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Home My WebLink AboutAgenda Packet CC - 01/23/2019 - City Council Meeting Agenda Packet 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Wednesday, January 23, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Rich Austin 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-009) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 23, 2019 Page 2 of 4 6) CONSENT AGENDA 1. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Kensley Phase II Revision LL 1048 & 1049 Webb Road Final Plat Revision 44 Lots 8.44 5.21 Lots / acre (Agenda Item No. 19-010) (Paraq Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Recognition of Marty Littleton for his Service to the City of Milton’s Design Review Board. (Mayor Joe Lockwood) 2. Recognition of Carter Lucas for his Service to the City of Milton as the Assistant City Manager. (Mayor Joe Lockwood) 8) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt an Amendment to the Fiscal 2019 Budget for the Purchase of Two Fire Department Apparatus. (Agenda Item No. 19-011) (Bernadette Harvill, Finance Director) 9) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt an Amendment to the Fiscal 2019 Budget for the Purchase of Two Fire Department Apparatus. (Agenda Item No. 19-011) (First Presentation at January 23, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 23, 2019 Page 3 of 4 PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to He Ru, LLC, d/b/a Flippin Pizza – Milton, 5230 Windward Parkway, Suite105, Milton, Georgia 30004. (Agenda Item No. 19-012) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA 1. Consideration of RZ18-14/VC18-09 - 3475, 3485, 3495, 3499, & 3501 Bethany Bend by Bajun American Properties to rezone from TR and AG-1 to TR to develop 54 residential units (condominium) at a density of 6.38 units per acre and a 3 part concurrent variance to 1) delete the 75 foot undisturbed buffer and 10 foot improvement setback and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) 2) to delete requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64-1095 (o)) and 3) to delete requirement for 25% brick, tile, and remaining materials listed (Sec 64-1095 (p)). (Agenda Item No. 19-006) (First Presentation at January 7, 2019 City Council Meeting) (Paraq Agrawal, Community Development Director) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Revise Chapter 32, Section 32-114 (Prohibition on Sale, Manufacture, Use, Delivery, Purchase, Possession or Distribution of Unregulated Marijuana Substitutes and Opiate Substitutes). (Agenda Item No. 18-339) (First Presentation at December 17, 2018 City Council Meeting) (Rich Austin, Police Chief) 12) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for the 2019 Municipal Elections. (Agenda Item No. 19-013) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 23, 2019 Page 4 of 4 2. Consideration of a Resolution Appointing a Member to the City of Milton’s Design Review Board for District 1/Post 1. (Agenda Item No. 19-014) (Mayor Joe Lockwood) 3. Consideration of a Resolution Appointing a Member to the City of Milton’s Design Review Board At-Large. (Agenda Item No. 19-015) (Mayor Joe Lockwood) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Finance 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-016) NtILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 16, 2019 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of Subdivision Plat MEETING DATE: Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,VNO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: 0;1-c'6 2006 Heritage Walk Milton, GA () NOT APPROVED P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us pal To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on January 16, 2019 for the January 23, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Kensley Phase II Final Plat Revision described herein consists of 44 lots that have been previously platted on 8.44 acres along Webb Road. The purpose of this plat revision is to correct secondary side setbacks on lots 59,69, and 73. The revision also includes a minor shift in property lines resulting in revised areas for lots 37 through 40. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 7 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Kensley Phase II Revision LL 1048 & 1049 Webb Road Final Plat Revision 44 Lots 8.44 5.21 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 7 Consent Agenda Plats Staff Memo Page 4 of 7 Consent Agenda Plats Staff Memo Page 5 of 7 Consent Agenda Plats Staff Memo Page 6 of 7 Consent Agenda Plats Staff Memo Page 7 of 7 MILTON�h AGENDA ITEM: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 15, 2019 Steven Krokoff, City Manager er Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt an Amendment to the Fiscal 2019 Budget for the Purchase of Two Fire Department Apparatus. MEETING DATE: Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: ' 17-5) 2�.`") () NOT APPROVED (.ANO („ ANO (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 15, 2019 for First Presentation on the January 23, 2019 Regular City Council Meeting and Unfinished Business for the February 4, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt an Amendment to the Fiscal 2019 Budget for the Purchase of Two Fire Department Apparatus. ____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Fire Department has been presented with an opportunity to save $91,810.00 on the purchase of two apparatus. The attached budget amendment will provide the necessary budget in FY2019 in order to make the pre-payment required to obtain the savings. The money transferred in FY2019 will be reduced in the FY2020 request for the Vehicle Replacement Reserve account in the Fire Department. Funding and Fiscal Impact: This request is to shift the pay-as-you-go funding strategy between the Vehicle Replacement Reserve and SCBA Replacement accounts by one year and to utilize $63,877 of contingency funds that will be reduced from the FY2020 budget request. Alternatives: Fund one unit now and forego the opportunity to realize the savings for the two-unit purchase. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Budget Amendment Proposed Budget Amendments Fiscal Year 2019 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Vehicle Replacement Reserve 300-3510-542202000 1,419,901 250,042 1,669,943 Increase to account for cost to pre-pay two replacement apparatus SCBA Replacement 300-3510-542507103 186,165 (186,165) - Decrease to transfer funds to Vehicle Replacement Reserve (Fire) Contingencies/Unallocated 300-9000-579100000 164,048 (63,877) 100,171 Decrease to transfer funds to Vehicle Replacement Reserve (Fire) TOTAL EXPENDITURES $ - Total Revenues Over/(Under) Expenditures -$ CAPITAL PROJECTS FUND Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2019 BUDGET TO ADDRESS THE FUNDING OF TWO FIRE DEPARTMENT APPARATUS BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on February 4, 2019 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2019 budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2019 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2019 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 4th day of February, 2019. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ _________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 11, 2019 Steven Krokoff, City Manager Y� AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to He Ru, LLC, d/b/a Flippin Pizza - Milton, 5230 Windward Parkway, Suite] 05, Milton, Georgia 30004. MEETING DATE: Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (..APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ) YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: :,' 1 1,3) 7CO (J NOT APPROVED (,Y'NO (^0 (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on December 28, 2018 for the January 23, 2019 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to He Ru, LLC, d/b/a Flippin Pizza – Milton, 5230 Windward Parkway, Suite105, Milton, Georgia 30004 __________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for He Ru, LLC. d/b/a Flippin Pizza – Milton, for consumption on premises of Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: He Ru, LLC, d/b/a Flippin Pizza – Milton Contact Name: Umang S. Patel Business Address: 5230 Windward Parkway, Suite105, Milton, Georgia 30004 Type of License: Consumption on Premises – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Carter Lucas, Assistant City Manager MILTON* ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: January 11, 2019 Steven Krokoff, City Manager Consideration of RZ18-14/VC18-09 - 3475, 3485, 3495, 3499, & 3501 Bethany Bend by Bajun American Properties to rezone from TR and AG -1 to TR to develop 54 residential units (condominium) at a density of 6.38 units per acre and a 3 part concurrent variance to 1) delete the 75 foot undisturbed buffer and 10 foot improvement setback and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) 2) to delete requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64-1095 (o)) and 3) to delete requirement for 25% brick, tile, and remaining materials listed (Sec 64-1095 (p)). Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( APPROVED (J NOT APPROVED �IiB) LY CITY ATTORNEY APPROVAL REQUIRED: (1 -YES (J NO CITY ATTORNEY REVIEW REQUIRED: (-f-YES () NO APPROVAL BY CITY ATTORNEY: WAPPROVED (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 1 of 25 R/A RZ08-08/U08-04 Z18-14/VC18-09 PROPERTY INFORMATION ADDRESS 3501, 3499, 3495, 3485, 3475 Bethany Bend DISTRICT, LAND LOTS 2/2 971 and 972 OVERLAY DISTRICT State Route 9 EXISTING ZONING TR (Townhouse Residential) and AG-1 (Agricultural) PROPOSED ZONING TR (Townhouse Residential) ACRES 8.46 EXISTING USE Four single family residences PROPOSED USE 54 Townhomes PETITIONER Bajun American Properties L.P. – Korey Jones ADDRESS 282 S. Main Street Unit A Alpharetta, GA 30009 REPRESENTATIVE AEC, INC. ADDRESS 50 Warms Springs Circle Roswell, GA 30072 INTENT To rezone from TR and AG-1 to TR to develop 54 residential units (condominium) at a density of 6.38 units per acre and a 3 part concurrent variance to 1) delete the 75 foot undisturbed buffer and 10 foot improvement setback and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) 2) to delete requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64- 1095 (o)) and 3) to delete requirement for 25% brick, tile, and remaining materials listed for accent materials (Sec 64-1095 (p)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 2 of 25 R/A RZ08-08/U08-04 COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 19, 2018 RZ18-14 – APPROVAL CONDITIONAL VC18-09 – PART 1 – APPROVAL CONDITIONAL VC18-09- PART 2 AND 3 - DENIAL PLANNING COMMISSION RECOMMENDATION – DECEMBER 19, 2018 RZ18-14 – APPROVAL CONDITIONAL – 5-1 VC18-09 – PART 1 – APPROVAL CONDITIONAL – 5-1 VC18-09- PART 2 AND 3 – DENIAL - 5-1 The Planning Commission recommended to approve the requested rezoning, Part 1 of the concurrent variance to reduce the buffer as requested and to deny Parts 2 and 3 in regard to the materials for the buildings based on the fact that more specific design/and type of material should be provided. The Planning Commission also requested that the applicant provide additional public parking within the development. Overall, the Planning Commission was in support of the proposed rezoning, reduction of buffer and overall density and design of the project. COMMUNITY DEVELOPMENT RECOMMENDATION – JANUARY 23, 2019 RZ18-14 – DEFERRAL TO FEBRUARY 27, 2019 PLANNING COMMISSION VC18-09 – PARTS 1, 2 & 3 – DEFERRAL TO FEBRUARY 27, 2019 PLANNING COMMISSION This recommendation is based on the fact that additional project information was discovered after the December 19, 2018 Planning Commission and the Staff presentation to the Planning Commission was not totally accurate. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 3 of 25 R/A RZ08-08/U08-04 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 4 of 25 R/A RZ08-08/U08-04 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 5 of 25 R/A RZ08-08/U08-04 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 6 of 25 R/A RZ08-08/U08-04 SITE PLAN SUBMITTED ON OCTOBER 30, 2018 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 7 of 25 R/A RZ08-08/U08-04 REVISED SITE PLAN SUBMITTED ON JANUARY 16, 2019 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 8 of 25 R/A RZ08-08/U08-04 LANDSCAPE BUFFER PLAN Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 9 of 25 R/A RZ08-08/U08-04 SUBJECT SITE: The subject site contains 8.46 acres and is developed with four single family residences. A portion of the overall site, 4.94 acres had previously been rezoned to TR (Townhouse Residential) and a Use Permit for Senior Living at a density of 19.84 units per acre pursuant to RZ08-08 and U08-04. In addition, pursuant to RZ14-15, the applicant requested a rezoning from AG-1 and TR to TR to develop 76 townhomes on 10.17 acres which contained the current subject site. The applicant requested a withdrawal which was approved by the Mayor and City Council on April 27, 2015. The City of Milton Comprehensive Plan Update 2016 designates the subject site as MFR (Multi-Family Residential) and HDR-2 (High Density Residential) which allows 5 units per acre or more. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 30, 2018 Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL) Development Standards Proposed Development Building Height: SR 9 Overlay District requirement prevails which is a maximum of two stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave. The applicant has agreed to meet this height standard. b. Minimum lot area or land area per unit shall be 2,000 square feet. Yes, Condominium c. Maximum density shall be nine units per gross acre 6.38 units per acre d. Minimum lot width shall be 25 feet No individual lots/Condominium e. Minimum TR development frontage shall be 150 feet 1,247 feet f. Minimum heated floor area per unit shall be 1,800 square feet. 1,800 square feet g. Minimum perimeter setbacks for the entire TR development shall be as follows: (1) Minimum front yard: 20 feet. (2) Minimum side yard. a. Adjacent to interior line: 30 feet. b. Adjacent to street: 20 feet. (3) Minimum rear yard: 35 feet. Meets all the perimeter setbacks Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 10 of 25 R/A RZ08-08/U08-04 Development Standards Proposed Development h. (1)Minimum front yard: 20 feet from right- of-way. (2) Minimum side yard. a. Seven feet adjacent to interior lot line, except that up to a seven-foot encroachment and maintenance easement may be provided on adjacent parcels, in combination with or in lieu of a side yard, such that a minimum building separation of 14 feet is maintained. b. Zero if units are attached, for example, townhouses on separate lots of record. c. Adjacent to street: 15 feet. (3) Minimum rear yard: 25 feet Meets the requirements. Development will be sold as condominiums. i. Minimum accessory structure requirements. Accessory structures may be located within the side or rear yards only but not within minimum perimeter setbacks or minimum yards. Meets this requirement. j. Required open space or recreational facilities. (1) For developments with more than 50 units, a minimum of 1,000 square feet per unit of open space or recreational facilities shall be required within the development. (2) For developments with 50 or less units, a minimum of 750 square feet per unit of open space or recreational facilities shall be required within the development. Meets the standard. The site requires 54,000 square feet of open space. The site plan provides 62,508 square feet. k. Minimum building separation when more than one building per lot. All building separations shall be as specified by the city's building code. Meets this requirement. l. Other minimum standards shall be as follows: (1) No more than eight dwelling units shall form a single building. (2) Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwellings within a single building shall have the same front setback or roof line. (3) A minimum of 80 percent of any common wall shall be contiguous with each adjoining unit. (4) When units are located on property adjacent to an exterior street: a. Shall provide rear loaded vehicular access and b. The front façade shall face the exterior street of the development. (5) Each unit shall provide two off-street parking spaces Meets this requirement. Meets this requirement. Meets this requirement. Meets these requirements. Provides 2 car garages. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 11 of 25 R/A RZ08-08/U08-04 within the principle structure. Staff notes that the site plan shows a variety of unit sizes, grouping size, and architectural design. The majority of larger and wider units are adjacent to Bethany Bend and the smaller units are toward the back of the property. All of the units are rear loaded for vehicles and the site is designed with no dead ends. The site provides for a large green/open space with walking trails on the southern portion of the site as well as preserving three specimen size oaks. Dispersed within the development are smaller greens for the use of the residents. Based on all the requirements noted above, the site plan indicates compliance with the development standards for TR (Townhouse Residential). STATE ROUTE 9 OVERLAY DISTRICT Townhouse developments are required to meet the State Route 9 Overlay District standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. The site plan indicates compliance with these standards with the exception of the following concurrent variances discussed below: CONCURRENT VARIANCE REQUESTS A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) The requirement for the 75 foot undisturbed buffer and 10 foot improvement setback was adopted by the City Council on April 28, 2008. The applicant submitted his rezoning request on July 1, 2008. At the time of application and approval of RZ08-08 for the 2 story, 98 unit senior housing development, a concurrent variance for the above requirement was required but not requested Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 12 of 25 R/A RZ08-08/U08-04 because Staff had not identified the change to the 75 foot undisturbed buffer and 10 foot improvement setback. The applicant is requesting the above described concurrent variance. The homes impacted the most by the requested reduction of buffer are the 12 single family homes within the Hidden Forest subdivision. Staff notes that to access these single family homes, property owners must drive through the townhome portion of Hidden Forest which contain 106 townhomes. The side setback for the detached single family homes within Hidden Forest is 7 feet with a required 14 foot separation between homes. The actual separation between homes range from 14 feet to 16 feet. The applicant has stated that they will install a fence along the abutting property lines to Hidden Forest and provide a landscape plan to help ameliorate the impact of the proposed development. On the site plan there are areas adjacent to units 48, 45 and 44 through 40 where there is additional room to increase the landscape buffer to 35 feet. Staff also notes that along the property line, there are various green/open spaces that can be designed in such a way as to provide additional screening/space between the proposed townhomes and the existing homes within Hidden Forest. In addition, the proposed 54 units at an overall density of 6.38 is consis tent with the 2016 Comprehensive Plan Update and compatible with the residential properties to the west and northwest. Based on these facts, Staff’s recommendation is that if this request is granted, it would not offend the spirit or intent of this zoning ordinance. The site is comprised of six parcels of various sizes and shapes that create an 8.46 acre parcel that is narrow, odd shaped and contains approximately 1.4 acres of flood plain on the site. The applicant’s site plan from the 2008 rezoning showed a 2-story building on the southern portion of the site adjacent to the now developed Milton Montessori which was outside the flood plain but since 2008, updated flood maps indicate that a portion of this previously “buildable” area is now in the flood plain. Based on this information, the amount of land that can be developed on has been reduced. There are proposed trails within the wetlands on the southern portion of the site that encroach into the required 75 foot undisturbed buffer and 10 foot improvement setback. Staff recommends that the trails be removed from this area to help preserve the buffer in this area adjacent to the single family homes on the southern portion of the Hidden Forest cul -de- sac. Therefore, it is Staff’s recommendation that because of these facts, there are extraordinary and exceptional situations or conditions pertaining to this piece of property that the literal or strict application of the zoning ordinance creates an unnecessary hardship due to size, shape and the floodplain not caused by the applicant. Relief would not cause a substantial detriment to the public good and surrounding properties and that the public safety, health and welfare are secured, and substantial justice is done if approved with the following conditions to require a fence adjacent to Hidden Forest based on, an increased landscape buffer adjacent to the above-mentioned lots, an agreed landscape plan with Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 13 of 25 R/A RZ08-08/U08-04 abutting property owners. Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-09 PART 1. Parts 2 and 3: To delete the requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64-1095 (o)) and to delete the requirement for 25% brick, tile, and remaining materials listed for accent materials (Sec 64-1095 (p)). Pursuant to Sec. 64-1095 (o) requires 75% per vertical wall plane of brick or natural stone and Sec. 64-1095 (p) for accent materials 25% of brick, tile and other materials for accent materials. The applicant is requesting relief from the required building materials for townhomes. The subject site is located within the SR 9 Overlay District which includes parcels on Bethany Bend going north toward SR 9 which is the only area left in this area of Deerfield and SR 9 not included in the Deerfield Form Based Code (FBC) approved by the City Council in 2015. The applicant is requesting the above two part concurrent variance in order to design the townhomes with a less heavy look of the predominately brick and stone that is required by the SR 9 Overlay District. Below are sketches that demonstrate the intent of the look as well as the massing and form. The applicant’s architect has worked closely with the City Architect to achieve the most appealing and updated design for the area. The applicant intends to incorporate some brick and stone in the design of the townhomes but does not intend to utilize the 75% required per vertical wall plane or 25% required for accent materials. The City Architect continues to work with the applicant to provide more detailed designs/elevations of the materials for the buildings. Below are street view sketches of the site that show the building form, massing and architectural detail of the buildings. Although, the applicant has provided good design for the project and worked with the City Architect but does not meet all four of the considerations when evaluating a variance. It is Staff’s recommendation that they have demonstrated the following considerations: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The applicant has not demonstrated the following consideration. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Therefore, Staff recommends DENIAL of VC18- 09, Parts 2 and 3. If the Mayor and City Council recommends approval of Part 2 and 3, Staff recommends that all architecture be approved by the City Architect prior to submittal to the Design Review Board. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 14 of 25 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 15 of 25 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 16 of 25 R/A RZ08-08/U08-04 ENVIRONMENTAL SITE ANALYSIS The applicant has submitted the Environmental Site Analysis which indicates that there are wetlands, floodplain (does not show complete area that it covers), a stream and associated stream buffer on the site. There are no steep slopes exceeding 25 percent over a 10 foot rise, or any endangered wildlife species or historical sites on the property. ARBORIST COMMENTS The proposed rezoning will be subject to the tree preservation ordinance including recompense and tree density requirements. The applicant has included a tree survey that was conducted in 2007. A new tree survey will be required to adequately review how the proposed development will impact the trees on the site. CITY OF MILTON FIRE MARSHAL Roads shall be minimum 26 feet from back of curb to back of curb or if less, shall be posted no parking signs and curb painted red. TRANSPORTATION ENGINEER A traffic memo has been requested to evaluate access and peak hour modeling of proposed roundabout operations. The conditions should not change based on the submittal of this information. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 17 of 25 R/A RZ08-08/U08-04 CITY ENGINEER The site plan does not show the all of the flood plain that is within the development. PUBLIC INVOLVEMENT CZIM Meeting – November 27, 2018 The applicant was present and there were eleven members of the community in attendance. The following issues were raised by the community: • Increased traffic • Architecture should be consistent with other homes on Bethany Bend • Concern with separation between existing homes in Hidden Forest Subdivision. Need to make sure there is some type of protection from car lights entering the subdivision. • Parking for guests. • Issues with the future round a bout. • Disturbance of existing wildlife and vegetation. Design Review Board Meeting – December 4, 2018 • Liked the proposed development and design of the buildings. • Supported the requested architectural variances for the building material and noted that the requirement for brick does need to be cleaned up. • Work with the Hidden Forest HOA to decide on a fence that is compatible for both properties. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Saturday, October 13, 2018 at the Hampton Inn Meeting Room located at 16785 Old Morris Road. There were 20 people in attendance. The attendees’ issues and concerns were 1) the reduction in the buffer to surrounding residents and 2) when the traffic circle adjacent to the site would be completed (Forsyth County). 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 18 of 25 R/A RZ08-08/U08-04 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 54 residential units comprising of duplexes, triplexes and quadplexes developed at a density of 6.38 units per acre is consistent and provides for a transition from lower density to higher density with adjacent and nearby properties. To the west and south is Hidden Forest Subdivision developed with primarily townhomes and some single family detached homes at a density of 4.99 units per acre; Spring Valley Townhomes to the northwest is developed at 7.86 units per acre; Windcrest Park Townhomes further to the northwest is developed at 6.76 units per acre. To the east within Forsyth County is a mixed use development zoned MPD that contains apartments, single family homes and future commercial . Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 19 of 25 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 20 of 25 R/A RZ08-08/U08-04 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East (Forsyth County) 1 ZA3282 MPD (Master Plan Development) Deerfield Township 164 acres with no more than 983 residential units and 250,000 square feet of commercial area with 1,000 parking spaces South 2 RZ18-06/ U18-01 O-I (Office-Institutional) Conditional and Use Permit for Private School Milton Montessori School 3,287 sq. ft./acre Existing structure and new 9,500 sq.ft. building Further South 3 T-5 Limited IMT Deerfield 12 units/acre 3 stories Further South 4 T-5 Limited Fairview Townhomes 6.25/acre South and West 5 RZ02-105 TR (Townhouse Residential) Conditional Hidden Forest 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached Northwest 6 Z99-136 TR (Townhouse Residential) Conditional Spring Valley 7.86 units/acre 2 stories 1,200 sq. ft. Further Northwest 7 RZ97-115 TR (Townhouse Residential) Conditional Windcrest Park 6.76 units/acre 1,500 sq. ft. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect the existing use or usability of the adjacent properties as described above if approved with the Recommended Conditions. The proposed development is within the range of existing approved densities and uses in the area. 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 use currently zoned AG-1 (Agricultural) for single family residential and TR (Townhouse Residential) with a Use Permit for senior housing. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 21 of 25 R/A RZ08-08/U08-04 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? The proposed development may have some impact on existing streets, transportation facilities and schools. The roundabout that is under construction at the entrance of the project as well as the additional entrance on the northern portion of the site will help ameliorate the increase in traffic in and out of the subject site. All three schools will be impacted by the proposed development. This area is currently zoned for Cambridge High, Hopewell Middle, and Cogburn Woods Elementary and all schools are currently over building capacity and the project will increase the number over capacity as indicated in the Development Impact Statement below. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 22 of 25 R/A RZ08-08/U08-04 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: MFR (Multi Family Residential) and HDR-2 (High Density Residential) 5 units per acre or more Proposed use/density: Townhomes at 6.38 units per acre/Consistent The proposed development is in conformity with the following plan policies (objectives): • Accommodate our diverse population by encouraging a compatible mixture of housing types, densities and costs within the City. • Encourage development of housing opportunities that enable residents to have easier access to commercial services and employment opportunities. • Encourage housing policies, choices and patterns that increase opportunities for people to move into affordable owner-occupied housing. • 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? Since the last approval for a Senior Housing Use Permit in 2008 at a density of 19.84 units per acre, the applicant has included additional acreage, but the amount of flood plain has increased on the site. The proposed density is 6.48 units per acre which is a significant decrease from the existing approved zoning. In addition, there is a mixed use development under construction on the east side of Bethany Bend in Forsyth County which includes apartments, single family homes, and future commercial uses directly across the street from the site. Lastly, there is a roundabout under construction which will serve as the primary entrance and exit for the development. Therefore, it is Staff’s opinion that these changed conditions affect the use and development of the property which supports the recommended approval of the proposed rezoning. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 23 of 25 R/A RZ08-08/U08-04 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and open space requirements. CONCLUSION It is Staff’s opinion that the proposed rezoning from TR (Townhouse Residential) and AG-1 (Agricultural) to TR (Townhouse Residential) to develop 54 townhomes is consistent with the 2016 Future Land Use Plan Update and Plan Policies as well as providing an appropriate transition from lower density to higher densities to the north and east. Staff recommends DEFERRAL of RZ18-14 and VC18-09 to the February 27, 2019 Planning Commission Meeting to allow the Planning Commission to hear the additional project information that was not presented at their December 19, 2018 Planning Commission Meeting. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 24 of 25 R/A RZ08-08/U08-04 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Townhouse attached dwellings and accessory uses and structures. b) No more than 54 total dwelling units at a maximum density of 6.38 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the site plan received by the Community Development Department on October 30, 2018, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the petition. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019) 1/18/2019 Page 25 of 25 R/A RZ08-08/U08-04 3) To the owner’s agreement to the following site development considerations: a) Provide a 20 foot landscape buffer adjacent to property zoned TR (Townhouse Residential) (Hidden Forest Subdivision) and provide a 35 foot landscape buffer where no alley is shown on the site plan adjacent to property zoned TR (Townhouse Residential) and a 50 foot undisturbed stream buffer adjacent to property zoned TR (Townhouse Residential) (Hidden Forest Subdivision). Design and plant selection shall be approved by the City Arborist. (VC18-09, Part 1) b) Provide a fence along the property line abutting single family residential structures within Hidden Forest Subdivision as approved by the Design Review Board. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide sidewalks internal to development and along entire Bethany Bend frontage connecting to existing infrastructure on adjacent parcels as required and approved by City of Milton Department of Public Works. Page 1 of 6 ORDINANCE NO._______ PETITION NO. RZ18-14/VC18-09 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM TR (TOWNHOUSE RESIDENTIAL) AND AG-1 (AGRICULTURAL) TO TR (TOWNHOUSE RESIDENTIAL) FOR 54 RESIDENTIAL UNITS ON 8.46 ACRES LOCATED AT 3501, 3499, 3495 3485, AND 3475 BETHANY BEND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 23, 2019 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located on Bethany Bend consisting of a total of approximately 8.46 acres as described in the attached legal description attached hereto as Exhibit A, be approved for 54 residential units zoned TR (Townhouse Residential) with conditions; and SECTION 2. That the residential development in the attached conditions of approval, be approved subject to the provisions in Article VI, Division 13, 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, as Exhibit B provided that any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. 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 ; 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 23rd day of January, 2019. Page 2 of 6 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 6 EXHIBIT A Page 4 of 6 EXHIBIT B 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Townhouse attached dwellings and accessory uses and structures. b) No more than 54 total dwelling units at a maximum density of 6.38 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the site plan received by the Community Development Department on October 30, 2018, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the petition. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: Page 5 of 6 a) Provide a 20 foot landscape buffer adjacent to property zoned TR (Townhouse Residential) (Hidden Forest Subdivision) and provide a 35 foot landscape buffer where no alley is shown on the site plan adjacent to property zoned TR (Townhouse Residential) and a 50 foot undisturbed stream buffer adjacent to property zoned TR (Townhouse Residential) (Hidden Forest Subdivision). Design and plant selection shall be approved by the City Arborist. (VC18-09, Part 1) b) Provide a fence along the property line abutting single family residential structures within Hidden Forest Subdivision as approved by the Design Review Board. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide sidewalks internal to development and along entire Bethany Bend frontage connecting to existing infrastructure on adjacent parcels as required and approved by City of Milton Department of Public Works. Page 6 of 6 SITE PLAN SUBMTITED ON OCTOBER 30, 2018 TO: FROM: MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: January 11, 2019 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Revise Chapter 32, Section 32-114 (Prohibition on sale, manufacture, use, delivery, purchase, possession or distribution of unregulated marijuana substitutes and Opiate Substitutes). MEETING DATE: Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( �'ES () NO CITY ATTORNEY REVIEW REQUIRED: (,RYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C"' ) 2'31zuiCj 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Page 1 of 2 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on December 12, 2018 for the December 17, 2018 and January 23, 2019 Regular City Council Meetings Agenda Item: Consideration of an Ordinance to Revise Chapter 32, Section 32- 114 (Prohibition on Sale, Manufacture, Use, Delivery, Purchase, Possession or Distribution of Unregulated Marijuana Substitutes and Opiate Substitutes.) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This is an update to Chapter 32 of the City of Milton Ordinances. This update adds the offense of Prohibition on the Sale, Manufacture, Use, Delivery, Purchase, Possession or Distribution of Unregulated Marijuana Substitutes. Recently in our area, the use of marijuana substitutes has caused several of our city’s teens the need to seek urgent medical attention after ingestion. Though currently legal, these largely unregulated products, typically sold in convenience stores or vapor cigarette shops, contain ingredients that are known to be harmful. On July 19, 2018, the United States Food and Drug Administration (FDA) issued a warning related to these products. According the FDA: “There are a number of synthetic marijuana products being illegally marketed and used for their psychoactive effects. The FDA has previously worked with the Drug Enforcement Administration (DEA) to place several synthetic cannabinoids into Schedule I of the Controlled Substances Act to avoid an imminent hazard to public safety. Generally, these products have been known to be associated with adverse effects including rapid heart rate, vomiting, violent behavior and suicidal thoughts, and an increase in blood pressure, as well as causing reduced blood supply to the heart, kidney damage, and seizures. ( Retrieved from http://www.fda.gov/newsevents/ newsroom/pressannouncements/ucm614027.htm. Page 2 of 2 While, as the warning states, some of these products have been made illegal, manufacturers are known to frequently alter the ingredients minimally in order to circumvent governmental restrictions. The purpose of this ordinance change is to improve the general health, safety and welfare of our citizens by reducing the availability of any and all unregulated marijuana substitutes within our city. Funding and Fiscal Impact: None Alternatives: Do not prohibit the sale, use, manufacture, delivery, distribution, or possession of unregulated synthetic marijuana products within the city. Legal Review: Molly Esswein, Jarrard and Davis, November 16, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision 1 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE CHAPTER 32, SECTION 32-114 – PROHIBITION ON SALE, MANUFACTURE, USE, DELIVERY, PURCHASE, POSSESSION OR DISTRIBUTION OF UNREGULATED MARIJUANA SUBSTITUTES AND OPIATE SUBSTITUTES The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the day 7th of January, 2019 at 6:00 p.m., as follows: SECTION 1. Pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to provide for the general health, safety, and welfare; and, SECTION 2. The City desires to update Section 32-114 – Prohibition on Sale, Manufacture, Use, Delivery, Purchase, Possession or Distribution of Unregulated Marijuana Substitutes; and SECTION 3. Pursuant to that authorization in Chapter 32 of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as Exhibit A. SECTION 4. All ordinances, parts of ordinances, or regulations in conflict herewith are Repealed; and SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this 7th day of January, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk 2 EXHIBIT A DIVISION 5. - MISCELLANEOUS VIOLATIONS Sec. 32-108. - Treasure hunts. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Treasure hunt. (1) The term "treasure hunt" means advertising campaigns conducted for the purpose of promoting the sale of any merchandise, commodity or service of any business or profession conducted for private or corporate gain, whereby some article, thing or token is hidden within the corporate city limits and clues as to the locations of such article, thing or token are given by any form of advertising, either by newspaper, radio or television or in any other manner. (2) The term "treasure hunt" does not include private social parties involving no element of commerce or gain. (b) Prohibited. It shall be unlawful for any person to conduct or aid and abet in the conducting of any treasure hunt within the corporate city limits. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 5), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 5), 4- 19-2007) Sec. 32-109. - Moving household goods at night. It shall be unlawful for any person to move or transport household goods and furnishings fro m one place of residence to another between the hours of sunset and sunrise without first having obtained a permit to do so from the police chief. All applications for permits shall be filed more than 24 hours prior to the time of actual moving, together with the permit fee as specified in the city fee schedule. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 6), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 6), 4- 19-2007) Sec. 32-110. - Residential picketing. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Picket or picketing means: (1) To patrol or station oneself at a residence, bearing some insignia or sign designed to persuade or protest; (2) Staging a public or private protest of any kind; (3) Obstructing passage to or from a residence; or (4) Promoting a strike or a boycott at an individual residence. (b) Prohibited. It shall be unlawful for any person to picket or engage in picketing upon, before or about the private residence or home of any individual. 3 (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 7), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 7), 4- 19-2007) State Law reference— Unlawful assembly, O.C.G.A. § 16-11-33; inciting to riot, O.C.G.A. § 16- 11-31. Sec. 32-111. - False representations to police or any city department. It shall be unlawful for any person, knowingly and willfully and with intent thereby to mislead, either on such person's own behalf or on behalf of others, as principal or as agent, to make or file orally or in writing any false representations of fact to any city police officer or to any department of the city government. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 8), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 8), 4- 19-2007) Sec. 32-112. - Day labor prohibitions. It shall be unlawful for any person to: (1) Pick up or hire day laborers on private property without the permission of the property owner; or (2) Assemble on private property for the purpose of soliciting work as a day laborer without the permission of the property owner and after having been directed to cease such action by the property owner or other lawful authority. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 9), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 9), 4- 19-2007) Sec. 32-114. - Prohibition on the sale, manufacture, use, delivery, purchase, possession or distribution of unregulated marijuana substitutes. (a) Definitions. The following words as used in this section shall have the following prescribed meaning: (1)Unregulated marijuana substitutes shall mean and refer to any compounds or substances, whether described as tobacco herbs, incense spice, aromatherapy incense, bath salts, potpourri, herbal smoking blends, plant food, aromatic substance that may cause a sense of euphoria, novelty aromatic, or any blend thereof, regardless of whether the compound or substance is marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human consumption, that: a. Is not currently or hereinafter regulated as a Schedule 1 controlled substance under Georgia law, (including but not limited to the following Georgia laws: O.C.G.A. § 16-13- 25, any amendments to O.C.G.A. § 16-13-25 including the 2012 Act of the Georgia General Assembly known as "Chase's Law", and the emergency rule of the Georgia State Board of Pharmacy enacted on June 12, 2012 declaring five specific additional compounds as "synthetic cannabinoids" that are Schedule 1 controlled substances under Georgia law); b. Is privately compounded, with the specific intent to circumvent the criminal penalties for synthetic cannabinoids under Georgia law; and c. Emulate, simulate or mimic the effects of marijuana or synthetic cannabinoids through chemical changes such as the addition, subtraction or rearranging of a radical or the addition, subtraction or rearranging of a substituent. (2) Unregulated opiate substitutes shall mean and refer to any compound or substance, whether synthetic or naturally occurring, regardless of whether the compound or substance is marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human consumption, that: a. Is not currently or hereinafter regulated as a Schedule 1 controlled substance under Georgia law (including, but not limited to, O.C.G.A. § 16-13-25 and any amendments to O.C.G.A. § 16-13-25); b. Is marketed with the specific intent to circumvent the criminal penalties for opiates under Georgia law; and c. Emulates, simulates or mimics the effects of opiates by causing a sense of euphoria, heightened senses, relaxation, awareness, focused energy, improved memory, mood alteration or enhancement or hallucinogenic effect when taken at various doses. (3) Opiate shall mean and refer to that term as it is defined in O.C.G.A. § 16-13-21, including those substances that are specifically listed and identified as Schedule 1 controlled substances under 5 O.C.G.A. § 16-13-25(1) and 16-13-25(2), any amendments thereto, or any other Code Section of the Official Code of Georgia. (4) Synthetic cannabinoids shall mean and refer to those certain compounds or substances (also commonly known or referred to in general as "Spice" or "K2") that mimic, emulate or simulate the effects of marijuana or the active ingredient in marijuana (Tetrahydrocannabinol) that are specifically listed and identified as Schedule 1 controlled substances under O.C.G.A. §§ 16-13- 25(3) and 16-13-25(12), any amendments thereto, or any other Code Section of the Official Code of Georgia. (5) Substituent shall mean an atom or group that replaces another atom or group in a molecule. (6) Radical shall mean and refer to a group of atoms that enters into and goes out of chemical combination without change and that forms one of the fundamental constituents of a molecule. (7) Person shall mean and refer to any individual, natural person, partnership, firm, corporation, joint venture, proprietorship, business entity, association, agency, group, organization or group of persons or any other entity. (b) It shall be unlawful for any person to use, sell, give, manufacture with intent to sell, possess, purchase, deliver, transport or distribute any unregulated marijuana substitutes or any unregulated opiate substitutes within the limits of the City of Milton. (c) Any person violating this section as it exists or may be amended, upon conviction, shall be punished by the imposition of a fine not to exceed $1,000.00, by imprisonment for a period of time not to exceed 60 days, or by both such fine and imprisonment. Each day any violation of this section shall continue shall constitute a separate offense. (d) A person convicted of violating this section is also subject to the revocation of the privilege of operating a business within the limits of the City of Milton. Secs. 32-115—32-131. - Reserved. MILTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 11, 2019 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for the 2019 Municipal Elections. MEETING DATE: Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: Q YES () NO CITY ATTORNEY REVIEW REQUIRED: (,vYES () NO APPROVAL BY CITY ATTORNEY: (k/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 12j)Zu`') 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 ff info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on January 10, 2019 for the January 23, 2019 Regular Council Meeting Agenda Item: Consideration of a Resolution to Set Qualifying Fees for the 2019 Municipal Elections ___________________________________________________________________________ Department Recommendation: Approve the Resolution to Set Qualifying Fees for the 2019 Municipal Elections. Executive Summary: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. Funding and Fiscal Impact: In compliance with its Charter, the City of Milton will be holding elections for Council Seats for District 1/Post 2, District 2/Post 2, and District 3/Post 2 in 2019. Georgia Election Code Section 21-2-131(a)(1)(A) provides that qualifying fees shall be fixed not later than February 1st of any year in which a general election is to be held, and State law provides that such fees shall be three percent of the total gross salary of the office paid in the preceding year if a salaried office, including all supplements authorized by law. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held on November 5, 2019: City Councilmember: $390.00. A copy of the Resolution shall be published in the City’s legal organ following its adoption. Alternatives: N/A Legal Review: Sam VanVolkenburgh, Jarrard & Davis (January 10, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections CITY OF MILTON NOTICE OF OPENING AND CLOSING DATES FOR CANDIDATES TO QUALIFY FOR MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2019 Any qualified elector desiring to run for one of the three (3) City Council positions, namely: Council Member District 1/Post 2; Council Member District 2/Post 2; or Councilmember District 3/Post 2 for election on November 5, 2019, must file for candidacy for the desired position with the City Clerk, at City Hall located at 2006 Heritage Walk, Milton, Georgia 30004 from 8:30 a.m. to 4:30 p.m., Tuesday through Thursday, during the period of August 20 through August 22, 2019. Qualifying fee for candidacy is as follows: For City Council: $390.00 City Clerk Sudie AM Gordon Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. FULTON COUNTY RESOLUTION OF THE CITY OF MILTON, GEORGIA TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS WHEREAS, such Code provides at § 21-2-131(a)(1)(A) that qualifying fees shall be fixed no later than February 1 of any year in which a general election is to be held; and WHEREAS, State law provides that such fees shall be three percent (3%) of the total gross salary of the office paid in the preceding year of a salaried office, including all supplements authorized by law; and WHEREAS, in compliance with its Charter, the City of Milton will be holding elections for Council Seats for District 1/Post 2, District 2/Post 2, and District 3/Post 2 in 2019; and WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried positions; NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to their authority do hereby adopt a Resolution as follows: 1. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held November 5, 2019: City Councilmember - $390.00 2. Let a copy of this Resolution be published in the City’s legal organ following its adoption. Page 2 of 2 The above Resolution was read and approved by the Mayor and Council of the City of Milton on the 23rd day of January 2019. ______________________________ Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk MILTON'* ESTABLISHED 2006 TO: FROM: AGENDA ITEM MEETING DATE CITY COUNCIL AGENDA ITEM City Council DATE: January 17, 2019 Steven Krokoff, City Manager 0) Consideration of a Resolution Appointing a Member to the City of Milton's Design Review Board for District 1 /Post 1. Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.�`NO CITY ATTORNEY REVIEW REQUIRED: ( ) YES (-rN' O APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: & ,' z 3 ! 7 .) 2006 Heritage Walk Milton, GA 0000 () NOT APPROVED P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON DESIGN REVIEW BOARD FOR DISTRICT 1/POST 1. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 23, 2019 at 6:00 p.m. as follows: SECTION 1. That _________ (District 1/Post 1) is hereby appointed commencing January 23, 2019 and ending on December 31, 2021; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 23rd day of January 2019. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk MILTON* ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: January 17, 2019 Steven Krokoff, City Manager 9) Consideration of a Resolution Appointing a Member to the City of Milton's Design Review Board At -Large. Wednesday, January 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (440 CITY ATTORNEY REVIEW REQUIRED: () YES (AO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: &; I z312`i ) 2006 Heritage Walk Milton, GA 0000 () NOT APPROVED P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON DESIGN REVIEW BOARD AT LARGE. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 23, 2019 at 6:00 p.m. as follows: SECTION 1. That _________ (At-Large) is hereby appointed commencing January 23, 2019 and ending on December 31, 2021; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 23rd day of January 2019. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk