Loading...
HomeMy WebLinkAboutAgenda Packet CC - 10/05/2015 - 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, October 5, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the 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. 15-260) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 5 , 2015 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the September 14, 2015 Special Called City Council Meeting Minutes. (Agenda Item No. 15-252) (Deferred at the September 21, 2015 City Council Meeting) (Sudie Gordon, City Clerk) 2. Approval of the September 14, 2015 Work Session Council Meeting Minutes. (Agenda Item No. 15-261) (Sudie Gordon, City Clerk) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Breast Cancer Awareness Month (Councilmember Karen Thurman) 7) FIRST PRESENTATION 1. Consideration of RZ15-14/U15-04/VC15-03 – 3503 and 3505 Bethany Road by Wisdarium, LLC - To Rezone from O-I (Office-Institutional) and AG-1 (Agricultural) to O-I (Office-Institutional) and a Use Permit for a Private School (Sec. 64-1831) to Expand the Existing School from 2,000 Square Feet to 8,000 Square Feet for up to 150 Students. A Two-part Concurrent Variance to Reduce the 50 Foot Undisturbed Buffer and 10 Foot Improvement Setback to a 20 Foot Landscape Strip along the North Property Line [Sec. 64-1091(a)] and to Reduce the 100 Foot Setback for Recreation Areas to 20 Feet along the North Property Line [Sec. 64-1831(b)(4)]. (Agenda Item No. 15-262) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code. (Agenda Item No. 15-263) (Jim Cregge, Parks and Recreation Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 5 , 2015 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration to Adopt the Impact Fee Ordinance and to Create Chapter 25 “Impact Fees” in the City Code of Ordinances. (Agenda Item No. 15-257) (Discussed at September 14, 2015 City Council Work Session) (First Presentation at September 21, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) 11) NEW BUSINESS (None) 12) ADMINISTRATIVE HEARING RELATED TO ALCOHOL LICENSE 1. Administrative Hearing Regarding the Possible Suspension or Revocation of the Alcohol License for C.C.E. Group, Inc., d/b/a Montana’s Bar & Grill Located at 13695 Highway 9, Milton, Georgia 30004. (Agenda Item No. 15-258) (Deferred at the September 21, 2015 City Council Meeting) (Chris Lagerbloom, City Manager) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development 15) EXECUTIVE SESSION (if needed) 16) ADJOURNMENT (Agenda Item No. 15-264) The minutes were provided electronically HOME OF ` MIL'iONIIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 25, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Breast Cancer Awareness Month. MEETING DATE: Monday, October 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES X NO CITY ATTORNEY REVIEW REQUIRED: () YES (4 NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: _ _ 7�T REMARKS Your _ PHONE: 678-242.25001 FAX: 678,242.2499 *ce�«s * infoC�cityofmiltonga.us www ti ��© Community ;�ihscs� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 2015 National Breast Cancer Awareness Month WHEREAS, October 2015 is National Breast Cancer Awareness Month; and WHEREAS, breast cancer is the second most common cancer among women, after skin cancer; and WHEREAS, one in eight women will be diagnosed with breast cancer at some point in their life; and WHEREAS, over 230,000 new cases of invasive breast cancer will be diagnosed in 2015 and about 40,000 women will die from the disease; and WHEREAS, every woman is at risk for breast cancer even i f she has no family history or other risk factors of the disease; and WHEREAS, the efforts of various organizations have made regular contributions to spreading breast cancer awareness through outreach education and screening programs, and, have empowered women with the life-saving message of early detection and the importance of having annual mammograms. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim October as NATIONAL BREAST CANCER AWARENESS MONTH in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 5th day of October, 2015. ______________________ Joe Lockwood, Mayor HOME OF F FST QL)ALITY C", LIF& IN GEORC;IA' LTONIP ESTAL3LISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 25, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-141U15-04NC15-03 — 3503 and 3505 Bethany Road by Wisdarium, LLC - To Rezone from 0-1 (Office -Institutional) and AG -1 (Agricultural) to 0-1 (Office -Institutional) and a Use Permit for a Private School (Sec. 64-1831) to Expand the Existing School from 2,000 Square Feet to 8,000 Square Feet for up to 150 Students. A Two-part Concurrent Variance to Reduce the 50 Foot Undisturbed Buffer and 10 Foot Improvement Setback to a 20 Foot Landscape Strip along the North Property Line [Sec. 64-1091(a)] and to Reduce the 100 Foot Setback for Recreation Areas to 20 Feet along the North Property Line [Sec. 64- 1831(b)(4)]. MEETING DATE: Monday, October 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O) APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: RYES () NO CITY ATTORNEY REVIEW REQUIRED: 64 YES O NO APPROVAL BY CITY ATTORNEY N APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 10—S-11, ax -4 -- REMARKS ©Your PHONE: 678.242.2500 j FAX: 678.242.2499 Gree' n 7 *a.fiL* infoftityofmiltonga.us I www.cityofmiltongmus ����� Community 3 E nz F F� 13000 Deerfield Parkway, Suite 107 Milton GA 30004 -'"" �''04P, Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 1 of 24 RZ15-14/U15-04/VC15-03 PETITION NUMBERS RZ15-14/U15-04/VC15-03 PROPERTY INFORMATION ADDRESS 3503 and 3505 Bethany Bend DISTRICT, LAND LOTS 2/1 973 and 974 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) and AG-1(Agricultural) PROPOSED ZONING O-I (Office-Institutional) and Use Permit for Private School ACRES 2.89 EXISTING USE Montessori School and a Single Family Residence PROPOSED USE Expand existing school PETITIONER Wisdarium LLC – Biju Eappen ADDRESS 3505 Bethany Bend Milton, GA 30004 INTENT To rezone from O-I (Office-Institutional) and AG-1 (Agricultural) to O-I (Office- Institutional) and a Use Permit for a Private School (Sec. 64-1831) to expand the existing school from 2,000 square feet to 8,000 square feet for up to 150 students and to request a two-part concurrent variance: 1)To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 20 foot landscape strip along the north property line (Sec. 64-1091(a)) 2) To reduce the 100 foot setback for recreation areas to 20 feet along the north property line (Sec. 64-1831(b)(4)). Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 2 of 24 RZ15-14/U15-04/VC15-03 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION –SEPTEMBER 23, 2015 RZ15-14 – APPROVAL CONDITIONAL U15-04- APPROVAL CONDITIONAL VC15-03 – PARTS 1 AND 2 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION –SEPTEMBER 23, 2015 RZ15-14 – APPROVAL CONDITIONAL U15-04- APPROVAL CONDITIONAL VC15-03 – PARTS 1 AND 2 – APPROVAL CONDITIONAL The Planning Commission recommended approval conditional as presented by Staff and include the days and hours of operation for the school. It was passed unanimously 6-0. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 3 of 24 RZ15-14/U15-04/VC15-03 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 4 of 24 RZ15-14/U15-04/VC15-03 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 5 of 24 RZ15-14/U15-04/VC15-03 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 6 of 24 RZ15-14/U15-04/VC15-03 REVISED SITE PLAN SUBMITTED ON JULY 10, 2015 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 7 of 24 RZ15-14/U15-04/VC15-03 REVISED SITE PLAN SUBMITTED SEPTEMBER 23, 2015 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 8 of 24 RZ15-14/U15-04/VC15-03 FRONT ELEVATION FACING BETHANY BEND Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 9 of 24 RZ15-14/U15-04/VC15-03 WEST ELEVATION FACING REAR OF PROPERTY Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 10 of 24 RZ15-14/U15-04/VC15-03 SOUTH FACING ELEVATION (TOWARD EXISTING BUILDING) Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 11 of 24 RZ15-14/U15-04/VC15-03 NORTH ELEVATION Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 12 of 24 RZ15-14/U15-04/VC15-03 SUBJECT SITE: The subject site contains 2.89 acres and is developed with the 2,000 square foot Red Apple Montessori school at 3505 Bethany Bend, zoned O -I pursuant to Z03- 152 approved for a day care in the existing building and a total of 50 students. The subject property at 3503 Bethany Bend is a single family residence zoned AG- 1. The property at 3503 had been a part of a larger assemblage to rezone to TR for 71 townhomes pursuant to RZ14-15/VC14-04 but was withdrawn on April 27, 2015. This property is located within the SR 9 Overlay District and not the Deerfield Form Based Code area. In the applicant’s letter of intent, he states that he requests to expand the current capacity of 50 students to 150 students. In addition, the school will serve not just the current pre-school but include elementary school classes, thus the requirement for a Use Permit for a Private School . The expansion will require the adjacent property at 3503 Bethany Bend with a newly constructed 6,000 square foot building. The added classes will require an additional 10 teachers. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted on September 23, 2015 to the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-730 O-I (Office-Institutional) Based on the requirements pursuant to Sec. 64-730, the site plan indicates compliance with the development standards for O-I (Office-Institutional). The applicant is requesting this zoning district for those students who are less than 4 years in age which requires a day care facility and is allowed by right within the O-I district. Staff has evaluated the existing and future right-of-way requirements based on the revised site plan received on September 23, 2015 and is in compliance with the minimum building setback of 40 feet for the proposed new building along Bethany Bend. DEVELOPMENT STANDARDS – SEC. 64-1831 – PRIVATE SCHOOL USE PERMIT Based on the requirements pursuant to Sec. 64-1831, the site plan indicates compliance with the development standards for the Use Permit with the exception of the following: VC15-03 – Part 2 - Reduce the 100 foot setback for recreation areas to 20 feet along the north property line (Sec. 64-1831(b)(4)). Staff notes that the approved zoning adjacent to the north is TR (Townhouse Residential) and for a use permit for senior housing at a density of 20 units per acre. The Use Permit development standard states the following: “Active outdoor Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 13 of 24 RZ15-14/U15-04/VC15-03 recreation areas shall not be located within 100 feet of an adjoining residential district or use.” The requirement does not make a distinction between multi-family residential and single family residential. It is Staff’s opinion that the proposed reduction of the setback to 20 feet would not have a negative impact on the adjacent property based on the fact that it will be developed with a much more intense use. Additionally, relief, if granted, would not offend the spirit or intent of this zoning ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of VC15-03 – Part 2. STATE ROUTE 9 OVERLAY DISTRICT The proposed expansion of the Montessori school is required to meet the State Route 9 Overlay District standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. Staff notes that the proposed new building will also need to comply with the Overlay District prior to the issuance of the building permit. The site plan shows compliance with the requirements of the State Route 9 Overlay District with the exception of the following: VC15-03 –Part 1 - Reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 20 foot landscape strip along the north property line (Sec. 64-1091(a)) Staff notes that there is an approved zoning adjacent to the north which is TR (Townhouse Residential) and a use permit for senior housing at a density of 20 units per acre. The State Route 9 Overlay District requires “for sites on four acres or less, a 50 foot wide undisturbed buffer, with a ten foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses”. The requirement does not make a distinction between multi-family residential and single family residential. It is Staff’s opinion that the proposed reduction of the buffer to a 20 foot landscape strip would not have a negative impact on the adjacent property based on the fact that it will be developed with a much more intense use. Additionally, relief, if granted, would not offend the spirit or intent of this zoning ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of VC15-03 – Part 1. Landscape Strips and Buffers The Site Plan is compliant with the following required landscape strip and buffers as required by the State Route 9 Overlay District:  20 foot landscape strip adjacent to Bethany Bend and Morris Roads  50 foot undisturbed buffer and 10 foot improvement setback along the western property line. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 14 of 24 RZ15-14/U15-04/VC15-03  25 foot undisturbed buffer and 10 foot improvement setback along the southern property line. This is based on the existing zoning of O-I (Office- Institutional) pursuant to RZ03-152. Staff has evaluated the existing and future right-of-way requirements based on the revised site plan received on September 23, 2015 and is in compliance with the minimum required 20 foot landscape strip along Bethany Bend. Fencing Pursuant to 64-1092 (i) the Overlay requires a black four board black equestrian fence, not exceeding 55 inches in height along Bethany Bend and Morris Road. This requirement is included in the revised site plan. ENVIRONMENTAL SITE ANALYSIS In reference to the Environmental Impacts to the site, it satisfies the requirement of Section 64-2126. The applicant has addressed the various issues outlined in the ESA report. The proposed site does contain wetlands, floodplains and streams but does not contain, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS There will be no specimen trees impacted by the newly developed building or parking. Based on a field visit, the City Arborist noted that there is a small area of wetlands on the site, but not within any disturbed area. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no objection to the proposed site plan. All development plans and building plans will be reviewed by the Fire Marshal prior to any permits being issued. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 15 of 24 RZ15-14/U15-04/VC15-03 COST TO SERVE ANALYSIS Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 16 of 24 RZ15-14/U15-04/VC15-03 PUBLIC INVOLVEMENT On June 23, 2015 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. The community asked the applicant some general information questions about the project. PUBLIC PARTICIPATION REPORT The applicant submitted a public participation report on September 17, 2015. The meeting was held on September 14, 2015 and there were 4 people who attended. They were not opposed to the request and there were no issues to resolve. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – JULY 7, 2015 Comments:  Move structure to be even with the existing building.  Put parking behind the building.  Make sure you have the current road improvement layout. Show correct right of way dedication.  We want something to look nice from the streetscape; everything should blend in.  The structure presented is not the Milton look.  It’s a rural area, and people want to see that.  Meet with the City Architect; work with him on building placement and, architectural character.  Needs to meet State Route 9 Overlay requirements. Staff notes that the applicant worked cl osely with Staff to address the DRB’s comments. The report includes the latest building elevations in response to the DRB and Staff’s direction regarding the design of the building. Also, the site plan has been revised to address the DRB’s comments. 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 expansion of the existing Montessori school at a density of 2,759 square feet per acre is suitable based on the adjacent and nearby developments. Specifically, adjacent to the north, the subject property is zoned TR (Townhouse Residential) with a use permit for senior housing at a Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 17 of 24 RZ15-14/U15-04/VC15-03 density of 20 units per acre and 3 stories in height. In addition, Windcrest Park further to the north is developed with townhomes at a density of 6.76 units per acre zoned TR (Townhouse Residential). Furthermore, Spring Valley townhomes are developed at 7.86 units per acre. The City of Milton approved their 2030 Comprehensive Plan recommending High Density Residential at 3 to 5 units per acre in 2011 based on the city’s vision for the area and for the subject parcel currently zoned AG-1. The Future Land Use Map indicates that the parcel to the north, zoned for senior housing is designated as Retail and Service. This should have been assigned to the existing O-I zoning where the current Red Apple Montessori is located. In addition, there is a large mixed use development directly to the east in Forsyth County as described in the table below. It is Staff’s opinion that the proposed expansion is suitable in view of the adjacent and nearby properties. Adjacent Uses Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ08-08 U08-04 TR (Townhouse Residential) and Use Permit for Senior Housing 20 unit/acre 3 stories East (Forsyth County) 2 MPD (Master Plan Development) Deerfield Township 114,800 sq.ft. – retail 35,200 sq.ft. – office 300 units – CCRC 92,000 sq.ft. – self storage 283 single family units 800 multi-family units Further North 3 AG-1 (Agricultural) Scattered single family residential 1 unit per acre Northwest 4 Z97-115 TR (Townhouse Residential) Conditional Windcrest Park 6.76 units/acre 1,500 sq. ft. Northwest 5 Z99-136 TR (Townhouse Residential) Conditional Spring Valley 7.86 units/acre 2 stories 1,200 sq. ft. West 6 Z02-105 TR (Townhouse Residential) Conditional Hidden Forest 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached Southeast 7 Z96-124 T-5R and Civic Space The Preserve at Deerfield 12 units/acre 3 stories Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 18 of 24 RZ15-14/U15-04/VC15-03 ADJACENT USES MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 19 of 24 RZ15-14/U15-04/VC15-03 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 proposed expansion of the Montessori School will not adversely affect the existing uses of adjacent or nearby properties if approved with Staff’s recommended conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable economic use as currently zoned, although, the AG-1 portion of the site may not have a reasonable economic use based on the high density residential and non-residential uses nearby. 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? If developed with the recommended conditions, Staff does not anticipate an excessive or burdensome use of existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: – 2030 City of Milton Comprehensive Plan recommends Retail and Service at 3505 Bethany Bend (see note about correction of Map) and High Density Residential developed at 3 to 5 units per acre for 3503 Bethany Bend. The proposed expansion is partially consistent with the Comprehensive Plan. Proposed use/density: Day Care/Montessori School 2,759 square feet per acre In addition, the proposed development is consistent with the following plan policies:  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. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 20 of 24 RZ15-14/U15-04/VC15-03  We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. 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? It is Staff’s opinion that since the adoption of the Plan, the surrounding development of high density residential and especially the commercial development to the east in Forsyth County and the increased traffic in the area have changed the character of this area. 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 may 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. 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 both the Commercial and Service land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit for a private school is permitted in the O-I (Office- Institutional) district which is an acceptable zoning district for the Retail and Service land use category. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 21 of 24 RZ15-14/U15-04/VC15-03 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is compatible with the adjacent and nearby land uses and zoning districts based on the existing zoning on a portion of the property, an approved senior living facility at a density of 20 units per acre to the north, residential development ranging from 4.99 units per acre (Hidden Forest) to 12 units per acre (The Preserve at Deerfield). In addition, although it is not in the City of Milton, directly to the east is a high intensity mixed use development in Forsyth County which will directly impact these properties. 3. 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 variances are approved. 4. 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, pedestrian, along adjoining streets should be mitigated with the location of the entrance, a required left turn lane into the property and required sidewalks. 5. The location and number of off-street parking spaces; The off street parking is located on the sides and rear of the existing and proposed buildings which is the appropriate location as required by the State Route 9 Overlay District. Below is a table indicating the required and provided number of parking spaces for the site. 1 parking space per 4 employees 1.7 parking spaces per 1,000 sq.ft. # of Parking Spaces Existing Building (2,000 sq. ft.) 6 employees = 2 parking spaces 1.7x2 = 4 parking spaces 6 Proposed Building (6,000 sq. ft.) 12 employees = 3 parking spaces 1.7 x6 =11 parking spaces 14 Total Required 20 Total Provided 20 6. The amount and location of open space: The proposed site provides adequate open space along the western portion of the site as well as in front of the existing structure near Morris Road. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 22 of 24 RZ15-14/U15-04/VC15-03 7. Protective screening: There is a large amount of protective screening to the west adjacent to the Hidden Forest Subdivision. A perennial stream is located along the western property line which requires a 50 foot undisturbed buffer and 25 foot non- improvement setback. Along the north property line, a concurrent variance has been requested to reduce it from 50 feet to 20 feet; it is Staff’s opinion that this is sufficient for the approved high density senior housing to the north. 8. Hours and manner of operation: Monday –Friday 7:30 am – 6:00 pm It is Staff’s opinion that the above mentioned hours and days of operation are reasonable for the proposed use and will be included in the Recommended Conditions. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Highway 9 Overlay District pursuant to Sec. 64-1094. 10. Ingress and egress to the property. The site plan indicates a one way in and a one way out for ingress and egress to the property. This allows the student drop off and vehicular turnaround be provided so that flow of traffic to remain forward in motion which is required per Sec. 64-1831(b)(7). CONCLUSION The proposed development is partially consistent with the 2030 City of Milton Comprehensive Plan’s suggestion of High Density Residential developed at 3 to 5 units per acre and Retail and Service. Based on the fact that there is higher density residential adjacent to the north, southwest and east within the City of Milton and retail commercial to the east in Forsyth County, it is Staff’s opinion the proposed rezoning from AG-1 and O-I to O-I is appropriate and therefore, recommends APPROVAL CONDITIONAL of RZ15-14 and U15-04. In addition, Staff recommends APPROVAL CONDITIONAL of PARTS 1 AND 2 OF VC15-03. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 23 of 24 RZ15-14/U15-04/VC15-03 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) CONDITIONAL and a Use Permit for a Private School (Sec. 64-1831) 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) Restrict the use of the subject property to a private school and day care facility in the existing structure and proposed 6,000 square foot structure not to exceed 8,000 square feet in size at a maximum density of 2,759 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 150. c) Restrict the days and hours of operation to Monday through Friday 7:30 am – 6:00 pm. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 23, 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. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Early Care and Learning. 3) To the owner’s agreement to the following site development considerations: a) Provide a 20 foot landscape strip along the north property line. (VC15-03, Part 1) b) Provide a 20 foot setback for recreational areas along the north property line. (VC15-03, Part 2) Prepared by the Community Development Department for the Mayor and City Council Meeting on October 19, 2015 (First Presentation October 3, 2015) 10/1/2015 Page 24 of 24 RZ15-14/U15-04/VC15-03 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 prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 35 feet of right of way from the centerline of Bethany Bend along the entire property frontage 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. Reserve 45 feet of right-of-way from the centerline of Bethany Bend along the entire property frontage iii. Provide bicycle and pedestrian improvements along entire property frontage of Bethany Bend 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 iv. Provide installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) Northbound Left Turn Lane on Bethany Bend at new entrance access drive, to tie into turn lanes proposed by others as part of improvements to the intersection of Bethany Bend at Morris Rd/McGinnis Ferry Road. b) Access to the site shall be subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Certificate of Occupancy. i. No vehicular access to Morris Road. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. RZ15-14/U15- 04/VC15-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 AND O-I TO O-I FOR A DAY CARE FACILITY AND A USE PERMIT FOR A PRIVATE SCHOOL (SEC. 64-1809) ON 2.89 ACRES LOCATED AT 3503 AND 3505 BETHANY BEND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on October 19, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following properties located at 3503 and 3505 Bethany Bend consisting of a total of approximately 2.89 acres as described in the attached legal description, be approved Office-Institutional for a Day Care Facility and a Use Permit for a Private School with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 973 and 974 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the private school and day care facility listed in the attached conditions of approval, be approved under the provisions Sec. 64-1831 and Article VI, Division 16, respectively, 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 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 19th day of October, 2015. 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 and a Use Permit for a Private School (Sec. 64-1831) 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) Restrict the use of the subject property to a private school and day care facility in the existing structure and proposed 6,000 square foot structure not to exceed 8,000 square feet in size at a maximum density of 2,759 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 150. c) Restrict the days and hours of operation to Monday through Friday 7:30 am – 6:00 pm. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 23, 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. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Early Care and Learning. 3) To the owner’s agreement to the following site development considerations: a) Provide a 20 foot landscape strip along the north property line. (VC15-03, Part 1) b) Provide a 20 foot setback for recreational areas along the north property line. (VC15-03, Part 2) 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 prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 35 feet of right of way from the centerline of Bethany Bend along the entire property frontage 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. Reserve 45 feet of right-of-way from the centerline of Bethany Bend along the entire property frontage iii. Provide bicycle and pedestrian improvements along entire property frontage of Bethany Bend 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 iv. Provide installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. Northbound Left Turn Lane on Bethany Bend at new entrance access drive, to tie into turn lanes proposed by others as part of improvements to the intersection of Bethany Bend at Morris Rd/McGinnis Ferry Road. b) Access to the site shall be subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Certificate of Occupancy. i. No vehicular access to Morris Road 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. REVISED SITE PLAN SUBMITTED SEPTEMBER 23, 2015 HOME OF ` ' -MILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 25, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code. MEETING DATE: Monday, October 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: W APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: J YES O NO CITY ATTORNEY REVIEW REQUIRED: YES (j NO APPROVAL BY CITY ATTORNEY .9 APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS EI�EQ� ©itYoum*** PHONE: 678.242.25001 FAX: 678.242.2499 Ween ' + certified + rop iou + n.ni.irr. COmmunit City' info@cityofmiltonga.us I www.cifyofmiltonga.us y t�hs� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -' a` To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on September 18, 2015 for the October 5, 2015 and October 19, 2015 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code. Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed in April 2015. Since that time, Bell Memorial Park has come online as a city asset with new components that the community wishes to rent. This revised schedule now includes the fee to rent the artificial turf fields and the Meeting Room by City of Milton residents and non-residents. Non- residents will be charged an additional 50% as is the practice with all other Parks and Recreation fees. The proposed rental fee for the Broadwell Pavilion was reviewed by the Parks and Recreation Advisory Board. The PRAB approved the proposed rental fees. Funding and Fiscal Impact: The fees proposed to rent the artificial turf fields and the meeting room will cover the costs of operating the facility for that rental period. Alternatives: If this fee schedule is not adopted, our alternative is to relay the council’s input and return to the PRAB to revise the fee structure. Page 2 of 2 Legal Review: Ken Jarrard – Jarrard & Davis, September 18, 2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 19, 2015 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. 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 19th day of October, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk 34‐24 (a) (1)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateOne Field for two hours without lights $25.00 per hour34‐24 (a) (2)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateOne Field for two hours with lights $37.50 per hour34‐24 (a) (3)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateField preparation ‐ dragging and lining $75.00 34‐24 (a) (4)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateRefundable Security Deposit $100.00 34‐24 (a) (5)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateOne Field for a Day without lights $175.00 34‐24 (a) (6)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateOne Field for a Day with lights $225.00 34‐24 (a) (7)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateFor a Special Event for a Day $500.00 34‐24 (a) (8)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateOne artificial turf field without lights $75.00 per hour34‐24 (a) (9)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateOne artificial turf field with lights $100.00 per hour34‐24 (a) (10)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateRefundable Security Deposit $100.00 34‐24 (a) (11)Field rental rates at Bell Memorial Park ‐ Milton Citizen RateMeeting Room Rental $20.00 per hour34‐24 (b) (1)Facility rental rates at Bethwell Community Center ‐ Milton Citizen RateRentals offered in a minimum of three hours $40.00 per hour34‐24 (b) (2)Facility rental rates at Bethwell Community Center ‐ Milton Citizen RateRefundable Cleaning Deposit $50.00 34‐24 (b) (3)Facility rental rates at Bethwell Community Center ‐ Milton Citizen RateRental for a Day $300.00 34‐24 (c) Facility rental rates at Friendship Community Park Pavilion Only ‐ Milton Citizen RateRentals offered in a minimum of two hours $10.00 per hour34‐24 (d) (1)Facility rental rates at Broadwell Pavilion ‐ Milton Citizen RateRentals offered in a minimum of four hours $25.00 per hourChapter 34 ‐‐ Parks, Recreation and Cultural Affairs 34‐24 (d) (2)Facility rental rates at Broadwell Pavilion ‐ Milton Citizen RateUsage of lights for the duration of a rental $25.00 per hour34‐24 (d) (3)Facility rental rates at Broadwell Pavilion ‐ Milton Citizen RateRefundable Security Deposit $500.00 34‐24 (d) (4)Facility rental rates at Broadwell Pavilion ‐ Milton Citizen RateRefundable personal grill usage deposit $100.00 34‐24 (e) (1) Camp Joyful Soles Registration Fee per week $175.00 34‐24 (e) (2) Camp Joyful Soles Non‐refundable, Non‐transferable Deposit per week $50.00 34‐24 (f) Administrative Fee Approved Refunds/Cancellations $15.00 34‐24 (g) Employee DiscountCity of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors)50% off of the City of Milton Resident rate34‐24 (h) Corporate Rate Milton based businesses20% increase over City of Milton Resident rate34‐24 (i) Non‐Resident Rate Applies to all individuals and businesses not based in Milton50% increase over City of Milton Resident rate34‐24 (j) Independent Contractor CommissionsAt the discretion of the Parks ands Recreation Director based upon services provided and fees chargedNo less than 10% and no more than 30% HOME OF ' M.ILTON% ESTAIiLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 25, 2015 FROM: City Manager AGENDA ITEM: Consideration to Adopt the Impact Fee Ordinance and to Create Chapter 25 "Impact Fees" in the City Code of Ordinances. MEETING DATE: Monday, October 5, 2015 Regular City Council Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (6 APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES O NO CITY ATTORNEY REVIEW REQUIRED: 'A YES () NO APPROVAL BY CITY ATTORNEY -XAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: i � -5 REMARKS ©vYoun *** PHONE: 678.242.2500 f FAX: 678.242.2499 infofcityofmiltonga.us E www.cityofmiltonga.us ,r� Community s'of 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `"' a To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on September 24, 2015 for the October 5, 2015 Regular Council Meeting. (Work Session September 14; First Presentation September 21) Agenda Item: Consideration to Adopt the Impact Fee Ordinance and to Create Chapter 25 “Impact Fees” in the City Code of Ordinances. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As part of conducting the Impact Fee Study, a Capital Improvements Element (CIE) was prepared by the city’s impact fee consultants, Ross and Associates. At the July 20, 2015 council meeting the Mayor and City Council approved a resolution (No. 15-07-344) to transmit the CIE to the Atlanta Regional Commission (ARC) and to the Georgia Department of Community Affairs (DCA). This document has since been approved by the regional and State agencies and was adopted by resolution (No. 15-09-347) at the September 21, 2015 Milton City Council meeting. Upon the approval of the CIE as an amendment to the Milton 2030 Comprehensive Plan, the Mayor and City Council may consider the adoption of an Impact Fee Ordinance. During the review period of the CIE, the consultants prepared a draft Impact Fee Ordinance. This draft ordinance was reviewed by the city’s attorneys on August 11, 2015; was discussed with the Impact Fee Study Advisory Committee members on August 26, 2015, and with the council at the September 14, 2015 council work session. The public facility categories included in the proposed impact fee program are Parks, Open Space and Recreation Facilities; Roads, Streets and Bridges; and Public Safety. Upon the adoption of the Impact Fee Ordinance, the city of Milton may start collecting fees from new development that will fund impact fee eligible costs within the named public facility categories. Please note: Under Section 25-6 Exemptions. Specific language has been added to provide the Mayor and City Council the ability to allow for economic development exemptions. Also included is a proposed set of criteria which can be used as the basis for such a determination. Page 2 of 2 Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 08-11-2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Draft Impact Fee Ordinance (9/24/15) and draft ordinance to create Chapter 25. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO CREATE CHAPTER 25, “IMPACT FEES” 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 October 5, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Chapter 25 of the City of Milton Code of Ordinances 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 5th day of October, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk Milton Impact Fee Ordinance i IMPACT FEES Sec. 25-1. - Short title, authority, and applicability. ....................................................................... 1 (a) Short title. ...............................................................................................................................1 (b) Authority. ...............................................................................................................................1 (c) Applicability. ...........................................................................................................................1 Sec. 25-2. - Findings, purpose, and intent. ..................................................................................... 1 (a) Findings. .................................................................................................................................1 (b) Purpose...................................................................................................................................2 (c) Intent. .....................................................................................................................................2 Sec. 25-3. - Rules of construction and definitions. ......................................................................... 2 (a) Rules of construction. ............................................................................................................2 (b) Definitions. .............................................................................................................................3 Sec. 25-4. - Imposition of development impact fees. ..................................................................... 6 (a) Construction not subject to impact fees. ...............................................................................6 (b) Grandfathered projects. .........................................................................................................7 (c) Method of calculation. ...........................................................................................................7 (d) Service areas...........................................................................................................................8 Sec. 25-5. - Fee assessment and payment...................................................................................... 8 (a) Fee schedule. ..........................................................................................................................8 (b) Timing of assessment and payment. ......................................................................................8 (c) Individual assessment determinations. .................................................................................9 (d) Fee certification. ...................................................................................................................10 Sec. 25-6. - Exemptions. .............................................................................................................. 11 (a) Exemption policy. .................................................................................................................11 (b) Process for exemption approval. .........................................................................................11 (c) Exemption criteria. ...............................................................................................................11 (d) Reimbursement to impact fee fund. ....................................................................................12 Sec. 25-7. - Deposit and expenditure of fees. .............................................................................. 12 (a) Maintenance of funds. ................................................................................................ 131312 (b) Expenditures; restrictions. ...................................................................................................13 (c) Annual report. ......................................................................................................................13 Sec. 25-8. - Credits. .............................................................................................................. 141413 Milton Impact Fee Ordinance ii (a) Credits; restrictions. .............................................................................................................14 (b) Granting of credits................................................................................................................14 (c) Guidelines for credit valuation. ............................................................................................15 (d) Credits; application. .............................................................................................................15 (e) Credits; abandoned building permits. ......................................................................... 161615 Sec. 25-9. - Refunds. ................................................................................................................... 16 (a) Eligibility for a refund. ..........................................................................................................16 (b) Notice of entitlement to a refund. .......................................................................................16 (c) Filing a request for a refund. ................................................................................................16 (d) Payment of refunds. .............................................................................................................16 Sec. 25-10. - Private contractual agreements. ............................................................................. 17 (a) Private agreements; authorized. ..........................................................................................17 (b) Private agreements; provisions. ...........................................................................................17 (c) Private agreements; procedure. ..........................................................................................17 Sec. 25-11. - Periodic review and amendments. .......................................................................... 18 (a) Ordinance amendments. ......................................................................................................18 (b) Capital improvements element periodic review..................................................................18 (c) Continuation of validity. .......................................................................................................18 Sec. 25-12. - Administrative appeals. .......................................................................................... 19 (a) Eligibility to file an appeal. ...................................................................................................19 (b) Appeals process. ...................................................................................................................19 (c) Payment of impact fee during appeal. ........................................................................ 202019 Sec. 25-13. - Enforcement and penalties. .................................................................................... 20 (a) Enforcement authority. ........................................................................................................20 (b) Violations. .............................................................................................................................20 Sec. 25-14. - Repealer, severability, and effective date. ............................................................... 21 (a) Repeal of conflicting laws. ....................................................................................................21 (b) Severability. ..........................................................................................................................21 (c) Incorporation by reference of Georgia law. .........................................................................21 Attachment A: Impact Fee Schedule ........................................................................................... 22 Milton Impact Fee Ordinance 1 Chapter 25 - IMPACT FEES Sec. 25-1. - Short title, authority, and applicability. (a) Short title. This ordinance shall be known and may be cited as the “Development Impact Fee Ordinance of Milton, Georgia,” or the “Impact Fee Ordinance.” (b) Authority. This ordinance has been prepared and adopted by the City Council of Milton, Georgia, in accordance with the authority provided by Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia, the Georgia Development Impact Fee Act (O.C.G.A. 36-71-1 et seq. as amended), and such other laws as may apply to the provision of public facilities and the power to charge fees for such facilities. (c) Applicability. (1) The provisions of this ordinance shall not be construed to limit the power of Milton, Georgia, to use any other legal methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this ordinance. (2) This ordinance shall apply to all areas under the regulatory control and authority of Milton, Georgia, and such other areas as may be included by intergovernmental agreement. Sec. 25-2. - Findings, purpose, and intent. (a) Findings. The City Council of Milton, Georgia, finds and declares: (1) That an equitable program for planning and financing public facilities to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of Milton; and (2) That certain public facilities as herein defined have been and must be further expanded if new growth and development is to be accommodated at the same level of service available to existing development; and (3) That it is fair and equitable that new growth and development shall bear a proportionate share of the cost of such public facilities necessary to serve new growth and development. Milton Impact Fee Ordinance 2 (b) Purpose. (1) The purpose of this ordinance is to impose impact fees, as hereinafter set forth, for certain public facilities, as hereinafter defined. (2) It is also the purpose of this ordinance to ensure that adequate public facilities are available to serve new growth and development in Milton and to provide that new growth and development bears a proportionate share of the cost of new public facilities needed to serve them. (c) Intent. This ordinance is intended to implement and be consistent with the City of Milton 2030 Comprehensive Plan Community Agenda, as it has been adopted or may be amended in accord with the Georgia Comprehensive Planning Act (O.C.G.A. 50-8-1 et seq.); and the applicable Development Impact Fee Compliance Requirements, as adopted by the Georgia Board of Community Affairs and amended from time to time. Sec. 25-3. - Rules of construction and definitions. The provisions of this ordinance shall be construed so as to effectively carry out its purpose in the interest of the public health, safety, and general welfare of the citizens of Milton, Georgia. (a) Rules of construction. Unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance: (1) In the case of a conflict between words or phrases as used in this ordinance and as used in other codes, regulations or laws of the City, such difference shall not affect the meaning or implication of such words or phrases as used in this ordinance. (2) In the case of a conflict between the text of this ordinance and any caption, illustration, summary table or illustrative table, the text shall control. (3) The word “shall” is always mandatory and not discretionary; the word “may” is permissive. (4) Words used in the present tense shall include the future and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary. (5) The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other legal or similar entity. (6) The conjunction “and” indicates that all the connected terms, conditions, provisions, or events shall apply. (7) The conjunctions “or” and “and/or” indicate that the connected items, conditions, provisions, or events may apply singly or in any combination. Milton Impact Fee Ordinance 3 (8) The use of “either … or” indicates that the connected items, conditions, provisions, or events shall apply singly and not in combination. (9) The word “includes” or “including” and the phrase “such as” shall not limit a term to the specific example or examples given but are intended to extend its meaning to all other instances or circumstances of like kind or character. (10) The article, section, and paragraph headings and enumerations used in this ordinance are included solely for convenience and shall not affect the interpretation of this ordinance. (b) Definitions. As used in this ordinance, the following terms shall have the meaning set forth below. Administrator means the director of community development of Milton, Georgia, or the director’s designee, who is hereby charged with implementation and enforcement of this ordinance. Building permit means the document issued by the city authorizing the construction, repair, alteration of or addition to a structure, or authorizing the installation of a mobile home or recreational vehicle. For the purposes of this article, a building permit also means a change of use permit. Capital improvement means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility. Capital improvements element means that portion of the Milton comprehensive land use plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the City Council. City means the City of Milton, Georgia, a municipal corporation of the state of Georgia. City council means the City Council of Milton, Georgia. Commencement of construction, for private development, means initiation of physical construction activities as authorized by a development or building permit and leading to completion of a foundation inspection or other initial inspection and approval by a public official charged with such duties; and for public projects, means expenditure or encumbrance of any funds, whether they be development impact fee funds or not, for a public facilities project, or advertising of bids to undertake a public facilities project. Comprehensive plan means the Milton plan or planning elements as adopted or amended in accord with O.C.G.A. 50-8-1 et seq. and the applicable Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs. Day means a calendar day, unless otherwise specifically identified as a “work” day or other designation when used in the text. Developer means any person or legal entity undertaking development. Development means any action which creates demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; any Milton Impact Fee Ordinance 4 change in use of land, a building, or structure; or the connection of any building or structure to a public utility. Development approval means written authorization, such as issuance of a building permit, land disturbance permit or other approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction. Development impact fee means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve it. Development impact fee assessment means the determination of the amount of an impact fee due for issuance of a particular building permit. Development impact fee collection means the receipt by the city of the amount due for an impact fee assessed for a particular building permit. Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities designed for and limited to use as living quarters for one family. A dwelling unit may be a single-family detached home, an apartment or condominium in a multi-family structure, or a manufactured home. Encumber means to legally obligate by contract or otherwise commit to use by appropriation or other official act of the City Council. Excess capacity means that portion of the capacity of a public facility or system of public facilities which is beyond that necessary to provide adequate service to existing development at the adopted level-of-service standard. Family means one or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, or up to four unrelated persons, occupying a dwelling unit and living as a single housekeeping unit. The term “family” does not include persons occupying a rooming house, boarding house, lodging house, or a hotel. Fee assessment: see “Development impact fee; assessment”. Fee collection: see “Development impact fee; collection”. Feepayor means that person or entity who pays a development impact fee, or his or her legal successor in interest when the right or entitlement to any refund of previously paid development impact fees that are required by this ordinance has been expressly transferred or assigned to the successor in interest. Floor area means the total number of square feet of heated floor space within the exterior walls of a building. Also referred to as the “gross floor area”. Individual assessment determination means a finding by the administrator that an individual assessment study does or does not meet the requirements for such a study as established by this ordinance or, if the requirements are met, the fee calculated therefrom. Milton Impact Fee Ordinance 5 Individual assessment study means the engineering, financial, or economic documentation prepared by a feepayor or applicant to allow individual determination of a development impact fee other than by use of the applicable fee schedule. Level of service means a measure of the relationship between service capacity and service demand for specified public facilities as established by the City in terms of demand to capacity ratios or the comfort and convenience of use or service of such public facilities or both. Present value means the current value of past, present, or future payments, contributions, or dedications of goods, services, materials, construction, or money, as calculated using methods of financial analysis acceptable to the Administrator for determination of “net present value.” Project means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a building permit or other development approval, or for an interrelated collection of buildings and common public facilities such as a residential subdivision or an office park. Project improvements means site specific improvements or facilities that are planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only, and that are not “system” improvements. The character of the improvement shall control a determination of whether an improvement is a “project” improvement or a “system” improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a “project” improvement or a “system” improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the City shall be considered a project improvement. Property owner means that person or entity that holds legal title to property. Proportionate share means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project. Public facilities means: (a) parks, open space, and recreation areas and related facilities; and (b) public safety facilities, including police, fire and emergency medical and communications facilities; and (c) roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any other components of local, state or federal streets or highways. Service area means a geographically defined area as designated in the capital improvements element of the comprehensive plan in which a defined set of public facilities provide or are proposed to provide service to existing or future development. System improvement costs means costs incurred to provide public facilities capacity to serve new growth and development, including the costs of planning, design, engineering, construction, land acquisition, and land improvement for the construction or reconstruction of facility improvements or expansions. System improvement costs include the construction contract price, surveying and engineering fees, related land acquisition costs (including land purchases, court awards and costs, attorneys’ fees, and expert witness fees), and expenses incurred for qualified staff Milton Impact Fee Ordinance 6 or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvements element, and administrative costs of up to 3 percent of the total of all other system improvement costs. Projected interest charges and other finance costs may be included if the impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued to finance system improvements, but such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs. System improvements means capital improvements that are public facilities designed to provide service to more than one project or to the community at large, in contrast to “project” improvements. Unit of development means the standard incremental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit, square foot of floor area, motel room, etc. Unused or excess impact fee means any individual impact fee payment from which no amount of money or only a portion thereof has been encumbered or expended according to the requirements of this ordinance. Sec. 25-4. - Imposition of development impact fees. Any person who after the effective date of this ordinance engages in development shall pay a development impact fee in the manner and amount set forth in this ordinance. (a) Construction not subject to impact fees. (1) The following projects and construction activities do not constitute “development” as defined in this ordinance, and are therefore not subject to the imposition of impact fees: a. Rebuilding no more than the same number of units of development (as defined in this ordinance) that were removed by demolition, or destroyed by fire or other catastrophe, on the same lot or property. b. Remodeling or repairing a structure that does not result in an increase in the number of units of development. c. Replacing a residential housing unit with another housing unit on the same lot or property. d. Placing or replacing a manufactured home in a manufactured home park on a prepared manufactured home pad in existence and operation prior to the effective date of this ordinance. e. Placing a temporary construction or sales office on a lot during the period of construction or build-out of a development project. f. Constructing an addition to or expansion of a residential dwelling unit that may increase the floor area or number of rooms but does not increase the number of housing units. Milton Impact Fee Ordinance 7 g. Adding uses that are typically accessory to residential uses and intended for the personal use of the residents, such as a deck or patio, detached garage or utility shed, satellite antenna, pet enclosure, or private recreational facilities such as a swimming pool or tennis court. (2) A person claiming to be not subject to impact fees under Subsection (a)(1) of this Section, above, shall submit to the administrator information and documentation sufficient to permit the administrator to determine whether such claim is correct. (b) Grandfathered projects. (1) Notwithstanding any other provision of this ordinance, that portion of a project for which a valid building permit has been issued prior to the effective date of this ordinance shall not be subject to development impact fees so long as the permit remains valid and construction is commenced and is pursued according to the terms of the permit. (2) Any building for which a valid and complete application for a building permit has been received prior to the effective date of this ordinance may proceed without payment of fees otherwise imposed by this ordinance, provided that: a. all fees and development exactions in effect prior to the effective date of this ordinance shall be or have been paid in full; and, b. said construction shall be commenced, pursued and completed within the time established by the building permit, or within 180 days, whichever is later. (c) Method of calculation. (1) Any development impact fee imposed pursuant to this ordinance shall not exceed a project's proportionate share of the cost of system improvements, and shall be calculated on the basis of levels of service for public facilities that are the same for existing development as for new growth and development. (2) Notwithstanding anything to the contrary in this ordinance, the calculation of impact fees shall be net of credits for the present value of ad valorem taxes or other revenues as established in the capital improvements element, and which: a. are reasonably expected to be generated by new growth and development; and b. are reasonably expected on the basis of historical funding patterns to be made available to pay for system improvements of the same category for which an impact fee is imposed. (3) The method of calculating impact fees for public facilities under this ordinance shall be maintained for public inspection as a part of the official records of the City, and may be amended from time to time by official act. (4) In addition to the cost of new or expanded system improvements needed to be built to serve new development, the cost basis of a development impact fee may also include the proportionate cost of existing system improvements to the extent that such public Milton Impact Fee Ordinance 8 facilities have excess service capacity and new development will be served by such facilities, as established in the capital improvements element. (5) Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs, as set forth in the capital improvements element. (d) Service areas. The city limits of the City of Milton, Georgia, constitute a single service area for all public facilities subject to impact fees under this ordinance. Sec. 25-5. - Fee assessment and payment. (a) Fee schedule. (1) Payment of a development impact fee pursuant to the fee schedule attached hereto and incorporated herein as Attachment A, shall constitute full and complete payment of the project's proportionate share of system improvements as individually levied by the City, and shall be deemed to be in compliance with the requirements of this ordinance. (2) When a land development activity for which an application for a building permit has been made includes two or more buildings, structures or other land uses in any combination, including two or more uses within a building or structure other than a shopping center, the total development impact fee shall be the sum of the fees for each and every building, structure, or use, including each and every use within a building or structure. Shopping centers shall be assessed a single impact fee, in accordance with Attachment A, as a single use without regard to its individual tenants. (3) In the event that an applicant contends that the land use category of the proposed development is not shown on the fee schedule or fits within a different category, then: a. The administrator in his or her reasonable discretion shall make a determination as to the appropriate land use category and the appropriate development impact fee. b. In making such determination, the administrator may require such additional information from the applicant as necessary to form a logical fee determination relative to the land use categories shown on the adopted fee schedule. c. If the land use of the proposed development is not similar to a land use category shown on the adopted fee schedule, then an appropriate fee may be determined by the administrator as an individual assessment in accordance with the individual assessment determinations section of this ordinance. d. Appeals from the decision of the administrator shall be made to the City Council in accordance with the administrative appeals section of this ordinance. (b) Timing of assessment and payment. (1) Development impact fees shall be assessed at the time of application for a building permit. Milton Impact Fee Ordinance 9 (2) All development impact fees shall be collected no earlier than at the time of issuance of a building permit, and no later than as a prerequisite to issuance of an interior finishes permit or a certificate of occupancy for the building or building shell. (3) For projects not involving issuance of a building permit, all development impact fees shall be collected at the time of approval of the development permit or such other authorization to commence construction or to commence use of a property, whichever is earliest. (4) If the final use of a building cannot be determined at the time of the initial building permit, the administrator shall have the authority to assess a development impact fee based on the most likely use of the building, and shall adjust the fee in accordance with the following: a. Prior to the completion of the project, and as a condition to the issuance of an interior finishes permit or a certificate of occupancy, as applicable, the developer shall recertify in writing to the administrator the actual land use or uses of the project, and shall present an architect's certificate of the actual gross square footage of floor area attributable to each use. b. In the event that the actual land use or uses and/or the actual gross square footage applicable to the actual land use or uses differs from that originally certified, and in the event that the impact fee applicable to the actual land use or uses and/or gross square footage exceeds the impact fee previously paid, the developer shall be required to pay the amount of the excess as a condition to the issuance of an interior finishes permit or a certificate of occupancy. c. The amount of the excess shall be based upon the impact fee schedule in effect on the date the interior finishes permit or the certificate of occupancy is issued. d. If the actual gross square footage constructed after the issuance of the building permit is less than the amount originally certified, the developer shall be entitled to a refund of the excess portion of the fee in accordance with this ordinance. (5) Notwithstanding any other provision of this ordinance to the contrary, any future change in demand for public facilities in excess of the average demand anticipated at the time of issuance of the original building permit shall result in the assessment of such additional fee as would otherwise have been due. Future changes in demand may result from a change in the land use category of the occupant of the building or property, the expansion of a building or use on a property that results in an increase in the units of development (as defined herein), or the subsequent discovery of facts unknown or misrepresented at the time of issuance of the original building permit. (c) Individual assessment determinations. An individual assessment of development impact fees for a particular property or proposed use may be established as follows: (1) At their option, an applicant for development approval may petition the administrator for an individual assessment determination of development impact fees due for their project Milton Impact Fee Ordinance 10 in lieu of the fee established on the fee schedule attached hereto and incorporated herein as Attachment A. (2) In the event that an applicant elects an individual assessment, the applicant shall submit an individual assessment study. The individual assessment study shall: a. be based on relevant and credible information from an accepted standard source of engineering or planning data; or, b. be based on actual, relevant, and credible studies or surveys of facility demand conducted in the City or its region, carried out by qualified engineers or planners pursuant to accepted methodology. (3) The applicant shall provide any other written specifications as may be reasonably required by the administrator to substantiate the individual assessment determination. (4) The administrator in his or her reasonable discretion shall determine whether the content of an individual assessment study satisfies the requirements of this ordinance. A negative determination by the administrator may be appealed to the City Council in accordance with the administrative appeals section of this ordinance. (5) Any fee approved as an individual assessment determination shall have standing for 180 days following the date of approval. Payment of such an approved individual assessment determination shall constitute full and complete payment of the project's proportionate share of system improvements as individually levied by the City, and shall be deemed to be in compliance with the requirements of this ordinance. (d) Fee certification. Upon application to the administrator, a property owner or developer may receive a certification of the development impact fee schedule attached hereto and incorporated herein as Attachment A or a certified fee for a particular project, as applicable. (1) The administrator shall provide an applicant with a written certification of the impact fee schedule within 5 working days after the administrator’s receipt of a completed application. The fee schedule certified by the administrator shall establish the impact fee schedule for the proposed development activity for a period of 180 days from the date of certification. (2) The administrator shall provide the applicant with a written certification of an individual fee determination within 30 days after receipt of a completed application. The individual fee determination certified by the administrator shall establish the total impact fee for the proposed development activity for the 180 day period immediately following the date of such certification. (3) Notwithstanding the issuance of any certification of an individual fee determination, any additions to the proposed development activity different from the development activity identified in the original application shall negate any such certification. Milton Impact Fee Ordinance 11 Sec. 25-6. - Exemptions. (a) Exemption policy. The City Council recognizes that some office, retail trade, religious institutional and private educational development projects may provide extraordinary benefit in support of the economic and employment advancement of the City and the City’s citizens over and above the access to jobs, goods and services that such uses offer in general. To encourage such development projects, the Mayor and City Council may consider granting a reduction in the impact fee for such a development project upon the determination and relative to the extent that the business or projectdevelopment project represents extraordinary economic development and employment growth of public benefit to the City, in accordance with exemption criteria as adopted herein. It is also recognized that the cost of system improvements otherwise foregone through exemption of any impact fee must be funded through revenue sources other than impact fees. (b) Process for exemption approval. Reserved. An application for exemption shall be considered under the following procedures: (1) An application for exemption approval must be made to the administrator prior to or along with an application for the first building permit or other qualifying permit. Any exemptions not so applied for shall be deemed waived. (2) A building permit may be issued upon approval of an exemption, or may be issued without payment of applicable impact fees following receipt of a complete exemption application and pending its approval, but a certificate of occupancy shall not be issued until a decision regarding the exemption has been made, or until such time that the application for exemption is otherwise withdrawn by the applicant and payment of impact fees has been made. (3) Documentation must be provided to the administrator that demonstrates the applicant’s eligibility for an exemption. This documentation shall address, but need not be limited to, all applicable exemption criteria adopted herein. (4) The administrator in his or her reasonable discretion shall determine whether an application for exemption addresses the exemption criteria adopted by the City and is complete. A negative determination by the administrator may be appealed to the City Council in accordance with the administrative appeals section of this ordinance. (5) The City Council shall determine the eligibility for and extent of exemption, in accordance with the exemption criteria adopted herein. The application for exemption shall be placed on the agenda at the next regularly scheduled meeting of the City Council that falls at least two weeks after a complete application for exemption has been received by the administrator. Milton Impact Fee Ordinance 12 (c) Exemption criteria. Reserved. (1) A new construction or expansion project may be granted an exemption from applicable impact fees, in whole or in part, as deemed appropriate and in the public interest by the City Council. (2) The extent of the grant of exemption shall be based on the determination by the City Council of the extent to which the development project represents extraordinary economic development and employment growth of public benefit to the City. (3) In making its determination, the City Council shall consider relevant factors relating to the extraordinary nature of the development’s benefit to the City’s economic and employment advancement, including but not limited to the following: a. Investment: The total amount of new private capital investment in land, buildings and equipment related to the project; and the total capital investment in current facilities if the project expands an existing business in the City. b. Annual economic impact: The total annual amount of new wages, purchases and other expenditures that will be generated as a result of the project; and the total annual economic impact of current facilities if the project expands an existing business in the City. c. Job creation: 1. The total number of jobs created and/or retained as a result of the project. 2. The number of jobs created and/or retained paying at least 100% of the average wage for the City as established by the Georgia Department of Labor. 3. The number of jobs created and/or retained that are exempt managerial, professional or senior executive jobs. d. Such other factors of economic and employment benefit unique to the particular development project, as deemed relevant by the City Council. (d) Reimbursement to impact fee fund. It is recognized that the cost of system improvements otherwise foregone through exemption of any impact fee must be funded through revenue sources other than impact fees. As part of the annual budgeting process, adequate funds shall be identified and transferred to the impact fee fund accounts equal to the amount of all exemptions granted by the City Council during the preceding year. Sec. 25-7. - Deposit and expenditure of fees. The City shall comply with all applicable accounting requirements of O.C.G.A. § 36-71-8, which include the following: Formatted: Heading 5, None, Space Before: 0 pt, No bullets or numbering, Tab stops: Not at 0.35" Milton Impact Fee Ordinance 13 (a) Maintenance of funds. (1) All development impact fee funds collected for future expenditure on construction or expansion of facilities pursuant to this ordinance shall be maintained in one or more interest-bearing accounts until encumbered or expended. Restrictions on the investment of development impact fee funds shall be the same that apply to investment of all such funds generally. (2) Separate accounting records shall be maintained for each category of system improvements (fire protection, law enforcement, parks and recreation, and road improvements) and for administration fees collected. (3) Interest earned on development impact fees shall be allocated to each category of system improvements and the administration accounts in proportion to the impact fees collected, shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on the use of development impact fees under this ordinance. (b) Expenditures; restrictions. (1) Expenditures from the system improvements impact fee accounts shall be made only for the category of system improvements for which the development impact fee was assessed and collected. (2) Expenditures from the administration account may be expended directly for administrative purposes or transferred to the general fund to cover administrative costs. (3) Except as provided below, development impact fees shall not be expended for any purpose that does not involve building or expanding system improvements that create additional capacity available to serve new growth and development. (4) Notwithstanding anything to the contrary in this ordinance, the following shall be considered general revenue of the City, and may be expended accordingly: a. impact fees collected to recover the present value of excess capacity in existing system improvements; b. any portion of an impact fee collected as a repayment for expenditures made by the City for system improvements intended to be funded by such impact fee; and, c. any portion of the impact fee (but not to exceed three percent of the total) collected and allocated by the administrator for administration of the impact fee ordinance. (c) Annual report. (1) The administrator shall prepare an annual report to the City Council as part of the annual audit describing the amount of any development impact fees collected, encumbered, and used during the preceding fiscal year by category of public facility. (2) Such annual report shall be prepared following guidelines of the Georgia Department of Community Affairs (DCA), and submitted to DCA in conjunction with the annual update report of the City’s capital improvements element. Milton Impact Fee Ordinance 14 Sec. 25-8. - Credits. When eligible, feepayors shall be entitled to a credit against impact fees otherwise due and owing under the circumstances and in the manner set forth in this Section. (a) Credits; restrictions. (1) Except as provided in the following Paragraph (2), no credit shall be given for construction, contribution, or dedication of any system improvement or funds for system improvements made before the effective date of this ordinance. (2) If the value of any construction, dedication of land, or contribution of money made by a developer (or his or her predecessor in title or interest) prior to the effective date of this ordinance for system improvements that are included for impact fee funding in the capital improvements element, is greater than the impact fee that would otherwise have been paid for the project, then the developer shall be entitled to a credit for such excess construction, dedication, or funding. Notwithstanding anything to the contrary in this ordinance, any credit due under this section shall not constitute a liability of the City, and shall accrue to the developer to the extent of impact fees assessed for new development for the same category of system improvements. (3) In no event shall credit be given for project improvements as defined in this ordinance. (b) Granting of credits. (1) Credit shall be given for the present value of any construction of improvements, contribution or dedication of land, or payment of money by a developer or his or her predecessor in title or interest for system improvements of the same public facilities category for which a development impact fee is imposed, provided that: a. the system improvement is included for impact fee funding in the capital improvements element; b. the amount of the credit does not exceed the portion of the system improvement’s cost that is eligible for impact fee funding, as shown in the capital improvements element; and, c. the City Council shall have explicitly approved said improvement, contribution, dedication, or payment and the value thereof prior to its construction, dedication, or transfer. (2) The credit allowed pursuant to this section shall not exceed the impact fee due for any particular public facilities category for which a development impact fee is imposed, unless a greater credit is authorized under a private contractual agreement executed under the provisions of this ordinance. a. Any credit amount in excess of the impact fee due for any particular public facilities category may be carried over and applied to the impact fee due in the same public facilities category for another development by the developer, or to a successor in interest, within the City. Milton Impact Fee Ordinance 15 b. To qualify as a “successor in interest” for entitlement to a credit, notice must have been given to the administrator of a legal transfer or assignment of the right of entitlement to the credit, including the name, mailing address and written, notarized authorization of the grantor and the name and mailing address of the grantee. (c) Guidelines for credit valuation. Credits under this Section shall be valued using the following guidelines: (1) For the construction of any system improvements by a developer (as defined in this ordinance) or his or her predecessor in title or interest and accepted by the City, the developer must present evidence satisfactory to the administrator of the original cost of the improvement, from which present value may be calculated. (2) For any contribution or dedication of land for system improvements by a developer or his or her predecessor in title or interest and accepted by the City, the original value of the land shall be the same as that attributed to the property by the validated tax appraisal at the time of dedication, from which present value may be calculated. (3) For any contribution of capital equipment that qualifies as a system improvement by a developer or his or her predecessor in title or interest and accepted by the City, the value shall be the original cost to the developer of the capital equipment or the cost that the city would normally pay for such equipment, whichever is less. (4) For any contribution of money for system improvements from a developer or his or her predecessor in title or interest accepted by the City, the original value of the money shall be the same as that at the time of contribution, from which present value may be calculated. (5) In making a present value calculation, the discount rate used shall be the interest rate being earned on the City’s impact fee funds, and the average annual inflation rate shall be that for the Consumer Price Index (the CPI) for the cost of money, or the average rate reported by the Engineering News Record for construction in general (the CCI) or building construction specifically (the BCI), as appropriate. (d) Credits; application. (1) Credits shall be given only upon written application of the developer to the administrator. A developer must present written evidence satisfactory to the administrator at or before the time of development impact fee assessment. (2) The administrator, in his or her reasonable discretion, shall review all applications for credits and make determinations regarding the allowance of any claimed credit, and the value of any allowed credit. (3) Any credit approved by the administrator shall be acknowledged in writing by the administrator and calculated at the time of impact fee assessment. (4) Appeals from the decision of the administrator shall be made to the City Council in accordance with the Administrative Appeals Section of this ordinance. Milton Impact Fee Ordinance 16 (e) Credits; abandoned building permits. (1) In the event that an impact fee is paid but the building permit is abandoned, credit shall be given for the present value of the impact fee against future impact fees for the same parcel of land. (2) A building permit shall be deemed abandoned if no construction has been commenced prior to the expiration of the building permit. Sec. 25-9. - Refunds. (a) Eligibility for a refund. (1) Upon the written request of a feepayor regarding a property on which a development impact fee has been paid, the development impact fee shall be refunded if: a. capacity is available in the public facilities for which the fee was collected but service is permanently denied; or, b. the development impact fee has not been encumbered or construction has not been commenced within six years after the date the fee was collected. (2) In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis. (b) Notice of entitlement to a refund. When the right to a refund exists due to a failure to spend or encumber the development impact fees, the administrator shall provide written notice of entitlement to a refund to the feepayor who paid the development impact fee at the address shown on the application for development approval or to a successor in interest who has given adequate notice to the administrator of a legal transfer or assignment of the right to entitlement to a refund and who has provided a mailing address. Such notice shall also be published in a newspaper of general circulation in the City within 30 days after the expiration of the six year period after the date that the development impact fee was collected and shall contain a heading “Notice of Entitlement to Development Impact Fee Refund.” No refund shall be made for a period of 30 days from the date of said publication. (c) Filing a request for a refund. A request for a refund shall be made in writing to the administrator within one year of the time the refund becomes payable or within one year of publication of the notice of entitlement to a refund, whichever is later. Failure to make a claim for a refund within said time period shall result in a waiver of all claims to said funds. (d) Payment of refunds. (1) All refunds shall be made to the feepayor within 60 days after it is determined by the administrator that a sufficient proof of claim for refund has been made, but no sooner than 30 days after publication of the notice of entitlement to the refund. Milton Impact Fee Ordinance 17 (2) A refund shall include a refund of a pro rata share of interest actually earned on the unused or excess impact fee collected. (3) In no event shall a feepayor be entitled to a refund for impact fees assessed and paid to recover the cost of excess capacity in existing system improvements, for any portion of an impact fee collected as a repayment for expenditures made by the City for system improvements intended to be funded by such impact fee, or for that portion of the fee payment that was assessed for administration of the impact fee ordinance or for recovery of the cost of preparation of the capital improvements element. Sec. 25-10. - Private contractual agreements. (a) Private agreements; authorized. Nothing in this ordinance shall prohibit the voluntary mutual approval of a private contractual agreement between the City and any developer or property owner or group of developers and/or property owners in regard to the construction or installation of system improvements and providing for credits for such system improvement costs so incurred, provided that: (1) The system improvements are included for impact fee funding in the capital improvements element; and, (2) The amount of any credit granted shall not exceed the portion of the system improvement’s cost that is eligible for impact fee funding. (b) Private agreements; provisions. A private contractual agreement for system improvements may include, but shall not be limited to, provisions that: (1) Modify the estimates of impact on public facilities according to the methods and provisions concerning the calculation of impact fees, provided that any such agreement shall allow the city to assess additional development impact fees after the completion of construction according to schedules set forth in this ordinance. (2) Permit construction of, dedication of property for, or other in-kind contribution for specific public facilities of the type for which development impact fees would be imposed in lieu of or with a credit against applicable development impact fees. (3) Permit a schedule and method of payment appropriate to particular and unique circumstances of a proposed project in lieu of the requirements for payment under this ordinance, provided that acceptable security is posted ensuring payment of the development impact fees. Forms of security that may be acceptable include a cash bond, irrevocable letter of credit from a bank authorized to do business within the state of Georgia, a surety bond, or lien or mortgage on lands to be covered by the building permit. (c) Private agreements; procedure. (1) Any private agreement proposed by an applicant pursuant to this Section shall be submitted to the administrator for review and negotiation, prior to submission to the City Council. Milton Impact Fee Ordinance 18 (2) Any private agreement proposed by an applicant pursuant to this Section shall be reviewed and approved by the city attorney as to form and sufficiency prior to consideration by the City Council. (3) Any such agreement must be presented to and approved by the City Council prior to the issuance of the first building permit or other qualifying permit. (4) Any such agreement shall be executed or approved by mortgagees, lien holders or contract purchasers in addition to the landowner, and shall require the applicant to submit such agreement to the clerk of superior court for recording on the deed records. Sec. 25-11. - Periodic review and amendments. (a) Ordinance amendments. This ordinance may be amended from time to time as deemed appropriate or desirable. (b) Capital improvements element periodic review. (1) Annual update. At least once each year, the City Council shall review and may update the capital improvements element so as to maintain, at a minimum, a schedule of system improvements for each of the subsequent five years. The capital improvements element update may include changes in funding sources or project costs, or changes in the list or scheduling of projects. The capital improvements element Update shall be submitted to the Atlanta Regional Commission for their review, in accordance with the Development Impact Fee Compliance Requirements as adopted by the Board of Community Affairs of the State of Georgia. (2) Amendment. In conducting a periodic review of the capital improvements element and calculation of development impact fees, the City Council may determine to amend the capital improvements element. Amendments to the capital improvements element shall comply with the procedural requirements of the Development Impact Fee Compliance Requirements as adopted by the Board of Community Affairs of the State of Georgia, and shall be required for any change to the capital improvements element that would: a. redefine growth projections, land development assumptions, or goals or objectives that would affect system improvements proposed in the capital improvements element; b. add new public facility categories for impact fee funding, modify impact fee service areas or make changes to system improvement projects; c. change service levels established for an existing impact fee service area; or d. make any other revisions needed to keep the capital improvements element up to date. (c) Continuation of validity. Failure of the City Council to undertake a periodic review of the capital improvements element shall result in the continued use and application of the latest adopted development impact fee Milton Impact Fee Ordinance 19 schedule; project listings, including estimated costs and impact eligibility percentages; and data upon which the level of service standards and impact fee calculations are based. The failure to periodically review such data shall not invalidate this ordinance. Sec. 25-12. - Administrative appeals. (a) Eligibility to file an appeal. Only applicants or feepayors who have already been assessed an impact fee by the city or who have already received a written determination of individual assessment, refund or credit amount shall be entitled to an appeal. Such appeals may address: (1) The imposition and/or the amount of an impact fee. (2) The entitlement to and/or the amount of credits applicable to an impact fee. (3) The entitlement to and/or the amount of a refund of an impact fee. (b) Appeals process. (1) The aggrieved applicant or feepayor (hereinafter, the “appellant”) must file a written appeal with the administrator within 15 days of the decision or written determination from which the appeal is taken. (2) Such written appeal shall constitute an application for relief, shall be of sufficient content to set forth the basis for the appeal and the relief sought, and shall include: a. the name and address of the appellant; b. the location of the affected property; and, c. a copy of any applicable written decision or determination made by the administrator (from which the appeal is taken). (3) Within 15 days after receipt of the appeal, the administrator shall make a written final decision with respect to the appeal, such decision to be of sufficient content to set forth the basis for the determination. The final decision shall be mailed or electronically transferred to the appellant at the address listed in the appeal. (4) Appeals from the final decision of the administrator shall be made to the City Council within 30 days of the administrator's final decision. (5) The City Council shall thereafter consider the appeal at a regularly scheduled meeting within 30 days provided that at least 2 weeks written notice of the meeting can be given to the appellant. The City Council shall decide the issue within a reasonable time following the meeting, but in no case later than its next regular meeting, unless the appellant agrees to an extension to a later date. Any party making an appeal shall have the right to appear at the meeting to present evidence and may be represented by counsel. Milton Impact Fee Ordinance 20 (c) Payment of impact fee during appeal. (1) The filing of an appeal shall not stay the collection of a development impact fee as a condition to the issuance of development approval. (2) A developer may pay a development impact fee under protest to obtain a development approval, and by making such payment shall not be estopped from exercising this right of appeal or receiving a refund of any amount deemed to have been collected in excess. Sec. 25-13. - Enforcement and penalties. (a) Enforcement authority. (1) The enforcement of this ordinance shall be the responsibility of the administrator and such personnel as the administrator may designate from time to time. (2) The administrator shall have the right to inspect the lands affected by this ordinance and shall have the right to issue a written notice, a stop work order or citation for violations, as the administrator in his or her reasonable determination may deem appropriate to the circumstances. Refusal of written notice of violation, stop work order or citation under this ordinance shall constitute legal notice of service. The citation shall be in the form of a written official notice issued in person or by certified mail to the owner of the property, or to his or her agent, or to the person performing the work giving rise to such violation. The receipt of a citation shall require that corrective action be taken within 30 days unless otherwise extended at the discretion of the administrator. (3) The administrator may suspend or revoke any building permit or withhold the issuance of other development approvals if the provisions of this ordinance have been violated by the developer or the owner or their assigns. (b) Violations. (1) Knowingly furnishing false information on any matter relating to the administration of this ordinance shall constitute a violation. (2) Proceeding with construction of a project that is not consistent with the project’s impact fee assessment, such as the use category claimed or units of development indicated, shall constitute a violation. (3) Failure to take corrective action following the receipt of a citation shall constitute a violation. (4) A violation of this ordinance shall be a misdemeanor punishable according to law, including the general penalty provisions of the City’s Code of Ordinances. In addition to or in lieu of criminal prosecution, the City Council shall have the power to sue in law or equity for relief in civil court to enforce this ordinance, including recourse to such civil and criminal remedies in law and equity as may be necessary to ensure compliance with the provisions of this ordinance, including but not limited to injunctive relief to enjoin and restrain any person from violating the provisions of this ordinance and to recover such damages as may be incurred by the implementation of specific corrective actions. Milton Impact Fee Ordinance 21 Sec. 25-14. - Repealer, severability, and effective date. (a) Repeal of conflicting laws. Any and all other ordinances, resolutions or regulations, or parts thereof, in conflict with this ordinance are hereby repealed to the extent of such conflict. Where this ordinance overlaps with other ordinances or regulations adopted by the City Council, whichever imposes the more stringent restrictions shall prevail. (b) Severability. If any sentence, clause, part, paragraph, section, or provision of this ordinance is declared by a court of competent jurisdiction to be invalid, the validity of the ordinance as a whole or any other part hereof shall not be affected. (c) Incorporation by reference of Georgia law. It is the intent of the City Council that this development impact fee ordinance of Milton, Georgia, complies with the terms and provisions of the Georgia Development Impact Fee Act (O.C.G.A. 36-71-1 et seq. as amended). To the extent that any provision of this ordinance is inconsistent with the provisions of said Chapter 36-71, the latter shall control. Furthermore, to the extent that this ordinance is silent as to any provision of said Chapter 36-71 that is otherwise made mandatory by said Chapter 36-71, such provision shall control and shall be binding upon the city. Milton Impact Fee Ordinance 22 Attachment A: Impact Fee Schedule ITE Code Land Use Category Parks & Recreation Fire Protection Law Enforcement Roads Subtotal Adminis- tration (3%) TOTAL IMPACT FEE Residential 210 Single-Family Detached Housing 6,215.10 543.57 94.86 678.36 7,531.89$ 225.96 7,757.85$ per dwelling 220 Apartment 6,215.10 543.57 94.86 678.36 7,531.89$ 225.96 7,757.85$ per dwelling 230 Residential Condominium/Townhouse 6,215.10 543.57 94.86 678.36 7,531.89$ 225.96 7,757.85$ per dwelling Port and Terminal 030 Truck Terminal -0.29 0.05 0.56 0.90$ 0.03 0.93$ per square foot Industrial 110 General Light Industrial -0.47 0.08 0.40 0.95$ 0.03 0.98$ per square foot 120 General Heavy Industrial -0.38 0.07 0.09 0.53$ 0.02 0.54$ per square foot 140 Manufacturing -0.37 0.06 0.22 0.65$ 0.02 0.67$ per square foot 150 Warehousing -0.19 0.03 0.20 0.42$ 0.01 0.44$ per square foot 151 Mini-Warehouse -0.02 0.00 0.14 0.16$ 0.00 0.17$ per square foot 152 High-Cube Warehouse -0.02 0.00 0.10 0.11$ 0.00 0.12$ per square foot Lodging 310 Hotel -116.89 20.40 506.01 643.29$ 19.30 662.59$ per room 311 All Suites Hotel -102.58 17.90 303.48 423.96$ 12.72 436.68$ per room 320 Motel -90.17 15.73 348.69 454.60$ 13.64 468.23$ per room Recreational 430 Golf Course -50.39 8.79 265.33 324.51$ 9.74 334.25$ per acre 437 Bowling Alley -0.21 0.04 1.75 2.00$ 0.06 2.06$ per square foot 443 Movie Theater -0.30 0.05 4.11 4.46$ 0.13 4.60$ per square foot 460 Arena -683.80 119.33 1,754.65 2,557.77$ 76.73 2,634.50$ per acre 480 Amusement Park -1,865.90 325.61 3,988.36 6,179.86$ 185.40 6,365.26$ per acre 490 Tennis Courts -50.04 8.73 856.00 914.77$ 27.44 942.21$ per acre 491 Racquet/Tennis Club -0.06 0.01 0.74 0.81$ 0.02 0.84$ per square foot 492 Health/Fitness Center 0.14 0.03 1.73 1.90$ 0.06 1.96$ per square foot 495 Recreational Community Center -0.25 0.04 1.78 2.08$ 0.06 2.14$ per square foot Institutional 520 Private Elementary School -0.20 0.04 0.76 1.00$ 0.03 1.03$ per square foot 530 Private High School -0.13 0.02 0.68 0.84$ 0.03 0.86$ per square foot 560 Church/Synagogue -0.07 0.01 0.51 0.59$ 0.02 0.61$ per square foot 565 Day Care Center -0.58 0.10 0.49 1.17$ 0.04 1.20$ per square foot 566 Cemetery -16.71 2.92 263.66 283.28$ 8.50 291.78$ per acre Medical 610 Hospital -0.60 0.11 0.63 1.34$ 0.04 1.38$ per square foot 620 Nursing Home -0.48 0.08 0.35 0.91$ 0.03 0.94$ per square foot 630 Clinic -0.81 0.14 1.50 2.45$ 0.07 2.52$ per square foot Office 710 General Office Building -0.68 0.12 0.63 1.43$ 0.04 1.47$ per square foot 714 Corporate Headquarters Building -0.70 0.12 0.45 1.28$ 0.04 1.32$ per square foot 715 Single-Tenant Office Building -0.65 0.11 0.66 1.42$ 0.04 1.47$ per square foot 720 Medical-Dental Office Building -0.83 0.15 2.06 3.04$ 0.09 3.13$ per square foot 760 Research and Development Center -0.60 0.10 0.46 1.17$ 0.04 1.20$ per square foot 770 Business Park Building -0.63 0.11 0.71 1.45$ 0.04 1.49$ per square foot Unit of Measure Milton Impact Fee Ordinance 23 Impact Fee Schedule continued ITE Code Land Use Category Parks & Recreation Fire Protection Law Enforcement Roads Subtotal Adminis- tration (3%) TOTAL IMPACT FEE Retail 812 Building Materials and Lumber Store -0.29 0.05 2.27 2.60$ 0.08 2.68$ per square foot 813 Free-Standing Discount Superstore -0.20 0.03 2.36 2.59$ 0.08 2.67$ per square foot 814 Variety Store -0.20 0.03 1.94 2.17$ 0.07 2.24$ per square foot 815 Free-Standing Discount Store -0.41 0.07 2.16 2.64$ 0.08 2.72$ per square foot 816 Hardware/Paint Store -0.20 0.03 1.27 1.50$ 0.05 1.55$ per square foot 817 Nursery (Garden Center)-0.64 0.11 3.42 4.17$ 0.13 4.29$ per square foot 818 Nursery (Wholesale)-0.34 0.06 1.96 2.36$ 0.07 2.43$ per square foot 820 Shopping Center -0.34 0.06 1.99 2.40$ 0.07 2.47$ per square foot 823 Factory Outlet Center -0.34 0.06 1.33 1.74$ 0.05 1.79$ per square foot 826 Specialty Retail Center 0.41 0.07 2.22 2.70$ 0.08 2.78$ per square foot 841 Automobile Sales -0.31 0.05 1.58 1.95$ 0.06 2.01$ per square foot 843 Auto Parts Store -0.20 0.03 1.69 1.92$ 0.06 1.98$ per square foot 848 Tire Store -0.26 0.05 1.03 1.34$ 0.04 1.38$ per square foot 849 Tire Superstore -0.26 0.05 1.05 1.36$ 0.04 1.40$ per square foot 850 Supermarket -0.24 0.04 2.72 3.00$ 0.09 3.09$ per square foot 851 Convenience Market (Open 24 Hours)-0.37 0.06 9.14 9.58$ 0.29 9.86$ per square foot 853 Convenience Market with Gasoline Pumps -0.37 0.06 8.38 8.81$ 0.26 9.08$ per square foot 854 Discount Supermarket 0.46 0.08 2.93 3.47$ 0.10 3.57$ per square foot 860 Wholesale Market -0.17 0.03 0.25 0.45$ 0.01 0.47$ per square foot 857 Discount Club -0.27 0.05 1.58 1.89$ 0.06 1.95$ per square foot 862 Home Improvement Superstore -0.20 0.03 0.59 0.82$ 0.02 0.85$ per square foot 863 Electronics Superstore -0.20 0.03 0.75 0.98$ 0.03 1.01$ per square foot 876 Apparel Store -0.34 0.06 2.02 2.42$ 0.07 2.49$ per square foot 875 Department Store 0.41 0.07 0.69 1.17$ 0.04 1.21$ per square foot 880 Pharmacy/Drugstore -0.34 0.06 2.23 2.63$ 0.08 2.71$ per square foot 890 Furniture Store -0.09 0.01 0.06 0.16$ 0.00 0.17$ per square foot Services 912 Drive-in Bank -0.98 0.17 2.02 3.17$ 0.10 3.27$ per square foot 931 Quality Restaurant -1.53 0.27 2.12 3.91$ 0.12 4.03$ per square foot 932 High-Turnover (Sit-Down) Restauant -1.53 0.27 2.99 4.79$ 0.14 4.93$ per square foot 934 Fast-Food Restaurant -2.24 0.39 8.30 10.92$ 0.33 11.25$ per square foot 941 Quick Lubrication Vehicle Shop -430.84 75.18 2,056.24 2,562.26$ 76.87 2,639.12$ per service bay 944 Gasoline/Service Station 32.83 5.73 2,087.95 2,126.50$ 63.80 2,190.30$ per pump 945 Gasoline Station w/Convenience Market -0.04 0.01 1,411.45 1,411.50$ 42.34 1,453.84$ per pump 947 Self-Service Car Wash -41.03 7.16 2,675.59 2,723.78$ 81.71 2,805.49$ per stall NOTES:"ITE Code" means the land use code assigned in the Trip Generation manual published by the Institute of Transportation Engineers, 9th Edition. "Square foot" means square foot of gross building floor area. All figures shown rounded to nearest whole cent. Unit of Measure HOME OF'HE BEST QUALITY OF JFE IN GEORGIA' I LTONIIIN ESTABLISFIFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 25, 2015 FROM: City Manager AGENDA ITEM: Administrative Hearing Regarding the Possible Suspension or Revocation of the Alcohol License for C.C.E. Group, Inc., d/b/a Montana's Bar & Grill Located at 13695 Highway 9, Milton, Georgia 30004. MEETING DATE: Monday, October 5, 2015 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: Od YES O NO CITY ATTORNEY REVIEW REQUIRED: *YES () NO APPROVAL BY CITY ATTORNEY (k) APPROVED O NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS ®*Your*** PHONE: 678.242.25001 PAX: 578.242.2499 0 " GI'E'ell info@cityofmilfonga.us i www.cityofmilfonga.usMMU y (hi 11 13000 Deerfield Parkway, Suite 107 Milton GA 30004 'a` September 3, 2015 C.C.E. Group, Inc. Attn: Christopher C. Eubank 13695 Highway 9 Milton, GA 30004 Re: Notice of Hearing before the Milton City Council where your alcohol license may be suspended or revoked Dear Mr. Eubank: Information has been made available to the City of Milton that your business has failed to renew its business license. The failure to secure and maintain a current business license constitutes a violation of the City of Milton Alcohol Code, specifically Section 12-22. The Milton Alcohol Code provides that an issued alcohol license may be subject to suspension or revocation upon due cause, which under the Code means the violation of any laws or ordinances regulating the business and the violation of any local…law. Sec. 4-122 (a)(1) and (2). A failure to secure and maintain a current business license constitutes a violation of both of the above sections. Also, the Milton Alcohol Code provides that sufficient grounds shall exist to immediately suspend or revoke a license if a “licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license.” Sec. 4-122(e)(6). Securing and maintaining a current business license is a general qualification applicable to the initial issuance of a license. In accord with Sec. 4-122(d), please accept this correspondence as your 10-day notification that a hearing will be conducted before the Milton City Council on September 21, 2015 at 6 p.m. at Milton City Hall, 13000 Deerfield Parkway, Suite 107, Milton, Georgia, for the purpose of determining whether suspension or revocation of your alcohol license is warranted under the Alcohol Code. The statement of charges is that your establishment failed to maintain a current business license, which is a requirement related to the general qualifications applicable to the initial issuance of a license as set forth in this chapter. You will be afforded an opportunity to address the Council with respect to the charges identified in this letter. Please be advised that you are strongly encouraged to attend this hearing. Failure to attend the hearing will result in your having no opportunity to address the Council regarding the statement of charges set forth above. Please govern yourself accordingly. Respectfully, Chris Lagerbloom City Manager