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HomeMy WebLinkAboutAgenda Packet CC - 02/02/2015 - City Council Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, February 2, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Father Tri John-Bosco Nguyen, Parochial Vicar at St. Brigid Catholic Church 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. 15-032) 4) PUBLIC COMMENT 5) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 2 , 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Approval of the January 12, 2015 City Council Work Session Meeting Minutes. (Agenda Item No. 15-033) (Sudie Gordon, City Clerk) 2. Approval of the January 21, 2015 City Council Regular Minutes. (Agenda Item No. 15-034) (Sudie Gordon, City Clerk) 3. Approval of Agreement for Revocable License for Decorative Culvert Façade by and between the City of Milton and The Manor Community Association, Inc. (Agenda Item No. 15-035) (Carter Lucas, Public Works Director) 4. Approval of the Acquisition of 0.005 AC of Right of Way and 0.014 AC of Construction and Maintenance Easement at 12595 Crabapple Chase Drive from Sinha Meenakshi for a Combined Purchase Price of $2,050. (Agenda Item No. 15-036) (Carter Lucas, Public Works Director) 5. Approval of the Acquisition of 0.06 AC of Right of Way, 0.04 AC of Construction and Maintenance Easement, and 0.04 AC of Construction Easement at 800 Mayfield Road from EPH Holdings LLC for a Combined Purchase Price of $77,000. (Agenda Item No. 15-037) (Carter Lucas, Public Works Director) 6. Approval of a Resolution and Local Government Lighting Project Agreement with Georgia Department of Transportation for Project HPP00-0007-00(313) SR 372/Birmingham Highway at McFarlin Lane and SR 372/Crabapple Road at Crabapple Chase Drive Roundabouts. (Agenda Item No. 15-038) (Carter Lucas, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 2 , 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7. Approval of Subdivision Plats: Name of Development Action Comments Larry & Sue Castleberry Minor Subdivision Plat Parcel subdivided into three lots - B,C & D Charles L. Cato, Adam D. Orkin & Amelia G. Orkin Minor Subdivision Plat Revision Property line change between lots 6 & 7 Smith - Anderson Minor Subdivision Plat Parcel subdivided into two lots - 1A & 1B Valmont Subdivision Final Plat Revision Add road name "Valmont Trail" to private drive Parkside at Silos Subdivision Final Plat Lot layout for 16 lots and easements Victor Kroon Minor Subdivision Plat Created two lots The Manor Golf Course & Country Club Final Plat Revision Removed property lines on lots 125 and 127; adjusted flood limits Manorview Phase II Final Plat Create 33 lots (Agenda Item No. 15-039) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of U14-03/VC14-03 – 14250 Birmingham Highway, by Lauren Dillon – To Operate an Artist Studio (Sec. 64-1843) within an Existing Building and to Request a Concurrent Variance to Allow Outside Storage [Sec. 64-1843(b)(1)]. (Agenda Item No. 15-040) (Kathleen Field, Community Development Director) 2. Consideration of ZM15-01 – 13895 Hopewell Road by Jeff Runner – To Modify Condition 2.a. to Include a 40x60 Pavilion on the Site and to Modify Condition 1.c to Increase the Number of Guests from 150 to 250. (Agenda Item No. 15-041) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 2 , 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-042) The minutes were provided electronically !r HOME OF' LT(jN*k ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2015 FROM: City Manager AGENDA ITEM: Approval of Agreement for Revocable License for Decorative Culvert Fagade by and between the City of Milton and The Manor Community Association, Inc. MEETING DATE: Monday February 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: K) YES CITY ATTORNEY REVIEW REQUIRED: K YES APPROVAL BY CITYATTORNEY 0 APPROVED PLACED ON AGENDA FOR: 020215 REMARKS () NOT APPROVED () NO () NO () NOT APPROVED KI 10 youln PHONE: 678.242.25001 FAX: 678.242.2499 Green't CartEied* iuvroo i411.1�f.11-I ' f ink`oC�cityofmiltonga.us I www.cttyofmiktonga.us community i 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 January 23, 2015 for the February 2, 2015 Regular Council Meeting Agenda Item: Approval of Agreement for Revocable License for Decorative Culvert Facade by and between the City of Milton and The Manor Community Association, Inc. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Longstreet Road is a public roadway that has a culvert with the private subdivision roadway Manor North Dr running under the right-of-way. Longstreet Road was relocated as part of the Manor development and the culvert was constructed by the developer. The Manor has requested permission from the City to enhance and decorate the culvert with brick and stone facade. This agreement for revocable license would be in place before the Manor does any improvements to the structure and all repairs and maintenance would be the responsibility of the Manor. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (11/20/14) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Agreement AGREEMENT FOR REVOCABLE LICENSE FOR DECORATIVE CULVERT FACADE This Agreement for Revocable License for Decorative Culvert FaVade ("Agreement") is made by and between the City of Milton, Georgia ("City") and The Manor Community Association, Inc. ("Licensee") this day of , 2014. WHEREAS, Longstreet Road is a City road (the "City Road") that passes over Manor North Drive, a private right of way of Licensee, as shown on Exhibit "A," attached hereto and incorporated herein by reference; and WHEREAS, Licensee desires permission from the City to enhance and decorate a portion of the shoulders of the City Road, currently composed of concrete, with a decorative brick and stone facade as shown on the attached Exhibit "A" (the "Work") and to repair and maintain such Work; and WHEREAS, the parties desire to set forth the terms and conditions of such activities by Licensee. NOW, THEREFORE, for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. License. City hereby grants to Licensee a non-exclusive right and license to perform the Work on portions of the City Road as shown on the attached Exhibit "A" and to maintain and repair the Work for the term of the license created by this Agreement. City shall have no obligation to repair or maintain the Work, and in the event that any portion of the Work creates (in the sole discretion of the City) a hazard or impediment regarding the City Road, the City shall have the right, but not the obligation, to take any and all actions necessary regarding the Work to remedy such hazard or impediment to include removal of any or all of the Work with no obligation for reimbursement; provided, however, that prior to the City taking any action to removal all or part of the Work, City shall provide Licensee five days prior written notice of its intent to remove and will use reasonable efforts to work with Licensee to find a resolution to any issues prior to removing all or part of the Work. 2. Compliance with Laws. Licensee shall perform the Work and maintain it in accordance with all laws, rules, and regulations. Throughout the term of the license created by this Agreement, Licensee shall at its sole cost and expense comply with: (a) all applicable present and future laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments, courts, departments, and commissions; and (b) the requirements of all applicable policies of public liability, fire, and other insurance at any time in force with respect to the Work and its maintenance and repair. 3. License Term and Fee. The license created by this Agreement shall be revocable by the City upon delivering to Licensee at least 30 days prior written notice, and the term of the license created by this Agreement shall expire effective upon the date set forth in such notice. Delivery shall be deemed to have occurred upon the delivery of a notice of revocation by the City, via regular mail or email, to the then -president of The Manor Community Association, Inc. Upon revocation of the license created by this Agreement, the City may remove the Work with no obligation to reimburse Licensee or liability to Licensee for same. 4. Insurance. Licensee shall be responsible for maintaining insurance coverages as shown on Exhibit "B," attached hereto and incorporated herein by reference, regarding the Work for the duration of the term of the license created by this Agreement. 5. Indemnity. Licensee shall indemnify and hold the City, its officers, boards, commissions, elected and appointed officials, employees and agents (collectively, "Indemnitees") harmless from and against any and all liabilities, fines, claims, injuries, damages, actions, proceedings, judgments, costs, and expenses of any kind or nature whatsoever served against or sustained by the Indemnitees due to or arising out of any act, instant, event, or omission or negligence of Licensee, its employees and agents, in connection with its activities pursuant to this Agreement, except that this indemnification obligation shall not exist for claims or causes of action arising out of the sole negligence or intentional conduct of City employees, agents, contractors, or officials unaccompanied by any negligence on the part of the Licensee or its employees and agents. G. Binding Agreement. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective mortgagees, subcontractors, tenants, successors, and assigns. This Agreement constitutes the entire agreement between the parties respecting the subject matter hereof and supersedes all prior verbal or written agreements. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same License. The parties may transmit copies of this Agreement via facsimile or electronically, all of which shall each be deemed originals. 7. Voluntary Execution. The parties have acknowledged that this is a fair and reasonable agreement; it is not the result of any duress, coercion, or undue influence exercised by either party upon the other, or by any other persons upon either; that each party understands its respective rights and obligations hereunder, all relevant facts and obligations hereunder, and all relevant facts surrounding this matter; and that each party clearly understands all provisions of this Agreement and has signed this Agreement freely and voluntarily upon the advice of respective counsel, or has knowingly waived representation by counsel. 8. Nondiscrimination. a. The Licensee shall not discriminate against any person or persons or exclude them from participation in the Licensee's operations, programs or activities conducted on the Premises, because of race, color, religion, sex, age, handicap, or national origin. The Licensee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board. b. The Licensee, by acceptance of this Agreement, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of 2 the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Licensee, its agents, successors, transferees, sub -Licensees and assigns. c. Notwithstanding Section 8(a) and 8(b) above, the parties hereto acknowledge and agree that the Manor Community Association (the "Manor") is located on private property and nothing in this Agreement shall require Licensee to grant any unauthorized person access to or use of the Manor or its related amenities. [SIGNATURES ON THE FOLLOWING PAGE] CITY: SIGNED, SEALED AND DELIVERED Chris Lagerbloorn, City Manager In the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: SIGNLV- SEALED AND DELIVERED pre Notary Public TA [NOTARY SEAL] Z.� �f9 rri My Commission E$ir Q IyAlt !20. i �T�4�yr 'n• •rfi�G+OUNV 1111111110% 0 Date LICENSEE: The Manor Community Association, Inc. Gerry Weir, PPrresi(gnt (email: CoUtV NaT ) L' 4rrA'ZL dJ 1 e Date 1 Attest: erth, Secretary [AFFIX CORPORATE SEAL] 3 �rlrlr�rlrli�ilrlrrrlrrr rrrrrrrrrrrr rrr rrrrrrrrrr rrrrrrr rrrr rrrrrrrrrr'rr rrryrr rrrr !r! ry!ry r r! r!r!r!r!r!r . , ,r . A . 4�j W M1ft t f r MANOR -1 OP ID: ANOR '`Ac"R CERTIFICATE OF LIABILITY INSURANCE �'� DATE 1112 11201 YY] 11;'2012014 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 policyRiesy must be endorsed. if SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer righis to the certificate holder in lieu of such endorsements . PRODUCER Loy Day Agency 282 South Main $t Suite C Alpharetta, GA 30004 'RME'CT Loy Day insurance Agency PHONE FAX AiC. No- Fxts-770-442-3045 WC. Not: 770-442-9946 -MAI Loy Day Insurance Agency INSURER 5 AFFORDING COVERAGE NAIC 0 INSURERA:NWMutual Insurance Company 23787 MED EXP (Anyone pers a) $ 5,000 INSURED Manor Comm unity Association INSURER Nationwide Mutual Fire Ins. Co 23779 Inc. HOA 5665 Ail Hwy Ste 103 PM B 144 INSURER C: $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS x NON -OWNED HIRED AUTOS AUTOS Alpharetta 30004 INSURER D' INSURER E: COMBINED SINGLE LI $ Ea accident INSURER F BODILY INJURY (Per accident) $ P RTY DAMAGE $ Per accitlen COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL7R OF INSURANCE AIDIDLTYPE SVIDIR POLICYNUMBER POLICY EFF POLICY YY YI LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ffl OCCUR }[ Business Owners ACPSPHP.12325654358 0610112D14 06101/2015 EACH QCCURRENCE $ 2,000,000 PREMISES Ea occurrence S 300,000 MED EXP (Anyone pers a) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: X POLICY1 PE,� F-1 LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - OOMPIOP AGG $ 4,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS x NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LI $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ P RTY DAMAGE $ Per accitlen S Q X UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MACE ACPCAF23256543U 06/01/2014 06/0112015 EACH OCCURRENCE S 2,000,00 AGGREGATE S 2,000,00 DED RETENTIONS S WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY Y r N ANY PROPRIETORIPARTNERIEXECUTNE OFFICEPiMEMSER EXCLUDED? ❑ (Mandatory in NH) IFye s, destrihe under DESCMPTION OF OPERATIONS below NIA PERH- STOATUTE ER E.L. EACH ACCIDENT S E.L DISEASE - EA EMPLOYE $ -- - E. L. DISEASE - POLJCY LIMIT $ A UO ACPBPHM2325654358 K'01014 0610112015 D8A 1,000,00D DESCRIPTION OF OPERATIONS) LOCATIONS) VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached it more space is required) HOMEOWERS ASSOCIATION informational Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TWE POLICY PROVISIONS. AU T HORIZE D REPR ESENTATIV E Loy Day Insurance Agency Ci 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD HOME OF'THF BE.STULIALIIY ,> IJFF IN GFORGIA' WEEMENEREMMUM M, L . To ..V NIP ESTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.005 AC of Right of Way and 0.014 AC of Construction and Maintenance Easement at 12595 Crabapple Chase Drive from Sinha Meenakshi for a Combined Purchase Price of $2,050. MEETING DATE: Monday February 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additionaf pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED -61l FV ATTORNEY APPROVAL REQUIRED: ( YES ONO ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY Ch--Y-ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 02oZ l� REMARKS ©* YouGM PHONE: 678.242.25001 FAX: 678.242.2499r Green . *c• nr;* ��.+�� infoC�cifyofmiltonga.us www.cityofmiHonga.us Community E;h 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "' �"''ac To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on January 23, 2015 for the February 2, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.005 AC of Right of Way and 0.014 AC of Construction and Maintenance Easement at 12595 Crabapple Chase Drive from Sinha Meenakshi for a Combined Purchase Price of $2,050. ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.005 AC of right of way, 0.014 AC of construction and maintenance easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00{313) Parcel: 3 Tax Parcel ID#; 22 401111690354 GEORGIA, FULTON COUNTY For and in consideration of the sum of Ono Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to CCS of Milton an irrevocable option 10 acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1136 and 1169 of the -2nd — District, 2nd— Section of —_Fulton_ County, Georgia, and being more particularly described on Exhibit "A" attached Pereto and made a part hereof by reference. $2050.00 1i. f d • For the sum of $4,664,00, the undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: t 1) This option shall be irrevocable for a period of g0 days from this date. 2) The consideration recited is full payment for the rights conveyed. 228.62 Square Feet of Bight of Way _ Linear Feet of Limited Access 602.89 Square Feet of Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminale upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Milton at any time during the period slated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by Crty of Milton, and upon the payment of the agreed upon purchase price as herefn provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsoever. 7) Special Provisions, it any, are listed on Exhibit 'B", which is attached hereto and incorporated herein by re(erence. Witness my hand and seal this day of Signed, Sealed and Delivered in the presence of: Witness Notary Public Property Owners Address: Telephone/Contact Number; Approved -City of Milton (Seat) oil, HOME OF ' V \..A LT ON It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.06 AC of Right of Way, 0.04 AC of Construction and Maintenance Easement, and 0.04 AC of Construction Easement at 800 Mayfield Road from EPH Holdings, LLC for a Combined Purchase price of $77,000. MEETING DATE: Monday February 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED {) NOT APPROVED -OI-FY ATTORNEY APPROVAL REQUIRED: YES () NO &Tt ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BYC! ATTORNEY k APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Q 2 O Z I S- i REMARKS 44 ©*your *** * * a wo PHONE: 678.242.2500 1 FAX: 678,242.2499 infoftifyofmiitonga.us i www.cityofmiitonga.us Community 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on January 23, 2015 for the February 2, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.06 AC of Right of Way, 0.04 AC of Construction and Maintenance Easement, and 0.04 AC of Construction Easement at 800 Mayfield Road from EPH Holdings LLC for a Combined Purchase Price of $77,000. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.06 AC of right of way, 0.04 AC of construction and maintenance easement, and 0.04 AC of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement City of Milton q 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 11 Tax Parcel to#: 22-4161-1134-045-3 GEORGIA, FULTON COUNTY For and in consideration of the sum m One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton an irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1134 of the _2nd District, _2nd_ Section of _Fulton County, Georgia, and being more part cularl described on E hibit "A" attach County, hereto and made rt hereof by reference. For the sum of $-r�@OOj the undersigned agIs rAe�� execute� deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". IF The following conditions are imposed upon the grant of this option: * 1) This option shall be irrevocable for a period of 9 0 days from this date. 2) The consideration recited is full payment for the rights conveyed. 0.06 Acres of Right of Way Linear Feet of Limited Access 0.06 Acres of Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. The undersigned shall obtain all quit claim deeds or releases from any tenant now In possession and any other parties having a claim or interest in the property described above. Said option may be exercised by City of Milton at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further Instrument in writing. The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsoever. Special Provisions, If any, are (listed on Exhibit "B", which is attached he to and Incorporated herein by reference. 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Iz Mp'ti'v a i NCm in :q': a 'tl tl tl� tl tl �a� :��� itl 8 `d. tl tl g a tl tl k asst 3 3 W 9 33333 a ff a a y H g w R S C g g �F.n^.Fk !9 8 9 p ti I t n a s a i'WHO to a s y ikG�� €3§ a �assa ia: ! is! :� soWo^nen :nz `: 42na:8W8�: no a�.ns: •.^_:8e8 82,ns ~ a. ...': ,. �s;8 ys>a=a?„4 F.�va:`Y�gW:�om :�;�•^0�3' ��k�i n3w:ry&am` `n' :h:�gig`g^n.^.g:F�6 w R'R�°•�+�sQz. `'w�"'q� [ �����nn !`•„i goaaea:,ae>a z: cGissasgaaaaaE. sa^sesasa„aawapass�e ¢?E�„esas !E!M:aSy nwags w 5,5� is in a ons. "ao e _ a,os�e 'xWww qg s a ao5&k E� to HOME OF' ON -*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2015 FROM: City Manager AGENDA ITEM: Approval of a Resolution and Local Government Lighting Project Agreement with Georgia Department of Transportation for Project HPP00-0007-00(313) SR 372/Birmingham Highway at McFarlin Lane and 372/Crabapple Road at Crabapple Chase Drive Roundabouts. MEETING DATE: Monday February 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: x APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: { 1 YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES ONO APPROVAL BY CITY ATTORNEY ik APPROVED lI� () NOT APPROVED PLACED ON AGENDA FOR,- REMARKS OR:REMARKS © Youm *** PHONE: 678.242.25001 FAX: 678.242,2499 Green info@cityofmiitonga.us i www.cityofmiitonga.us Community i FN, 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 �'— 1'',V`� Page 1 of 2 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on January 23, 2015 for the February 2, 2015 Regular Council Meeting Agenda Item: Approval of a Resolution and Local Government Lighting Project Agreement with Georgia Department of Transportation for Project HPP00-0007-00(313) SR 372/Birmingham Highway at McFarlin Lane and SR 372/Crabapple Road at Crabapple Chase Drive Roundabouts ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The intersections of SR 372/Birmingham Highway at McFarlin Lane and SR 372/Crabapple Road at Crabapple Chase Drive will be improved by installing roundabouts. This is a Georgia Department of Transportation (GDOT) project that is funded by 80% Federal funds and 20% Local funds. As part of the final plans, GDOT requires a lighting agreement to be signed by the local government. In the concept phase of the project, the City provided a letter of support for the roundabouts including lighting. The City and their consultants have designed the project and are currently acquiring right of way for the project. GDOT will let the project for construction. The agreement addresses the following items related to lighting as part of the intersection improvements: - The lighting will be installed as part of the construction; - City will assume full responsibility for operation, repair and maintenance of lighting system and will pay for all energy required for operation of lighting system. Funding and Fiscal Impact: There will be an increase in the energy usage for the new lights being added to the system and costs associated for repair and maintenance as needed. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (1/26/15) Page 2 of 2 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): 1. Resolution 2. Agreement AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND CITY OF MILTON This Agreement is made and entered into this day of , 20 , by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the DEPARTMENT, and CITY OF MILTON, GEORGIA, acting by and through its City Council, hereinafter called the CITY. WHEREAS, the CITY has represented to the DEPARTMENT a desire to obtain roundabout Lighting at two locations — SR 372IBirmingham Hwy @ McFarlin Lane and SR 3721Crabapple Rd @ Crabapple Chase Dr. — in the City of Milton, said roundabout Lighting to be installed under GDOT Project CSHPP-0007-00(313) Fulton County, P.I. No. 0007313; and WHEREAS, the CITY has represented to the DEPARTMENT a desire to participate in: 1) Providing the Energy and 2) the Operation and Maintenance of said lighting systems at the aforesaid location, and the DEPARTMENT has relied upon such representation; and 1 of 5 WHEREAS, the DEPARTMENT has indicated a willingness to fond the materials and installation for the said lighting systems at the aforesaid locations, with funds of the DEPARTMENT, funds apportioned to the DEPARTMENT by the Federal Highway Administration under Title 23, United States Code, Section 104, or a combination of funds from any of the above sources. NOW, THEREFORE, in consideration of the mutual promises made and of the benefits to flow from one to the other, the DEPARTMENT and the CITY hereby agree each with the other as follows: 1, The DEPARTMENT or its assigns shall cause the installation of all materials and equipment necessary for roundabout Lighting at two locations --- SR 372/Birmingham Hwy @ McFarlin Lane and SR 372/Crabapple Rd @ Crabapple Chase Dr. — in the City of Milton, said lighting to be installed under GDOT Project CSHPP-0007-00(313) Fulton County, P.I. No. 0007313, as shown on Attachment "A" attached hereto and made a part hereof. 2. Upon completion of installation of said lighting systems, and acceptance by the DEPARTMENT, the CITY shall assume full responsibility for the operation, the repair and the maintenance of the entire lighting systems, including but not limited to repairs of any damages, replacement of lamps, ballasts, luminaires, lighting structures, associated equipment, conduit, wiring and service equipment, and the requirements of the Georgia Utility Facility Protection Act. The CITY further agrees to provide and pay for all the energy required for the operation of said lighting systems. 2 of 5 3. The DEPARTMENT shall retain ownership of all materials and various components of the entire lighting systems. The CITY; in its operation and maintenance of the lighting systems, shall not in any way alter the type or location, or the design of any of the various components which snake up the entire lighting systems without prior written approval from the DEPARTMENT. 4. This Agreement is considered as continuing for a period of fifty (50) years from the date of execution of this Agreement. The DEPARTMENT reserves the right to terminate this Agreement, at any time for just cause, upon thirty (30) days written notice to the CITY. 5. it is understood by the CITY that the DEPARTMENT has relied upon the CITY'S representation of providing for the energy, maintenance and operation and repair of the lighting represented by this Agreement; therefore, if the CITY elects to de -energize or fails to properly maintain or to repair the lighting systems during the term of this Agreement, the CITY shall reimburse the DEPARTMENT the materials cost for the lighting systems. If the CITY elects to de -energize or fails to properly operate, to repair, or to maintain any individual unit within the lighting systems, the CITY shall reimburse the DEPARTMENT for the material cost for the individual unit which will include all costs for the pole, luminaires, foundations, and associated wiring. The DEPARTMENT will provide the CITY with a statement of material costs upon completion of the installation. The covenants herein contained shall, except as otherwise provided accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written. 3 0t 5 RECOMMENDED: DEPARTMENT OF TRANSPORTATION Im (SEAL) ATTEST: Commissioner Treasurer 4 of 5 CITY OF MILTON, GEORGIA (SEAL) Mayor WITNESS Notary Public This Agreement approved by the City Council at a meeting held at the — day of 20 City Clerk Attachment "A" Project Location Mai) Project; CSHPP-0007-00(313) P.l_ No. 0007313 Citv of Milton Fulton Countv - •~ il� „L v ; Y J 0;4 k x . J Qtti�:;7S j'�Cf1l �A.I ItN ,y - _ _ , _ � -fix ,,�„ • 5 of 5 0 STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 15-02-325 A RESOLUTION FOR THE APPROVAL OF A LOCAL GOVERNMENT LIGHTING PROJECT AGREEMENT WITH GEORGIA DEPARTMENT OF TRANSPORTATION FOR PROJECT HPP00-0007-00(313) SR 372/BIRMINGHAM HIGHWAY AT MCFARLIN LANE AND SR 372/CRABAPPLE ROAD AT CRABAPPLE CHASE DRIVE ROUNDABOUTS WHEREAS: the Georgia Department of Transportation (GDOT) will let the roundabout projects SR 372/Birmingham Highway at McFarlin Lane and SR 372/Crabapple Road at Crabapple Chase Drive for construction; and WHEREAS: the City of Milton supports lighting to be installed as part of the roundabout construction project; and WHEREAS: the City of Milton understands that all energy costs and maintenance for the lighting system will be the responsibility of the City; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton, does hereby approve a Local Government Lighting Project Agreement with the Georgia Department of Transportation for Project HPP00-0007-00(313) SR 372/Birmingham Highway at McFarlin Lane and SR 372/Crabapple Road at Crabapple Chase Drive Roundabouts. RESOLVED this 2nd day of February, 2015. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2015 FROM: City Manager AGENDA ITEM: Approval of the following Subdivision Plats: Name of Development Action Comments Larry & Sue Castleberry Minor Subdivision Plat Parcel subdivided into three lots - B,C & D Charles L. Cato, Adam D. Orkin & Amelia G. Orkin Minor Subdivision Plat Revision Property line change between lots 6 & 7 Smith - Anderson Minor Subdivision Plat Parcel subdivided into two lots - 1 A & 1 B Valmont Subdivision Final Plat Revision Add road name "Valmont Trail" to private drive Parkside at Silos Subdivision Final Plat Lot layout for 16 lots and easements Victor Kroon Minor Subdivision Plat Created two lots The Manor Golf Course & Coungy Club Final Plat Revision Removed property lines on lots 125 and 127; adjusted flood limits Manorview Phase II Final Plat Create 33 lots MEETING DATE: Monday February 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum ©-*YOU= *** PHONE: 678.242.25001 FAX: 678.242.2 499 Green ;9 ; Genfied ; rap 90 info@cityofmilfonga.us www.cityofmilfonga.us tip' Community I, of Echi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 v APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: REMARKS O NOT APPROVED NO NO O NOT APPROVED To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on January 20, 2015 for the February 2, 2015 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Larry & Sue Castleberry Minor Subdivision Plat Parcel subdivided into three lots - B,C & D Charles L. Cato, Adam D. Orkin & Amelia G. Orkin Minor Subdivision Plat Revision Property line change between lots 6 & 7 Smith - Anderson Minor Subdivision Plat Parcel subdivided into two lots - 1A & 1B Valmont Subdivision Final Plat Revision Add road name "Valmont Trail" to private drive Parkside at Silos Subdivision Final Plat Lot layout for 16 lots and easements Victor Kroon Minor Subdivision Plat Created two lots The Manor Golf Course & Country Club Final Plat Revision Removed property lines on lots 125 and 127; adjusted flood limits Manorview Phase II Final Plat Create 33 lots Funding and Fiscal Impact: None Alternatives: Do not approve Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None .► HOME= OF' F S TA 1;1.1 S I I F ES 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 27, 2015 FROM: City Manager AGENDA ITEM: Consideration of U14-03NC14-03 — 14250 Birmingham Highway, by Lauren Dillon — To Operate an Artist Studio (Sec. 64-1843) within an Existing Building and to Request a Concurrent Variance to Allow Outside Storage [Sec. 64-1843(b)(1)]. MEETING DATE: Monday February 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY A TTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 0 z 0 2 I S REMARKS () NOT APPROVED X) NO X) NO NOTAPPROVED f ® - you( PHONE: 678.242.25001 FAX: 678.242.2499 Green 't� *c:erki"d' flee rf 4CILI�LIkk 4 infoftifyofmiltonga.us i www.cityofmiltonga.us �Ommunii 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 1 of 16 PETITION NUMBERS U14-03/VC14-03 ADDRESS 14250 Birmingham Hwy DISTRICT, LAND LOT 2/2, 737 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Artist Studio (Sec 64-1843) ACRES 7.912 EXISTING USE Single Family Residence, metal shop building, and accessory structures PROPOSED USE Artist Studio in existing shop building OWNER/PETITIONER Lauren Dillon ADDRESS 14250 Birmingham Hwy Milton, GA 30004 REPRESENTATIVE Scott Reece / Brumbelow-Reese & Associates, Inc. ADDRESS 13685 Highway 9 Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JANUARY 28, 2015 U14-03- APPROVAL CONDITIONAL VC14-03 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – JANUARY 28, 2015 U14-03- APPROVAL CONDITIONAL VC14-03 – APPROVAL CONDITIONAL A request to operate an artist studio (Sec. 64-1843) within an existing building and to request a concurrent variance to allow outside storage (Sec. 64-1843(b)(1)) Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 2 of 16 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 3 of 16 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 4 of 16 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 5 of 16 SITE PLAN SUBMITTED – October 1, 2014 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 6 of 16 Workshop looking west Southern property line Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 7 of 16 Northern property line Driveway looking east toward Birmingham Hwy SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 4,988 square foot single family residence, a 3,296 square foot metal shop building and other Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 8 of 16 accessory structures built on 7.912 acres. The site is heavily vegetated with Chicken Creek as the north property line. In addition, there are steep slopes going from the south toward the creek. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 1, 2014, Staff offers the following considerations: In the applicant’s letter of intent received by the Community Development Department on October 1, 2014, it indicates that the applicant seeks a Use Permit for an artist studio within the existing 3,296 square foot metal building. The applicant is also requesting a concurrent variance to allow outside storage. In addition, the letter states that the proposed hours of operation would not exceed 8 a.m. to 6 p.m. Monday through Friday and 9 a.m. to 6 p.m. on Saturday and Sunday. The applicant also states that there are no additional structures or additional impervious areas for the permit. The intent is to preserve the agricultural customs of the area, as the artist uses traditional blacksmithing techniques to create his artwork. Artist Studio (Section 64-1843) Required Standard Meets the Standard 1. No outside storage allowed. No, see Concurrent Variance Request VC14-03 2. Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to constitute a nuisance. Yes 3.a. The artist shall reside on the property. Yes The 3.b. The number of employees who can work on the premises shall be determined by the mayor and city council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. 2 employees 3.c. Only articles or goods produced, assembled, processed or manufactured on the site shall be sold or exhibited in the studio or on the property. Yes 3.d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the mayor and city council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. The property is 7.9 acres and the workshop is 3,296 square feet. The size of the property is more than large enough to accommodate the accessory structure. 7. T 3.e. An accessory structure may contain bathroom facilities and running water. There is no bathroom or running water in the workshop. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 9 of 16 3.f. No person may reside within the accessory structure used as a studio. There will be no one residing in the accessory structure. A s 3.g. A studio located within the primary residence, shall not exceed the smaller of 25 percent of the gross floor area of the dwelling unit or 750 square feet. Does not apply. 3.h. If applicable, hours for customers to visit the studio and deliveries shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Saturday. No, See discussion below. Hours of operation: Mon-Fri – 8 a.m. to 6 p.m; Sat . and Sun – 9 a.m. to 6 p.m. Deliveries: Mon-Fri – 9 a.m. to 5 p.m. Discussion of Use Permit Standards The applicant does not meet the standard of not having outside storage. Therefore, the following concurrent variance is being requested. VC14-03 – To allow outside storage (Sec. 64-1843(b)(1)) The proposed site plan indicates outside storage on the north side of the workshop building which would keep the materials out of sight, as it does not have exposure to any other buildings adjoining the property. There is heavy vegetation on the site and the property is higher in elevation and therefore cannot be seen. In addition, the sizes of the sculptures that are created require large pieces of metal that are too large to be placed within the workshop. It is Staff’s opinion that this request meets the following considerations for the concurrent variance. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (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; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends that VC14-03 be APPROVED. Staff notes that during the CZIM meeting and the DRB meeting, the adjacent property owner to the south was in attendance stating that they experienced vibrations within their home while the applicant’s hammer was in operation. Based on this input, the DRB recommended that the applicant install additional insulation to the building and to allow Staff to conduct sound readings. The Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 10 of 16 applicant also indicated that he would install pads under the hammer to decrease the vibration that runs through the subterranean granite. Since the time of the DRB meeting in November, based on the DRB’s recommendation to defer the item to allow Staff to cond uct sound readings, the applicant installed additional insulation on the south wall of the workshop and pads to decrease the vibration. The City of Milton Code Enforcement Officer, Deidre Jones and Robyn MacDonald were on site with the applicant and their representative to test the noise levels and vibration. Sound tests were conducted at two locations on the property line, one being the closest to the home to the south and the other further to the west where Highgrove Subdivision is currently under construction. In both instances, the DBA did not exceed the allowable 65 DBA at the property line. In addition, Staff did not feel any vibrations at those same locations while the hammer was in operation. Therefore, it is Staff’s opinion that the operation of the equipment used by the applicant does not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to constitute a nuisance. The applicant has submitted the following regarding hours of operation, Monday through Friday, 8:00 a.m. to 6:00 p.m.; Saturday and Sunday, 9:00 a.m. to 6:00 p.m. and deliveries as noted in the chart above. The proposed hours during the weekdays and weekend are longer than the Use Permit Standards permit and are not conducive to the surrounding area. Therefore, Staff recommends that the hours of operation be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturday and 12 noon to 5:00 pm. on Sunday. These hours will be reflected in the Recommended Conditions. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1144. City Arborist The proposed Use Permit will not impact any specimen trees based on the fact that there will be no improvements to the site. Fire Marshal The Fire Marshal and Building Official have made an on-site visit and have determined that the existing workshop can meet fire code and building code requirements. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 11 of 16 Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there is floodplain, Chicken Creek and its associated buffers and slopes of 25 percent or greater. In addition there are specimen trees but they will not be impacted by the proposed use. There is no endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On October 28, 2014 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were five people in attendance at the meeting. The following issues were brought up at the meeting:  Hours of operation.  Noise level of the work in the shop.  The vibration from the operation of the work in the shop. City of Milton Design Review Board Meeting Courtesy Review – November 4, 2014 The following comments were made at the meeting:  Good example of home business; no reason to not go forward with the business.  Applicant should do some kind of sound proofing on the metal building.  Suggest that we defer until we can get a definite answer as to what the noise levels are. Applicant shall have the noise/vibration levels tested and return to the DRB for the January meeting. City of Milton Design Review Board Meeting Courtesy Review – January 6, 2015 The following comments were made at the meeting:  The applicant added padding under the hammer, and added insulation to the building. Staff observed the sound tests while the equipment was in operation. The noise level generated by the equipment in operation is less than City maximums, as measured at the property lines. Also, they encountered no vibration from the machinery.  Applicant has met the Design Review Board’s requests. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 12 of 16 Public Participation Plan and Report The applicant submitted the Public Participation Report on January 13, 2015. The public participation meeting was held on October 30, 2014 from 5:30 to 8:00 p.m. at the offices of Brumbelow-Reese Surveying on Hwy 9. There were no attendees at the meeting. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the Low Density Residential (LDR) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the LDR land use category. In addition, the following Plan Policies are consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” “We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs.” Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is adjacent to Chicken Creek to the north, Stars Soccer Complex pursuant to U98-64 to the east. To the south are scattered single family residences and to the west is Highgrove Subdivision under construction zoned CUP (Community Unit Plan) with minimum one acre lots. It is Staff’s opinion that the proposed Artist Studio is compatible with adjacent and nearby properties if approved with the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 13 of 16 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the proposed use has only two employees, limited customers to the location and limited deliveries. 4. The location and number of off-street parking spaces; The required number of parking spaces is one space per 1,000 square feet. Based on this requirement, a total of 3 parking spaces are required. There is sufficient space on the existing concrete driveway to provide the required parking. In addition, the parking will not be seen from Birmingham Highway. 5. The amount and location of open space: The proposed site provides for a large area of open space which surrounds the workshop. 6. Protective screening: The Use Permit development standards for an artist studio or the Rural Milton Overlay District do not require protective screening. 7. Hours and manner of operation: The applicant has submitted the following regarding hours of operation, Monday through Friday, 8:00 a.m. to 6:00 p.m.; Saturday and Sunday, 9:00 a.m. to 6:00 p.m. and deliveries as noted in the chart above. The proposed hours during the weekdays and weekend are longer than the Use Permit Standards permit and are not conducive to the surrounding area. Therefore, Staff recommends that the hours of operation be limited to 9:00 a.m. to 5:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturday and 12 noon to 5:00 pm. on Sunday. These hours will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 14 of 16 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The proposed ingress and egress to the Artist Studio is via Birmingham Highway. CONCLUSION If approved with the Recommended Conditions, the proposed artist studio is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U14-03 be APPROVED CONDITIONAL. Additionally, Staff recommends VC14-03 be APPROVED. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 15 of 16 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for an Artist Studio (Sec. 64-1843) 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 artist studio within the existing 3,296 square foot building. b) The hours of operation shall be the following: i. Monday through Friday: 8:00 a.m. to 5:00 p.m. ii. Saturday: 10:00 a.m. to 5:00 p.m. and Sunday: 12:00 noon to 5:00 p.m. c) The hours of deliveries shall be the following: i. Monday through Friday: 9:00 a.m. to 5:00 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 1, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow outside storage on the north side of the existing 3,296 square foot building as depicted on the site plan received by the Community Development Department on October 1, 2014. (VC14- 03) Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on February 2, 2015 (First Presentation). 1/29/2015 U14-03/VC14-03 Page 16 of 16 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department and Georgia Department of Transportation, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works and Georgia Department of Transportation. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way as required by Georgia Department of Transportation ORDINANCE NO._______ PETITION NO. U14-03/VC14-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1843) FOR AN ARTIST STUDIO ON 7.912 ACRES LOCATED AT 14250 BIRMINGHAM HWY BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 18, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 14250 Birmingham Hwy, consisting of a total of approximately 7.912 acres as described in the attached legal description, a Use Permit for an event facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 737 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for an artist studio listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1843 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; 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 all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of February, 2015. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for an Artist Studio (Sec. 64-1843) 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 artist studio within the existing 3,296 square foot building. b) The hours of operation shall be the following: i. Monday through Friday: 8:00 a.m. to 5:00 p.m. ii. Saturday: 10:00 a.m. to 5:00 p.m. and Sunday: 12:00 noon to 5:00 p.m. c) The hours of deliveries shall be the following: i. Monday through Friday: 9:00 a.m. to 5:00 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on October 1, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow outside storage on the north side of the existing 3,296 square foot building as depicted on the site plan received by the Community Development Department on October 1, 2014. (VC14-03) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department and Georgia Department of Transportation, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works and Georgia Department of Transportation. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way as required by Georgia Department of Transportation Site Plan Submitted October 1, 2014 R HOME OF' Mt LTUN' ESTABLiS1 i ED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 27, 2015 FROM: City Manager AGENDA ITEM: Consideration of ZM15-01 — 13895 Hopewell Road by Jeff Runner —To Modify Condition 2.a. to Include a 40x60 Pavilion on the Site and to Modify Condition 1.c to Increase the Number of Guests from 150 to 250. MEETING DATE: Monday February 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: <) 20 Z (S REMARKS () NOT APPROVED NO NO () NOT APPROVED © 10 You(m PHONE: 678.242.25001 FAX: 678.242.2499 Green G""f'�d Tp°tou inFaC�cityofmiltonga.us www.cityofmilfonga.us Community t�;„ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 7 Page 1 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) PETITION NUMBER ZM15-01 PROPERTY INFORMATION ADDRESS 13895 Hopewell Road DISTRICT, LAND LOTS 2/2, 820 and 837 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) Use Permit for Special Event Facility – U13-04/VC13-04 and V14-09 ACRES 4.697 EXISTING USE Single Family Residence, barn and accessory structures OWNER/APPLICANT Jeff Runner 75 Swan Center Drive Dawsonville, GA 30148 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – FEBRUARY 18, 2015 ZM15-01 – APPROVAL CONDITIONAL OF CONDITIONS 2.a. and 1.c. INTENT To modify condition 2.a. to include a 40x60 pavilion on the site plan and to modify condition 1.c. to increase the number of guests from 150 to 250. Page 2 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Location Map Page 3 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Current Zoning Page 4 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Revised Site Plan submitted on January 6, 2015 Page 5 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Site Plan submitted September 26, 2013 (Approved on January 22, 2014) Page 6 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Approximate location of proposed pavilion on the west side of the house. Page 7 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Background and History The Mayor and City Council approved a Use Permit for an event facility in January 2014. The proposed event facility allowed only the existing structures and no other structures to be built or enlarged. In addition, the maximum number of guests permitted was 150. Since the time of the approved use permit, Mr. Runner has been working with the City Staff to design the necessary sprinkler system within the large house that is to be utilized as the primary area for the events. CZIM Meeting on January 27, 2015 The applicant was present at the meeting but there were no community members or neighbors in attendance. Requested Modifications Proposed Modification Request – To modify condition 2.a. to include a 40x60 pavilion on the site plan (Approved pursuant to U13-04 on January 22, 2014)) The applicant has requested in the letter of intent dated January 19, 2015 to replace the original site plan approved pursuant to U13-04 with a revised site plan submitted to the Community Development Department on January 6, 2015. This site plan proposes to include a 40’x60’ pavilion. The applicant has stated the following reasons for the change in the letter of intent: “Although our plans are to have most of the events inside the house, we do plan to allow a few outside events. We would rather build a nice looking pavilion in which to hold the outside events, rather than erect tents. Additionally, we have discovered that if we serve food in the house then we have to install a full commercial sprinkler system, which is very expensive and requires extensive modifications to the house. If we don’t serve food, then a residential system in the assembly areas are all that is required. This system is far less expensive, utilizes the existing water system, and is not any way near as intrusive to the facility. For those events in the house that will be serving food, the food will be served in the pavilion and then the rest of the event will be held inside the house.” The following are the existing and proposed conditions: EXISTING Condition 2.a – To the revised site plan received by the Community Development Department on September 26, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted Page 8 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. PROPOSED Condition 2.a- To the revised site plan received by the Community Development Department on January 6, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. The proposed pavilion (with no walls) located between the house and Hopewell Road with the additional pasture between the pavilion and Hopewell Road also owned by Mr. Runner should not have a negative impact on the Bethany Oaks Subdivision located further to the east. In addition, by building a permanent structure and not utilizing tents, the overall appearance of the site will be maintained. Therefore, Staff recommends that Condition 2. a. be APPROVED to include a pavilion as depicted on the revised site plan submitted on January 6, 2015. Proposed Modification Request - 1.c. To increase the number of guests from 150 to 250. The applicant has requested in the letter of intent dated January 19, 2015 to increase the number of guests from 150 to 250 which was approved pursuant to U13-04. The applicant has stated the following reasons for the change in the letter of intent: “During the hearing for the original application we stated that an event with 150 to 160 people was the maximum size we would like to host on our property. However, when speaking with prospective clients we have discovered that many of them have an invitation list of around 200 people. Even though we are well aware that not everyone invited actually attends, we are not comfortable hosting the event that could lead to a violation of the use permit. Therefore, even though our target attendance is not to exceed 150 to 160 people, we would like to have the use permit increased to legally allow 250.” The following are the existing and proposed conditions: EXISTING Condition 1.c. - The number of guests shall not exceed 150 people for a single event. PROPOSED Condition 1.c. - The number of guests shall not exceed 250 people for a single event. Page 9 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) Staff has evaluated the applicant’s request to increase the number of guests from 150 to 250 people for a single event. Based on the applicant’s parking plan submitted with the original Use Permit, the site can accommodate between 88 and 106 parking spaces . This meets the required number spaces of 74 based on the largest assembly place without fixed seating. The ballroom within the house is approximately 2,600 square feet and the proposed pavilion is 2,400 square feet in size. It is Staff’s opinion that granting the requested 250 guest limit would pose a potential parking problem on the site based on the fact there are a maximum of 106 parking spaces. Practically, one assumes that there are a minimum of two guests per car and sometimes attendees will attend without a plus one. In addition, the applicant will be required to adhere to the existing conditions pursuant to U13-04 that requires “Artificial sound emitting from the facility shall cease at 10:00 p.m.” and “Artificial sound shall be allowed only on the west side of the property”. Based on the parking issue, Staff recommends that the number of guests be increased from the existing 150 to 200. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 1.c. to indicate 200 guests. Page 10 of 10 ZM15-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on February 18, 2015 (First Presentation February 2, 2014) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U13-04) should be revised to read as follows: 1) To the owner’s agreement to restrict the use of the subject property as follows : c) The number of guests shall not exceed 200 people for a single event. 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on January 6, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. ORDINANCE NO. PETITION NO. ZM15-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF AN ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL APPROVING PETITION U13-04 ON JANUARY 22, 2014, PROPERTY LOCATED AT 13895 HOPEWELL ROAD WITHIN LAND LOTS 820 AND 837, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 4.697 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 18, 2015 at 6:00 p.m. as follows: SECTION 1. That the conditions of an ordinance, approved on January 22, 2014, for petition U13-04 that approved a Use Permit for a Special Event Facility (Sec. 64-1812) property located at 13895 Hopewell Road consisting of a total of approximately 4.697 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 18th day of February, 2015. Approved: ___________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U13-04) should be revised to read as follows: 1) To the owner’s agreement to restrict the use of the subject property as follows: c) The number of guests shall not exceed 200 people for a single event. 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on January 6, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Revised Site Plan Submitted January 6, 2015 (ZM15-01)