HomeMy WebLinkAboutAgenda Packet CC - 04/10/2017 - 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
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, April 10, 2017 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. 17-080)
4) PUBLIC COMMENT
MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 10, 2017
Page 2 of 4
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
5) CONSENT AGENDA
1. Approval of the March 6, 2017 Regular City Council Meeting Minutes.
(Agenda Item No. 17-081) (Sudie Gordon, City Clerk)
2. Approval of the March 20, 2017 Regular City Council Meeting Minutes.
(Agenda Item No. 17-082) (Sudie Gordon, City Clerk)
3. Approval of the Financial Statements for the Period Ending February 2017. (Agenda Item No. 17-083) (Bernadette Harvill, Finance Director)
6) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Those Who Made the New Milton City Hall
Possible. (Presented by Mayor Joe Lockwood)
2. Proclamation Recognizing National Library Week. (Presented by Councilmember Bill Lusk and Councilmember Karen Thurman)
3. Presentation of the City of Milton FY 2016 Annual Audit. (Presented by Tim Lyons, Mauldin & Jenkins, LLC)
7) FIRST PRESENTATION
1. Consideration of ZM17-01 – 14505 Batesville Road zoned AG-1 with Use
Permit by LRF Milton, LLC (Little River Farms) To modify conditions 2.a AND
3.b (U14-02) for relocation of parking lot and additional driveway to
additional parking lot.
(Agenda Item No. 17-084)
(Kathleen Field, Community Development Director)
2. Consideration of ZM17-02/VC17-02 – 980 Birmingham Road zoned C-1 and
AG-1 by The Contineo Group To modify condition 2.a. (2004Z-0043) to
modify site plan for additional parking and move dumpster pad and a
concurrent variance to allow parking past the building (Sec. 64-1323(a)).
(Agenda Item No. 17-085)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 10, 2017
Page 3 of 4
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678.242.2500.
3. Consideration of RZ17-02 –12800, 12830 and 12850 Hopewell Road by
Fuqua & Associates – To Rezone from AG-1 (Agricultural) to R-4A (Single
Family Dwelling) to Develop 17 Single Family Lots on 14.6 Acres at a
Density of 1.16 Units per Acre.
(Agenda Item No. 17-086)
(Kathleen Field, Community Development Director)
4. Consideration of RZ17-03 – To Amend Section 64-418 - Pre-development
Notification and Public Informational Meeting and Section 64-419.
Definitions of the AG-1 (Agricultural) Zoning District.
(Agenda Item No. 17-087)
(Kathleen Field, Community Development Director)
5. Consideration of RZ17-04 – To Amend Section 64-141 - Pre-development
Notification and Public Informational Meeting and Section 64-442.
Definitions of the R-1 (Residential) Zoning District.
(Agenda Item No. 17-088)
(Kathleen Field, Community Development Director)
6. Consideration of RZ17-05 – To Amend Section 64-464 - Pre-development
Notification and Public Informational Meeting and Section 64-465.
Definitions of the R-2 (Residential) Zoning District.
(Agenda Item No. 17-089)
(Kathleen Field, Community Development Director)
7. Consideration of RZ17-06 – To Amend Section 64-487 - Pre-development
Notification and Public Informational Meeting and Section 64-488.
Definitions of the R-2A (Residential) Zoning District.
(Agenda Item No. 17-090)
(Kathleen Field, Community Development Director)
8. Consideration of RZ17-07 – To Amend Section 64-2453 - Creation of a
Historic Preservation Commission (To Allow Compensation for Meetings).
(Agenda Item No. 17-091)
(Kathleen Field, Community Development Director)
9. Consideration of Revisions to Plat Process, Chapter 50 – Subdivisions.
(Agenda Item No. 17-092)
(Kathleen Field, Community Development Director)
10. Consideration to Amend Chapter 2, Article V, Division 3, Planning
Commission, Section 2-206 – Duties.
(Agenda Item No. 17-093)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 10, 2017
Page 4 of 4
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678.242.2500.
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Consideration of an Ordinance Accepting the Revised Georgia Municipal
Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and
General Addendum.
(Agenda Item No. 17-077)
(First Presentation at March 20, 2017 Regular City Council Meeting)
(Sam Trager, Human Resources Director)
2. Consideration of an Ordinance Creating the Milton Greenspace Advisory
Committee (MGAC).
(Agenda Item No. 17-068) (First Presentation at March 6, 2017 Regular City Council Meeting)
(Discussed at March 13, 2017 City Council Work Session)
(Kathleen Johnson, Conservation Project Manager)
11) NEW BUSINESS
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
Department Updates
1. Public Works
2. Fire
3. Communication
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT (Agenda Item No. 17-094)
M I LT(i
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 30, 2017
FROM: Steven Krokoff, City Manag e&
AGENDA ITEM: Approval of the Financial Statements for the Period Ending
February 2017.
MEETING DATE: Monday, April 10, 2017 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 (,41NO
CITY ATTORNEY REVIEW REQUIRED: () YES („,KNO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: C"wc I Zoi
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on March 27, 2017 for the April 10, 2017 Regular
Council Meeting
Agenda Item: Financial Statements for Period 5 – February 2017
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 8.80% over what is
anticipated for the fifth period of the fiscal year.
Total expenditures to-date are $10,915,046 and are 13.48% less than
expected for this period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project
basis. With a total project expenditure budget of $21,259,361, capital
expenditures-to-date total $4,259,224.
1 of 10
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending February 2017
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 10,668,000 36,796 45,050 (8,254) 344,870 212,800 132,070
Motor Vehicle Tax 542,000 46,057 44,820 1,237 184,266 179,280 4,986
Intangible Tax 250,000 13,783 20,750 (6,967) 87,670 83,000 4,670
Real Estate Transfer Tax 115,000 3,244 9,545 (6,301) 24,116 38,180 (14,064)
Franchise Fees 1,915,900 417,578 408,975 8,603 642,081 408,975 233,106
Local Option Sales Tax 8,400,000 681,538 697,200 (15,662) 2,937,849 2,788,800 149,049
Alcohol Beverage Excise Tax 295,000 21,583 24,485 (2,902) 97,937 97,940 (3)
Business & Occupation Tax 650,000 147,711 130,000 17,711 249,146 195,000 54,146
Insurance Premium Tax 1,800,000 - - - - - -
Financial Institution Tax 46,000 4,571 23,460 (18,889) 4,571 23,460 (18,889)
Penalties & Interest 33,400 1,027 2,866 (1,838) 10,538 13,633 (3,095)
Alcohol Beverage Licenses 140,000 - - - 142,394 140,000 2,394
Other Non-Business Permits/Licenses 19,485 3,375 1,350 2,025 11,259 8,540 2,719
Zoning & Land Disturbance Permits 217,200 15,610 18,093 (2,483) 43,210 90,464 (47,254)
Building Permits 480,000 33,323 28,800 4,523 143,556 182,400 (38,844)
Intergovernmental Revenue - - - - - - -
Other Charges for Service 519,700 31,086 41,577 (10,491) 183,682 223,066 (39,384)
Municipal Court Fines 560,000 28,469 51,686 (23,217) 199,531 229,872 (30,341)
Interest Earnings 30,420 5,319 2,535 2,784 27,158 12,675 14,483
Contributions & Donations - 500 - 500 23,025 - 23,025
Other Revenue 140,612 2,078 5,224 (3,146) 66,185 25,918 40,267
Other Financing Sources 1,017,126 81,844 83,069 (1,225) 418,598 415,346 3,252
Total Revenues 27,839,843 1,575,490 1,639,484 (63,994)5,841,643 5,369,349 472,294
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 166,759 9,048 11,557 (2,509) 56,954 67,676 (10,722)
City Clerk 207,077 14,426 17,324 (2,898) 77,608 90,382 (12,774)
City Manager 691,336 51,907 54,798 (2,891) 262,424 280,082 (17,658)
General Administration 72,818 612 6,057 (5,445) 20,739 30,339 (9,600)
Finance 452,793 55,870 52,371 3,499 193,493 204,256 (10,763)
Legal 290,000 15,882 24,167 (8,285) 86,520 96,667 (10,146)
Information Technology 921,534 61,639 62,415 (776) 430,447 442,402 (11,955)
Human Resources 334,445 17,710 26,228 (8,518) 102,890 137,715 (34,825)
Risk Management 283,300 (20) - (20) 131,758 131,778 (20)
General Government Buildings 474,354 34,146 48,142 (13,995) 170,730 240,708 (69,977)
Communications 205,479 6,132 15,487 (9,355) 58,858 84,214 (25,356)
Community Outreach & Engagement 152,443 8,004 12,453 (4,449) 52,837 62,264 (9,426)
Municipal Court 298,347 23,000 23,314 (314) 109,366 118,522 (9,156)
Police 4,430,315 302,160 387,193 (85,034) 1,547,302 1,933,512 (386,209)
Fire 6,559,155 429,241 498,206 (68,966) 2,661,456 3,087,057 (425,601)
Public Works 2,427,495 105,593 197,397 (91,804) 720,754 1,020,073 (299,319)
Parks & Recreation 1,430,360 56,293 85,139 (28,847) 631,247 809,300 (178,053)
Community Development 952,840 66,718 76,556 (9,838) 322,256 390,192 (67,936)
Economic Development 179,869 9,917 15,166 (5,250) 49,370 81,978 (32,608)
Debt Service - Capital Lease Payment 718,112 - - - 726,400 718,112 8,288
Operating Transfers to Other Funds 6,003,930 500,328 500,127 200 2,501,638 2,500,637 1,001
Operating Reserve 212,228 - 17,679 (17,679) - 88,393 (88,393)
Total expenditures 27,464,989 1,768,603 2,131,775 (363,172)10,915,046 12,616,256 (1,701,210)
Net Income/(Loss)374,854 (193,113)(5,073,403)
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Earth Day Vendor Fee 305$ -$ -$ (305)$
Hometown Jubilee Vendor Fee - - - -
Interest Revenues - 1 4 4
Crabapple Fest Sponsor 8,000 - 1,500 (6,500)
Earth Day Sponsor 2,550 - - (2,550)
Concert Sponsor - - - -
Mayor's Run Sponsor 1,000 - - (1,000)
Donations - - 371 371
T-shirt Sales - - - -
Mayor's Run Reg. Fees - 30 30 30
Roundup Food Sales - - - -
Total revenues 11,855$ 31$ 1,905$ (9,950)$
EXPENDITURES
Current:
Special Events 75,065$ 717$ 25,700$ 49,365$
Total Expenditures 75,065$ 717$ 25,700$ 49,365$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 10,550$ 879$ 4,396$ (6,154)$
Transfers in from Hotel/Motel Tax Fund 47,000 6,597 24,759 (22,241)
Total other financing sources and uses 57,550$ 7,477$ 29,155$ (28,395)$
Net change in fund balances (5,660)$ 5,360$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
3 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ 1,413$ 1,413$
Cash Confiscations/Fed Funds/US Marshal - - - -
Cash Confiscations/Federal Funds - - 7,708 7,708
Interest Revenues/State Funds - 2 9 9
Interest Revenues/Federal Funds - 2 11 11
Realized Gain on Investments/State Funds - - - -
Budgeted Fund Balance - - - -
Total revenues -$ 4$ 9,141$ 9,141$
EXPENDITURES
Current:
Police -$ -$ 758$ (758)$
Total Expenditures -$ -$ 758$ (758)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 8,383$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
4 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 890,000$ 30,743$ 252,934$ (637,066)$
Interest Revenue - 6 36 36
Total revenues 890,000$ 30,749$ 252,970$ (637,030)$
EXPENDITURES
Current:
Public Safety 890,000$ -$ 280,897$ 609,103$
Total Expenditures 890,000$ -$ 280,897$ 609,103$
OTHER FINANCING USES
Unallocated -$ -$ -$ -$
Operating Transfer Out to Capital Projects -$ -$ -$ -$
Net change in fund balances -$ (27,926)$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
5 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 67,000$ 6,597$ 24,759$ (42,241)$
Total revenues 67,000$ 6,597$ 24,759$ (42,241)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund 20,000$ -$ -$ (20,000)$
Transfers out to Special Events Fund 47,000 6,597 24,759 (22,241)
Total other financing sources and uses 67,000$ 6,597$ 24,759$ (42,241)$
Net change in fund balances -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
6 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 95,000$ 20,311$ 27,322$ (67,678)$
Infrastructure Maint Penalty & Interest - - 25 25
Sidewalk Replacement Account - - - -
Crabapple Paving Fee - - - -
Traffic Calming - - - -
Tree Recompense - - 17,000 17,000
Landfill Host Fees 140,000 - 30,317 (109,683)
HYA Fees - - -
Interest Revenue - 14 46 46
Realized Gain or Loss on Investments - - - -
Cell Tower Lease - 6,533 34,436 34,436
Insurance Proceeds/Public Safety - - - -
Insurance Proceeds/Parks & Rec - - - -
Insurance Proceeds/Public Works - - - -
Atlanta HIDTA Stipend - 1,500 3,000 3,000
Capital Lease Proceeds - - - -
Total revenues 235,000$ 28,358$ 112,147$ (122,853)$
EXPENDITURES
Capital Outlay
City Council 1,006,589$ -$ 17,537$ 989,052$
General Admin 13,762 - - 13,762
General Govt Bldg 5,021,494 1,616,206 3,624,292 1,397,202
Finance - - - -
IT 218,600 - 18,599 200,001
Court (1,700) - - (1,700)
Police 1,234,713 28,487 296,517 938,196
Fire 1,675,415 - 2,710 1,672,705
Public Works 7,803,020 5,819 180,531 7,622,489
Parks & Recreation 3,662,715 - 101,000 3,561,715
Community Development 624,753 (1,950) 18,039 606,715
Total Capital Outlay 21,259,361$ 1,648,562$ 4,259,224$ 17,000,137$
Excess of revenues over expenditures (21,024,361)$ (1,620,204)$ (4,147,077)$ (17,122,990)$
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 5,993,380$ 499,448$ 2,497,242$ (3,496,138)$
Transfers in from Capital Grant Fund 100,000 8,333 41,667 (58,333)
Transfers in from E-911 Fund - - - -
Impact Fees/Law Enforcement Fund 15,557 - - (15,557)
Impact Fees/Fire 89,145 - - (89,145)
Impact Fees/Road 111,251 - - (111,251)
Impact Fees/Park 668,123 - - (668,123)
Transfer to the General Fund (243,000) (20,250) (101,250) (141,750)
Unallocated - - - -
Lease Proceeds - - - -
Proceeds of Sale of Assets - - -
Budgeted Fund Balance - - - -
Total other financing sources and uses 6,734,456$ 487,532$ 2,437,658$ (4,580,298)$
Net change in fund balances (14,289,905)$ (1,709,419)$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
7 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$
GDOT TAP (Big Creek Greenway)- - 50,000 50,000
CDBG - - - -
LMIG Funds 200,000 - 369,450 169,450
GDOT HPP Funds 3,738,408 - - (3,738,408)
MARTA Grant 71,863 71,861 71,861 (2)
SR 9 @ Bethany Bend Grant 872 - - (872)
GDOT-Signage/Landscaping 4,062 - - (4,062)
Trail Connection to Big Creek Greenway - - - -
Interest Revenues - 15 59 59
Total revenues 4,515,205$ 71,876$ 491,370$ (4,023,835)$
EXPENDITURES
Capital Outlay
Unallocated -$
Public Safety -
Public Works 4,953,009$ 7,413$ 9,179$ 4,943,830$
Community Development 4,900 - - 4,900
Total Capital Outlay 4,957,909$ 7,413$ 9,179$ 4,948,730$
Excess of revenues over expenditures (442,704)$ 64,463$ 482,192$ 924,896$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfers in to General Fund - -$ -$ -$
Transfer Out to Capital Projects Fund (100,000) (8,333) (41,667) (58,333)
Budgeted Fund Balance - - - -
Total other financing sources and uses (100,000)$ (8,333)$ (41,667)$ (58,333)$
Net change in fund balances (542,704)$ 440,525$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
8 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 26,522$ 2,712$ 14,855$ (11,667)$
Law Enforcement Fund 15,557 1,138 6,569 (8,988)
Fire Fund 89,145 6,523 37,638 (51,507)
Road Fund 111,251 8,140 50,075 (61,176)
Park Fund 668,123 74,581 400,874 (267,249)
Interest Revenues/Admin Fund - 1 2 2
Interest Revenues/Law Enforcement Fund - 0 1 1
Interest Revenues/Fire Fund - 1 4 4
Interest Revenues/Road Fund - 2 5 5
Interest Revenues/Park Fund - 14 47 47
Total revenues 910,598$ 93,111$ 510,070$ (400,528)$
EXPENDITURES
Admin
Police
Fire
Public Works
Parks & Recreation
Total Capital Outlay -$ -$ -$ -$
Excess of revenues over expenditures 910,598$ 93,111$ 510,070$ (400,528)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfer Out to General Fund/Admin (26,522) 26,522
Transfer Out to Capital Projects Fund/Law Enf (15,557) 15,557
Transfer Out to Capital Projects Fund/Fire (89,145) 89,145
Transfer Out to Capital Projects Fund/Road (111,251) 111,251
Transfer Out to Capital Projects Fund/Park (668,123) 668,123
Total other financing sources and uses (910,598)$ -$ -$ 910,598$
Net change in fund balances -$ 510,070$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
9 of 10
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues -$ -$ -$ -$
Interest Revenues 9 72 72
Contributions & Donations - - - -
Total revenues -$ 9$ 72$ 72$
EXPENDITURES
Capital Outlay
General Government Buildings -$ -$ -$ -$
Parks & Recreation 48,059 - 7,220 40,839
Bond Principal - - - -
Bond Interest - - - -
Total Capital Outlay 48,059$ -$ 7,220$ 40,839$
Excess of revenues over expenditures (48,059)$ 9$ (7,148)$ 40,911$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfers out to General Fund (712,604) (59,384) (296,918) (415,686)
Revenue Bond Proceeds - - - -
Total other financing sources and uses (712,604)$ (59,384)$ (296,918)$ (415,686)$
Net change in fund balances (760,663)$ (304,066)$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2017
10 of 10
"I
Mi LTO .'
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 30, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Proclamation Recognizing Those Who Made the New Milton
City Hall Possible.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (4 --APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,,)'NO
CITY ATTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 6LIholZoll
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
L041
NATIONAL LIBRARY WEEK
WHEREAS, libraries are the heart of their communities, campuses, and schools; and
WHEREAS, librarians work tirelessly to meet the changing needs of their communities,
from providing linguistically diverse literature and life-skill classes to bringing
services outside of library walls; and
WHEREAS, libraries and librarians bring together community members to enrich and
shape the community and address local issues; and
WHEREAS, librarians are trained, tech-savvy professionals, providing technological
training and access to downloadable content like e-books; and
WHEREAS, libraries offer programs to meet community needs by providing residents
with resume writing classes, homework help, financial planning services to
teens applying for student loans, as well as retirement planning for older
adults; and
WHEREAS, libraries continuously grow and evolve in how they provide for the needs of
every member of their communities; and
WHEREAS, libraries, librarians, library workers, and supporters across America are
celebrating National Library Week.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize
NATIONAL LIBRARY WEEK APRIL 9-15 and encourage all of our citizens to visit the Milton
Library this week to take advantage of all the wonderful library resources that are
available.
Given under our hand and seal of the City of Milton, Georgia on this 10th day of April,
2017.
__________________________
Joe Lockwood, Mayor
M1
t LTON
F'
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 30, 2017
FROM: Steven Krokoff, City Manager Z
AGENDA ITEM: Proclamation Recognizing National Library Week.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,rAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (.�-NO
CITY ATTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: DLA lle)2oi
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
NATIONAL LIBRARY WEEK
WHEREAS, libraries are the heart of their communities, campuses, and schools; and
WHEREAS, librarians work tirelessly to meet the changing needs of their communities,
from providing linguistically diverse literature and life-skill classes to bringing
services outside of library walls; and
WHEREAS, libraries and librarians bring together community members to enrich and
shape the community and address local issues; and
WHEREAS, librarians are trained, tech-savvy professionals, providing technological
training and access to downloadable content like e-books; and
WHEREAS, libraries offer programs to meet community needs by providing residents
with resume writing classes, homework help, financial planning services to
teens applying for student loans, as well as retirement planning for older
adults; and
WHEREAS, libraries continuously grow and evolve in how they provide for the needs of
every member of their communities; and
WHEREAS, libraries, librarians, library workers, and supporters across America are
celebrating National Library Week.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize
NATIONAL LIBRARY WEEK APRIL 9-15 and encourage all of our citizens to visit the Milton
Library this week to take advantage of all the wonderful library resources that are
available.
Given under our hand and seal of the City of Milton, Georgia on this 10th day of April,
2017.
__________________________
Joe Lockwood, Mayor
City of Milton, Georgia
Auditor’s Discussion & Analysis
Financial & Compliance Audit Summary
September 30, 2016
Presented by:
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 1
PURPOSE OF ANNUAL AUDIT AGENDA
Engagement Team and Firm Information.
Overview of:
o Audit Opinion;
o Financial Statements, Footnotes and Supplementary
Information; and
o Compliance Reports.
Required Communications under Government Auditing Standards.
Accounting Recommendations and Related Matters.
Other Items and Closing Thoughts.
Answer Questions.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 2
MAULDIN & JENKINS – GOVERNMENTAL PRACTICE
General Information:
Founded in 1918.
Large regional firm serving the Southeastern United States.
Offices located in Macon, Atlanta, Albany, Bradenton, Chattanooga, and Birmingham.
Approximately 260 personnel are employed at Mauldin & Jenkins.
Governmental Sector:
Largest specific industry niche served by Firm representing 25% of Firm practice.
Serve more governmental entities in the Southeast than any other certified public
accounting firm requiring over 70,000 hours of service on an annual basis.
Approximately 90 professional staff persons with current governmental experience.
In past three (3) years, have served approx. 300 governments in the Southeast, including:
85 cities;
40 counties;
45 school systems (8 of the 10 largest in Georgia and 9 of the 30 largest in Georgia
and Florida combined) and 30 charter schools;
40 state entities;
80 special purpose entities (stand‐alone entities: water/sewer, transit, gas, electric,
airports, housing, development, other educational, retirement, libraries, etc.); and
90 governments receiving the GFOA’s Certificate of Achievement for Excellence in
Financial Reporting.
Auditor of a substantial part of the State of Georgia including approximately 30% of the
State’s General Fund, and a substantial number of the State of Georgia’s component units.
Experience performing forensic audit services and information technology consultations.
Experience performing municipal bond debt issuance attestation services serving clients
with over $11.0 billion in aggregate publicly issued debt instruments.
10th highest level of Single Audits conducted in U.S.A. approximating $8.0 billion annually.
Engagement Team Leaders for the City of Milton Include:
Adam Fraley ‐ Engagement Lead Partner ‐ 19 years experience, 100% governmental
Tim Lyons ‐ Engagement Manager ‐ 8 years experience, 100% governmental
Justin Davis ‐ Engagement Senior ‐ 3 years experience, 100% governmental
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 3
MAULDIN & JENKINS – ADDITIONAL INFOMATION
Other Industries & Services by Mauldin & Jenkins:
Each of Mauldin & Jenkins’ offices provides a wide variety of services to a broad range of clientele.
We have partners and managers who are responsible for specialized practice areas of auditing and
accounting, taxes and management advisory services. Their purpose, as leaders in the particular
practice area, is to establish policies with respect to technical matters in these specific areas and
ensure that the quality of the Firm's practice is maintained.
Industries Served: Over the years our partners have developed expertise in certain industries
representative of a cross section of the Georgia economy, including:
Governmental Entities (state entities,
cities, counties, school systems,
business type operations, libraries, and
other special purpose entities)
SEC Registrants
Wholesale Distribution
Agri‐Businesses
Manufacturing
Professional Services
Employee Benefit Plans
Financial Institutions (community banks,
savings & loans, thrifts, credit unions,
mortgage companies, and finance
companies)
Non‐Profit Organizations
Retail Businesses
Long‐term Healthcare
Construction & Development
Individuals, Estates and Trusts
Real Estate Management
Services Provided: This diversity of practice enables our personnel to experience a wide variety of
business, accounting and tax situations. We provide the traditional and not‐so‐traditional services
such as:
Financial Audit/Review/Compilation
Compliance Audits & Single Audits
Agreed‐Upon Procedures
Forensic Audits
Bond Issuance Services
Performance Audits
State Sales Tax Matters
International Tax Matters
Business & Strategic Planning
Profitability Consulting
Budgeting
Buy‐Sell Agreements & Business
Valuation Issues
Income Tax Planning & Preparation
Multi‐State Income Tax Issues
Information Systems Consulting
Cost Accounting Analysis
Healthcare Cost Reimbursement
Outsourced Billing Services
Fixed Asset Inventories
Succession & Exit Strategy Consulting
Estate Planning
Management Information Systems
Employee Benefit Plan Administration
Merger/Acquisition & Expansion
Financing
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 4
INDEPENDENT AUDITOR’S REPORT
The independent auditor’s report has specific significance to readers of the financial report.
Management’s Responsibility for the Financial Statements
The financial statements are the responsibility of management.
Auditor’s Responsibility
Our responsibility, as external auditors, is to express opinions on these financial statements based
on our audit. We conducted our audit in accordance with auditing standards generally accepted in
the United States of America and the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States. We
planned and performed our audit to obtain reasonable assurance about whether the financial
statements are free from material misstatement.
Opinions
We have issued an unmodified audit report (i.e., “clean opinions”). The respective financial
statements are considered to present fairly the financial position and results of operations as of,
and for the year ended September 30, 2016.
Other Matters
Certain required supplementary information and other information is included in the financial
report, and as directed by relevant auditing standards, we have not expressed an opinion or
provided any assurance on the respective information.
Other Reporting
Government Auditing Standards require auditors to issue a report on our consideration of internal
control over financial reporting and on our tests of compliance with certain provisions of laws,
regulations, contracts and grant agreements and other matters. We have issued such a report and
reference to this report is included in the independent auditor’s report.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 5
REVIEW OF COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR)
General Information About the CAFR
A Comprehensive Annual Financial Report (CAFR) goes beyond the normal financial reporting
required by accounting principles generally accepted in the United States. A CAFR includes at a
minimum the following elements/sections:
Introductory Section: general information on the City’s structure and
the services it provides.
Letter of Transmittal
Organizational Chart
Directory of Officials
Certificate of Achievement for Excellence in Financial Reporting
Financial Section: basic financial statements, footnotes and required
supplementary information along with the auditor’s report.
Independent Auditor’s Report
Management Discussion & Analysis (MD&A)
Financial Statements and Footnotes
Statistical Section: broad range of financial, demographic information
useful in assessing the City’s economic condition, and this information
covers multiple years.
Financial Trends Information
Revenue Capacity Information
Debt Capacity Information
Operating Information
A CAFR goes far beyond the basic requirements of annual financial reporting, and the City should
be commended for going beyond the minimum and providing such a report.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 6
Recognition and Award
Once completed, the fiscal year 2015 CAFR was submitted to the Government Finance Officers
Association (GFOA) for determination if the report would merit the GFOA’s Certificate of
Achievement for Excellence in Financial Reporting. We are happy to inform everyone that the
GFOA did indeed review the CAFR and awarded the City with the sought after Certificate.
The GFOA Certificate has been made a part of the City’s 2016 fiscal year CAFR, and is included in
the Introductory Section. The City is one of the few municipalities in the State of Georgia that
elects to report at such a high level to obtain this distinguished award.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 7
OVERVIEW OF FINANCIAL STATEMENTS
The City’s basic financial statements include three components:
1) Government‐wide financial statements;
2) Fund financial statements; and
3) Notes to the financial statements.
The government‐wide financial statements provide a broad overview of all of the City’s funds
including the City’s blended component unit, the Milton Public Buildings and Facilities Authority.
The Statement of Net Position presents information on all assets (and deferred outflows) and
liabilities (and deferred inflows) of the City, with the resulting difference reported as net position.
The Statement of Activities presents information showing how the City’s net position changed
during the most recent fiscal year. Revenues are categorized as program revenues or general
revenues. Expenses are categorized by function.
The fund financial statements more closely resemble the financial statements as presented prior
to the adoption of GASB Statement No. 34. All of the funds of the City can be divided into two (2)
categories: governmental funds (includes the General Fund) and fiduciary funds.
The City also includes, as part of the CAFR, the following information:
1) Introductory Section (including the letter of transmittal)
2) Statistical Section
Government‐Wide (Full‐Accrual) Financial Statements
As noted above, the financial report of the Government includes two (2) entity‐wide financial
statements: a Statement of Net Position; and a Statement of Activities.
Highlights of the government‐wide statements notes total assets (and deferred outflows of
resources) of approximately $107,000,000 offset by liabilities (and deferred inflows of resources)
of approximately $19,800,000. This results in the Government reported net position (or equity) of
approximately $87,200,000. Also, a substantial element of the net position is composed of a net
investment in capital assets in the approximate amount of $64,300,000. Restricted net position
amounts to approximately $900,000 leaving unrestricted net position at $22,000,000.
The statement of net position also reports the impact of GASB 68 – the City’s net pension liability
and related deferred outflows of resources. This is the second year for the City to report such
information. As of September 30, 2016 these amounts result in a net liability impact on the City’s
net position in the approximate amount of $801,000.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 8
The Statement of Activities attempts to report expenses in the first column with direct offsetting
program revenues to the adjacent columns to arrive a net cost of the functional areas of
operation. General revenues (primarily property taxes and sales taxes) come to the rescue of the
net cost functional areas resulting in the Government reporting a change in net position of
approximately $7,000,000 for the fiscal year ended September 30, 2016.
General Fund
Of primary interest to the City is the General Fund, which accounts for the majority of revenues
received and funds expended in the operations of the City, including general government
activities, the City’s municipal court, public safety, public works, parks and recreation, and housing
and development. Additionally, the City reports debt service expenditures as separate line items
in the financial statements.
The following charts present the sources of revenues and the expenditures of the General Fund for
the fiscal year ended September 30, 2016:
General Fund Revenues: The following chart depicts the primary revenue sources of the General
Fund for the 2016 fiscal year. Property taxes represent a key component of revenue.
11,563,000
8,828,000
2,058,000
2,744,000
785,000
562,000 508,000
165,000
General Fund Revenues - September 30, 2016
Property taxes
Sales tax
Franchise taxes
Business taxes
Licenses and permits
Intergovernmental
Charges for services
Fines and forfeitures
Other revenues
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 9
General Fund Expenditures: The following chart presents the General Fund’s expenditures by
major function for the fiscal year ended September 30, 2016. As expected, public safety is the
primary expenditure of the City.
3,665,000
276,000
9,388,000
1,971,000
1,188,000
713,000 221,000
General Fund Expenditures - September 30, 2016
General government
Judicial
Public safety
Public works
Culture and recreation
Housing and
developmentDebt Service
Net Change in Fund Balance and the Revenues and Expenditures of the General Fund. The
following chart demonstrates General Fund revenues verses expenditures for a six (6) year period.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 10
The following chart presents the annual net change in fund balance of the General Fund for the
past six (6) fiscal years.
1,805,000
443,000
(611,000)
1,602,000
(1,017,000)
(2,778,000)
(4,000,000)
(3,000,000)
(2,000,000)
(1,000,000)
-
1,000,000
2,000,000
3,000,000
Net Change in Fund Balance (FY 2010 Thru FY 2016)
2011 2012 2013 2014 2015 2016
The graph on the following page reflects the overall financial strength of the City’s General Fund as
of each fiscal year ended September 30th for a six (6) year period. The wider the gap between
expenditures and the fund balance, the less leverage the City has each year as it enters a new
fiscal year. As of September 30, 2016, the City reflected a fund balance that is available to cover
approximately 67 days. As is demonstrated in the graph on the following page, the City has been
consuming fund balance for past two (2) fiscal years and will need to keep that in mind in future
years as the General Fund only reports approximately $6.9 million in unassigned fund balance as
of September 30, 2016.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 11
In observation of the above chart, the relationship of year‐end fund balance as compared to each
year’s expenditures should be further considered. The following is the relative percentage of fund
balance as compared to annual expenditures for each of the past six (6) fiscal years:
2011 = 53.7%
2012 = 53.2%
2013 = 46.2%
2014 = 47.3%
2015 = 36.2%
2016 = 18.3%
The percentages noted above are indicative of the Government’s ability to be proactive with its
initiatives and general operations, and also its ability to proceed into the new fiscal year with or
without certain seasonal revenue streams. Of course, it is of great importance to further reflect
that fund balance does not always equate to cash and investments. Fund balance is simply the
difference in all assets and all liabilities (and deferred inflows of resources). Cash and investments
are simply a component of this equation.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 12
Other Governmental Funds
The City also maintains three (3) special revenue funds. These funds account for revenues derived
from specific sources which are legally restricted to finance particular functions or activities.
Capital projects funds are used to account for revenues and expenditures related to the
renovation and/or construction of major capital assets. Four (4) capital projects funds are
maintained by the City.
Fiduciary Funds
The City also maintains an agency fund for the City’s Municipal Court which is used to account for
the collection and disbursement of funds by the City on behalf of other governments and
individuals.
Footnotes
Note 1 – Accounting Policies: This footnote discusses the overall organization of the City, the
nature of its operations, and the fact that it was created by the State of Georgia in 2006. This note
also discloses pertinent information regarding the governing body of the City.
This footnote continues by sharing with a reader of the financial statements the significant
accounting policies and principles utilized in the preparation of the financial statements.
Note 2 – Reconciliation of Government‐wide Financial Statements and Fund Financial
Statements: This footnote provides additional detailed information that is not already shown
within the financial statements themselves, on the differences between the City’s fund level
financial statements and its government‐wide financial statements.
Note 3 – Legal Compliance – Budgets: This footnote discloses the City’s procedures in establishing
its annual budget and discloses excesses of actual expenditures over appropriations for the year, if
any.
Note 4 – Deposits and Investments: The Governmental Accounting Standards Board (GASB)
issued Statement No. 40, Deposit and Investment Risk Disclosure, an amendment of GASB
Statement No. 3, which significantly changed the disclosure in the financial statements of the City
related to deposits and investments. The disclosure addresses common deposit and investment
risks related to credit risk, concentration of credit risk, interest rate risk, and foreign currency risk.
This footnote reflects the fact that the City maintained substantial amounts in Georgia Fund 1
which is managed by the Office of the State Treasurer for the State of Georgia.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 13
Note 5 – Receivables: This footnote discloses the City’s property tax calendar and detailed
information on various receivable (and allowances for doubtful receivables) balances.
Note 6 – Capital Assets: This footnote discloses the City’s capital asset activity and its related
accumulated depreciation for the year.
Note 7 – Long‐Term Debt: This footnote discloses the City’s long‐term debt activity for the year,
and other information and maturities for the capital leases and bonds payable.
Note 8 – Interfund Receivables, Payables, and Transfers: This footnote discloses detailed
information on the City’s interfund balances and transfers and the purpose of these balances and
transactions.
Note 9 – Commitments and Contingencies: This footnote discloses the outstanding commitments
and contingencies of the City including contractual commitments and potential litigation.
Notes 10 and 11 – Pension Benefit Plans: This footnote discloses the details of the City’s defined
benefit Pension Plan as well as the defined contribution Retirement Plans it maintains for its
employees.
Note 12 – Joint Ventures: These footnotes disclose the City’s relationship with the Atlanta
Regional Commission and the North Fulton Regional Radio System Authority.
Note 13 – Hotel/Motel Lodging Tax: This footnote discloses the City’s tax rate for hotel/motel
taxes, along with the amounts and nature of these revenues and expenditures.
Note 14 – Risk Management: This footnote discloses the City’s various risks of loss.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 14
COMPLIANCE REPORTS
The financial report package contains one (1) compliance reports.
Yellow Book Report: The first compliance report is a report on our tests of the City’s internal
controls and compliance with laws, regulations, etc. The tests of internal controls were those we
determined to be required as a basis for designing our financial statement auditing procedures.
Such tests also considered the City’s compliance with certain provisions of laws, regulations,
contracts and grant agreements, noncompliance with which could have a direct and material
effect on the determination of financial statement amounts. In accordance with the respective
standards, the report is not intended to provide an opinion, but to provide a form of negative
assurance as to the City’s internal controls and compliance with applicable rules and regulations.
REQUIRED COMMUNICATIONS
The Auditor’s Responsibility Under Government Auditing Standards
and Auditing Standards Generally Accepted in the United States of America
Our audit of the financial statements of the City of Milton, Georgia (the “City”) for the year ended
September 30, 2016 was conducted in accordance with auditing standards generally accepted in
the United States of America and Government Auditing Standards issued by the Comptroller
General of the United States. Those standards require we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material misstatement,
whether caused by error, fraudulent financial reporting or misappropriation of assets. An audit
includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall financial statement
presentation. Accordingly, the audit was designed to obtain reasonable, rather than absolute,
assurance about the financial statements. We believe our audit accomplishes that objective.
In accordance with Government Auditing Standards, we have also performed tests of controls and
compliance with laws and regulations that contribute to the evidence supporting our opinion on
the financial statements. However, they do not provide a basis for opining on the City’s internal
control or compliance with laws and regulations.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 15
Accounting Policies
Management has the ultimate responsibility for the appropriateness of the accounting policies
used by the City. There are several new accounting standards which will be required to be
implemented in the coming years. These are discussed later in this document.
In considering the qualitative aspects of the City’s accounting policies, we did not identify any
significant or unusual transactions or significant accounting policies in controversial or emerging
areas for which there is a lack of authoritative guidance or consensus. The City’s policies relative
to the timing of recording of transactions are consistent with GAAP and typical government
organizations.
Management Judgments and Accounting Estimates
Accounting estimates are an integral part of the preparation of financial statements and are based
upon management’s current judgment. The process used by management encompasses their
knowledge and experience about past and current events and certain assumptions about future
events. Management has informed us they used all the relevant facts available to them at the
time to make the best judgments about accounting estimates and we considered this information
in the scope of our audit. We considered this information and the qualitative aspects of
management’s calculations in evaluating the City’s significant accounting policies. Estimates
significant to the financial statements include such items the estimated lives of depreciable assets,
and the estimated allowance for uncollectible accounts.
Financial Statement Disclosures
The footnote disclosures to the financial statements are also an integral part of the financial
statements. The process used by management to accumulate the information included in the
disclosures was the same process used in accumulating the financial statements, and the
accounting policies described above are included in those disclosures. The overall neutrality,
consistency, and clarity of the disclosures was considered as part our audit and in forming our
opinion on the financial statements.
Significant Difficulties Encountered in Performing the Audit
We encountered no difficulties in dealing with management relating to the performance of the
audit.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 16
Disagreements with Management
We encountered no disagreements with management over the application of significant
accounting principles, the basis for management’s judgments on significant matters, the scope of
the audit or significant disclosures to be included in the financial statements.
Representation from Management
We requested written representations from management relating to the accuracy of information
included in the financial statements and the completeness and accuracy of various information
requested by us, during the audit. Management provided those written representations without a
problem.
Management’s Consultations with Other Accountants
We are not aware of any consultations management had with other accountants about accounting
or auditing matters.
Significant Issues Discussed with Management
There were no significant issues discussed with management related to business conditions, plans,
or strategies that may have affected the risk of material misstatement of the financial statements.
We are not aware of any consultations management had with us or other accountants about
accounting or auditing matters. No major issues were discussed with management prior to our
retention to perform the aforementioned audit.
Audit Adjustments
During our audit of the City’s basic financial statements as of and for the year ended September
30, 2016, there were adjusting journal entries that were posted to the City’s funds. A copy of
these entries can be found at the back of this document for your discussion and review.
Uncorrected Misstatements
We had no passed adjustments.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 17
Independence
We are independent of the City, and all related organizations, in accordance with auditing
standards promulgated by the American Institute of Public Accountants and Government Auditing
Standards, issued by the Comptroller General of the United States.
Other Information in Documents Containing Audited Financial Statements
We are not aware of any other documents that contain the audited basic financial statements. If
such documents were to be published, we would have a responsibility to determine that such
financial information was not materially inconsistent with the audited statements of the City.
ACCOUNTING RECOMMENDATIONS AND RELATED MATTERS
Recommendations for Improvement and Other Matters
During our audit of the financial statements as of and for the year ended September 30, 2016, we
noted some areas within the accounting and internal control systems that we believe can be
improved. We have reported one audit finding (material weakness/instance of noncompliance).
Further, we noted other matters which we wish to communicate to you in an effort to keep the
City abreast of accounting matters that could present challenges in financial reporting in future
periods. Our recommendations and proactive thoughts and communications are presented in the
following paragraphs.
Item Cited in the City’s Financial Statements as a Material Weakness/Instance of Noncompliance
1) Expenditures and Related Balance Sheet Accounts
During our audit for the fiscal year ended September 30, 2016, a material misstatement was
identified in the Emergency 911 Fund. The expenditures of the fund did not include all amounts
required to be remitted to the third party to whom the City is sending its E‐911 collections for
emergency telephone system services.
As a result, an audit adjustment in the amount of approximately $215,000 was required to
properly record expenditures and accrued liabilities of the Emergency 911 Fund as of and for the
fiscal year ended September 30, 2016.
We recommend the City carefully review the financial statements and the applicable reporting
requirements under generally accepted accounting principles (GAAP) to ensure that all
expenditures have been reported in the proper accounting period.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 18
Other Matters for Communication to the Board and Management
During our audit of the financial statements as of and for the year ended September 30, 2016, we
noted other matters which we wish to communicate to you in an effort to keep the City abreast of
accounting matters that could present challenges in financial reporting in future periods. Our
recommendations and proactive thoughts and communications are presented in the following
paragraphs.
1) New Governmental Accounting Standards
Board (GASB) Pronouncements
As has been the case for the past 10 years, GASB has issued several other new pronouncements
which will be effective in future years. On the pages that follow are brief summaries of the new
standards that have been issued by the GASB that will impact the City in future periods.
a) Statement No. 72, Fair Value Measurement and Application was issued in February of
2015, and is effective for the City’s fiscal year ending September 30, 2016.
This statement addresses accounting and financial reporting issues related to fair value
measurements. The definition of fair value is the price that would be received to sell an
asset or paid to transfer a liability in an orderly transaction between market participants at
the measurement date. This statement provides guidance for determining a fair value
measurement for financial reporting purposes, and also provides guidance for applying fair
value to certain investments and disclosures related to all fair value measurements.
This statement generally requires investments to be measured at fair value. An investment
is defined as a security or other asset that (a) a government holds primarily for the purpose
of income or profit and (b) has a present service capacity based solely on its ability to
generate cash or to be sold to generate cash. Investments not measured at fair value
continue to include, for example, money market investments, 2a7‐like external investment
pools, investments in life insurance contracts, common stock meeting the criteria for
applying the equity method, unallocated insurance contracts, and synthetic guaranteed
investment contracts. A government is permitted in certain circumstances to establish the
fair value of an investment that does not have a readily determinable fair value by using
the net asset value per share (or its equivalent) of the investment.
This statement requires measurement at acquisition value (an entry price) for donated
capital assets, donated works of art, historical treasures, and similar assets and capital
assets received in a service concession arrangement. These assets were previously required
to be measured at fair value.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 19
This statement requires disclosures to be made about fair value measurements, the level of
fair value hierarchy, and valuation techniques. Governments should organize these
disclosures by type of asset or liability reported at fair value. It also requires additional
disclosures regarding investments in certain entities that calculate net asset value per
share (or its equivalent).
As of September 30, 2016, the City’s investment activity was limited to funds invested in
Georgia Fund 1; however, should the City decide to expand these activities, the
requirements of Statement No. 72 will apply and do create some additional reporting
requirements that would be applicable to the City’s financial statements.
b) Statement No. 73, Accounting and Financial Reporting for Pensions and Related Assets
That Are Not Within the Scope of GASB Statement No. 68 was issued in June of 2015, and
is effective for financial statements for periods beginning after June 15, 2015 resulting in
the City’s fiscal year ending September 30, 2016.
The objective of this statement is to improve the usefulness of information about pensions
included in the general purpose external financial reports of state and local governments for
making decisions and assessing accountability. This statement results from a
comprehensive review of the effectiveness of existing standards of accounting and financial
reporting for all postemployment benefits with regard to providing decision‐useful
information, supporting assessments of accountability and inter‐period equity, and
creating additional transparency.
The requirements of this statement will improve financial reporting by establishing a single
framework for the presentation of information about pensions, which will enhance the
comparability of pension‐related information reported by employers and non‐employer
contributing entities.
This statement establishes requirements for defined benefit pensions that are not within
the scope of Statement No. 68, Accounting and Financial Reporting for Pensions, as well as
for the assets accumulated for purposes of providing those pensions. In addition, it
establishes requirements for defined contribution pensions that are not within the scope
of Statement No. 68. It also amends certain provisions of Statement No. 67, Financial
Reporting for Pension Plans, and Statement No. 68 for pension plans and pensions that are
within their respective scopes.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 20
The requirements of this statement extend the approach to accounting and financial
reporting established in Statement No. 68 to all pensions, with modifications as necessary
to reflect that for accounting and financial reporting purposes, any assets accumulated for
pensions that are provided through pension plans that are not administered through trusts
that meet the criteria specified in Statement No. 68 should not be considered pension plan
assets. It also requires that information similar to that required by Statement No. 68 be
included in notes to financial statements and required supplementary information by all
similarly situated employers and non‐employer contributing entities.
This statement also clarifies the application of certain provisions of Statements No.’s 67
and 68 with regard to the following issues:
Information that is required to be presented as notes to the 10‐year schedules of
required supplementary information about investment‐related factors that
significantly affect trends in the amounts reported.
Accounting and financial reporting for separately financed specific liabilities of
individual employers and non‐employer contributing entities for defined benefit
pensions.
Timing of employer recognition of revenue for the support of non‐employer
contributing entities not in a special funding situation.
c) Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other Than
Pension Plans was issued in June of 2015, and is effective for financial statements for
periods beginning after June 15, 2016 resulting in the City’s fiscal year ending
September 30, 2017. This statement could easily be described as the GASB No. 67 for
postemployment benefit plans due to the fact that it will closely follow the provisions of
GASB No. 67 for pension plans.
The objective of this statement is to improve the usefulness of information about
postemployment benefits other than pensions (other postemployment benefits or OPEB)
included in the general purpose external financial reports of state and local governmental
OPEB plans for making decisions and assessing accountability. This statement results from
a comprehensive review of the effectiveness of existing standards of accounting and
financial reporting for all postemployment benefits (pensions and OPEB) with regard to
providing decision‐useful information, supporting assessments of accountability and inter‐
period equity, and creating additional transparency.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 21
This statement replaces Statements No. 43, Financial Reporting for Postemployment Benefit
Plans Other Than Pension Plans, as amended, and No. 57, OPEB Measurements by Agent
Employers and Agent Multiple‐Employer Plans. It also includes requirements for defined
contribution OPEB plans that replace the requirements for those OPEB plans in Statement
No. 25, Financial Reporting for Defined Benefit Pension Plans and Note Disclosures for
Defined Contribution Plans, as amended, Statement No. 43, and Statement No. 50, Pension
Disclosures.
Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other
Than Pensions, establishes new accounting and financial reporting requirements for
governments whose employees are provided with OPEB, as well as for certain non‐
employer governments that have a legal obligation to provide financial support for OPEB
provided to the employees of other entities.
The scope of this statement includes OPEB plans (defined benefit and defined contribution)
administered through trusts that meet the following criteria:
Contributions from employers and non‐employer contributing entities to the OPEB
plan and earnings on those contributions are irrevocable.
OPEB plan assets are dedicated to providing OPEB to plan members in accordance
with the benefit terms.
OPEB plan assets are legally protected from the creditors of employers, non‐
employer contributing entities, and the OPEB plan administrator. If the plan is a
defined benefit OPEB plan, plan assets also are legally protected from creditors of
the plan members.
The requirements of this statement will improve financial reporting primarily through
enhanced note disclosures and schedules of required supplementary information that will
be presented by OPEB plans that are administered through trusts that meet the specified
criteria. The new information will enhance the decision‐usefulness of the financial reports of
those OPEB plans, their value for assessing accountability, and their transparency by
providing information about measures of net OPEB liabilities and explanations of how and
why those liabilities changed from year to year.
The net OPEB liability information, including ratios, will offer an up‐to‐date indication of the
extent to which the total OPEB liability is covered by the fiduciary net position of the OPEB
plan. The comparability of the reported information for similar types of OPEB plans will be
improved by the changes related to the attribution method used to determine the total
OPEB liability.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 22
The contribution schedule will provide measures to evaluate decisions related to the
assessment of contribution rates in comparison with actuarially determined rates, if such
rates are determined. In addition, new information about rates of return on OPEB plan
investments will inform financial report users about the effects of market conditions on the
OPEB plan’s assets over time and provide information for users to assess the relative
success of the OPEB plan’s investment strategy and the relative contribution that
investment earnings provide to the OPEB plan’s ability to pay benefits to plan members
when they come due.
d) Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits
Other Than Pensions was issued in June of 2015, and is effective for financial statements
for periods beginning after June 15, 2017 resulting in the City’s fiscal year ending
September 30, 2018. This statement could easily be described as the GASB No. 68 for
postemployment benefit plans due to the fact that it will closely follow the provisions of
GASB No. 68 for pension plans.
The primary objective of this statement is to improve accounting and financial reporting by
state and local governments for postemployment benefits other than pensions (other
postemployment benefits or OPEB). It also improves information provided by state and
local governmental employers about financial support for OPEB that is provided by other
entities. This statement results from a comprehensive review of the effectiveness of existing
standards of accounting and financial reporting for all postemployment benefits (pensions
and OPEB) with regard to providing decision‐useful information, supporting assessments of
accountability and inter‐period equity, and creating additional transparency.
This statement replaces the requirements of Statements No. 45, Accounting and Financial
Reporting by Employers for Postemployment Benefits Other Than Pensions, as amended, and
No. 57, OPEB Measurements by Agent Employers and Agent Multiple‐Employer Plans, for
OPEB. Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other
Than Pension Plans, establishes new accounting and financial reporting requirements for
OPEB plans.
The scope of this statement addresses accounting and financial reporting for OPEB that is
provided to the employees of state and local governmental employers. This statement
establishes standards for recognizing and measuring liabilities, deferred outflows of
resources, deferred inflows of resources, and expense/expenditures. For defined benefit
OPEB, this statement identifies the methods and assumptions that are required to be
used to project benefit payments, discount projected benefit payments to their actuarial
present value, and attribute that present value to periods of employee service. Note
disclosure and required supplementary information requirements about defined benefit
OPEB also are addressed.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 23
In addition, this statement details the recognition and disclosure requirements for
employers with payables to defined benefit OPEB plans that are administered through
trusts that meet the specified criteria and for employers whose employees are provided
with defined contribution OPEB. This statement also addresses certain circumstances in
which a non‐employer entity provides financial support for OPEB of employees of another
entity.
In this statement, distinctions are made regarding the particular requirements depending
upon whether the OPEB plans through which the benefits are provided are administered
through trusts that meet the following criteria:
Contributions from employers and non‐employer contributing entities to the OPEB
plan and earnings on those contributions are irrevocable.
OPEB plan assets are dedicated to providing OPEB to plan members in accordance
with the benefit terms.
OPEB plan assets are legally protected from the creditors of employers, non‐
employer contributing entities, the OPEB plan administrator, and the plan
members.
The requirements of this statement will improve the decision‐usefulness of information in
employer and governmental non‐employer contributing entity financial reports and will
enhance its value for assessing accountability and inter‐period equity by requiring
recognition of the entire OPEB liability and a more comprehensive measure of OPEB
expense. Decision‐usefulness and accountability also will be enhanced through new note
disclosures and required supplementary information.
e) Statement No. 76, The Hierarchy of Generally Accepted Accounting Principles for State
and Local Governments was issued in June of 2015, and is effective for financial
statements for periods beginning after June 15, 2015 resulting in the City’s fiscal year
ending September 30, 2016. This statement supersedes Statement No. 55, The Hierarchy
of Generally Accepted Accounting Principles for State and Local Governments.
The objective of this statement is to identify (in the context of the current governmental
financial reporting environment) the hierarchy of generally accepted accounting principles
(GAAP). The “GAAP hierarchy” consists of the sources of accounting principles used to
prepare financial statements of state and local governmental entities in conformity with
GAAP and the framework for selecting those principles. This statement reduces the GAAP
hierarchy to two (2) categories of authoritative GAAP and addresses the use of
authoritative and non‐authoritative literature in the event that the accounting treatment
for a transaction or other event is not specified within a source of authoritative GAAP.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 24
The requirements in this statement improve financial reporting by: (1) raising the category
of GASB Implementation Guides in the GAAP hierarchy, thus providing the opportunity for
broader public input on implementation guidance; (2) emphasizing the importance of
analogies to authoritative literature when the accounting treatment for an event is not
specified in authoritative GAAP; and (3) requiring the consideration of consistency with the
GASB Concepts Statements when evaluating accounting treatments specified in non‐
authoritative literature. As a result, governments will apply financial reporting guidance with
less variation, which will improve the usefulness of financial statement information for
making decisions and assessing accountability and enhance the comparability of financial
statement information among governments.
f) Statement No. 77, Tax Abatement Disclosures was issued in August of 2015, and is
effective for financial statements for periods beginning after December 15, 2015 resulting
in the City’s fiscal year ending September 30, 2017. This statement requires governments
that enter into tax abatement agreements to disclose the following information about the
agreements:
Brief descriptive information, such as the tax being abated, the authority under which
tax abatements are provided, eligibility criteria, the mechanism by which taxes are
abated, provisions for recapturing abated taxes, and the types of commitments made
by tax abatement recipients.
The gross dollar amount of taxes abated during the period.
Commitments made by a government, other than to abate taxes, as part of the tax
abatement agreement.
Governments should organize those disclosures by major tax abatement program and may
disclose information for individual tax abatement agreements within those programs.
The disclosures required by Statement No. 77 are new and unusual for the City’s financial
reporting and we recommend City officials begin reviewing any existing agreements now to
see how they may be impacted by Statement No. 77 and for those that will be required to
be disclosed, we recommend City officials begin compiling this information for
presentation in the CAFR for the fiscal year ended September 30, 2017.
g) Statement No. 80, Blending Requirements for Certain Component Units an amendment of
GASB Statement No. 14 was issued in January of 2016, and is effective for financial
statements for periods beginning after June 15, 2016 resulting in the City’s fiscal year
ending September 30, 2017.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 25
This statement amends the blending requirements for the financial presentation of
component units of all state and local governments. The additional criterion requires
blending of a component unit incorporated as a not‐for‐profit corporation in which the
primary government is the sole corporate member. The additional criterion does not apply
to component units included in the financial reporting entity pursuant to the provisions of
GASB Statement No. 39.
h) Statement No. 81, Irrevocable Split‐Interest Agreements was issued in March of 2016, and is
effective for financial statements for periods beginning after December 15, 2016 resulting in
the City’s fiscal year ending September 30, 2017.
Irrevocable split‐interest agreements (which are prevalent at colleges and universities)
whereby split‐interest agreements in which an asset is given to a government in trust.
During the stated term of the trust the income generated by the trust goes to the donor and
when the trust ends then the assets become the governments. We do not expect this
pronouncement to affect the financial reporting of the City.
i) Statement No. 82, Pension Plans was issued in April 2016, and is effective for the first
reporting period in which the City’s pension plan measurement date is on or after June 15,
2017. No real significant matters noted in this standard which addresses:
Presentation of payroll‐related measures in the Required Supplementary
Information of the annual audited financial report. Covered payroll is defined as the
payroll on which contributions are based.
Selection of actuarial assumptions. Any deviation from guidance of Actuarial
Standards Board is not in conformity with GASB No. 67 & 68.
Classification of payments made by employers to satisfy contribution requirements:
- Payments made by employer to satisfy contribution requirements that are
identified as plan member contributions should be classified as “plan
member contributions” for GASB No. 67, and as “employee contributions”
for GASB No. 68.
- Expense to be classified as other compensation elements.
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 26
j) Other Pending or Current GASB Projects. As noted by the numerous pronouncements
issued by GASB over the past decade, the GASB continues to research various projects of
interest to governmental units. Subjects of note include:
Fiduciary responsibilities and new definitions for fiduciary funds and use of
whether a government has “control” and who benefits to determine accounting as
fiduciary. Final standard expected in 2017.
Capital leases or operating leases continues to be a hot topic. Looking into
whether all leases should be treated the same way. Final standard expected in
2017.
Conceptual Framework is a constant matter being looked at by GASB. Current
measurement focus statements (for governmental funds) to change to near‐term
financial resources measurement. May dictate a period (such as 60 days) for
revenue and expenditure recognition. May expense thing such as supplies and
prepaid assets at acquisition. Will look into which balances (at all statement levels)
are measured at acquisition and which need to be re‐measured at year‐end.
Project placed on hold for now.
Economic Condition Reporting is another long‐term matter being looked into by
GASB. Includes presentation of information on fiscal sustainability (including
projections). Tabled for now pending resolution to issues raised on GASBs scope.
2) Single Audit Standards
There continues to be changes to auditing standards relative to the conduct and reporting of
Single Audits. This year’s financial and compliance audit recognized the implementation of the
new Uniform Grant Guidance (UG) which included significant changes to cost principles and other
requirements for auditees receiving federal funds.
These changes are driven based on the grant award date as awarded by the federal agency. As
such, auditors and auditees will follow requirements from both the “old” and “new” guidance for a
few years to come.
Beginning with fiscal years ending December 31, 2015, additional changes to audit requirements
will be effective. These include changes to the:
Threshold requiring a Single Audit (from $500,000 to $750,000);
Major program thresholds; and
Percentage coverage thresholds (for low risk from 25% to 20%
and for high risk from 50% to 40%).
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 27
Summations of Thoughts Noted Above
We believe the implementation of these suggestions will enhance both the control environment
and the financial reporting process, making both more effective. We also believe these
recommendations can be easily implemented, and all problems resolved quite timely should
management elect to employ the corrective measures.
FREE QUARTERLY CONTINUING EDUCATION
AND NEWSLETTERS FOR GOVERNMENTAL CLIENTS
Free Continuing Education. We provide free continuing education (quarterly is the goal and
objective) for all of our governmental clients. Each quarter we pick a couple of significant topics
tailored to be of interest to governmental entities. In an effort to accommodate our entire
governmental client base, we offer the sessions several times per quarter at a variety of client
provided locations resulting in greater networking among our governmental clients. We normally
see approximately 100 people per quarter. We obtain the input and services of experienced
outside speakers along with providing the instruction utilizing our in‐house professionals. We
hope City staff and officials have been able to participate in this opportunity, and that it has been
beneficial to you. Examples of subjects addressed in the past few quarters include:
Accounting for Debt Issuances
American Recovery & Reinvestment Act (ARRA) Updates
Best Budgeting Practices, Policies and Processes
CAFR Preparation (several times including a two (2) day hands‐on course)
Capital Asset Accounting Processes and Controls
Collateralization of Deposits and Investments
Evaluating Financial and Non‐Financial Health of a Local Government
GASB No. 51, Intangible Assets
GASB No. 54, Governmental Fund Balance (subject addressed twice)
GASB No. 60, Service Concession Arrangements (webcast)
GASB No. 61, the Financial Reporting Entity (webcast)
GASB No.’s 63 & 65, Deferred Inflows and Outflows (webcast)
GASB No.’s 67 & 68, New Pension Stds. (presented several occasions)
GASB Updates (ongoing and several sessions)
Grant Accounting Processes and Controls
Internal Controls Over Accounts Payable, Payroll and Cash Disbursements
Internal Controls Over Receivables & the Revenue Cycle
Internal Revenue Service (IRS) Issues, Primarily Payroll Matters
Legal Considerations for Debt Issuances & Disclosure Requirements
Policies and Procedures Manuals
City of Milton, Georgia
Auditor’s Discussion & Analysis (AD&A)
September 30, 2016
Page 28
Segregation of Duties
Single Audits for Auditees
Special Purpose Local Option Sales Tax (SPLOST) Accounting, Reporting &
Compliance
Uniform Grant Reporting Requirements and the New Single Audit
Governmental Newsletters. We periodically produce newsletters tailored to meet the needs of
governments. The newsletters have addressed a variety of subjects and are intended to be timely
in their subject matter. The newsletters are authored by Mauldin & Jenkins partners and
managers, and are not purchased from an outside agency. The newsletters are intended to keep
you informed of current developments in the government finance environment.
Communication. In an effort to better communicate our free continuing education plans and
newsletters, please email Paige Vercoe at pvercoe@mjcpa.com (send corresponding copy to
afraley@mjcpa.com), and provide to her individual names, mailing addresses, email addresses and
phone numbers of anyone you wish to participate and be included in our database.
CLOSING
We believe the implementation of these suggestions will enhance both the control environment
and the financial reporting process, making both more effective. We also believe these
recommendations can be easily implemented, and all problems resolved quite timely should
management elect to employ the corrective measures. If you have any questions regarding any
comments, suggestions or recommendations set forth in this memorandum, we will be pleased to
discuss it with you at your convenience.
This information is intended solely for the use of the City’s management, and others within the
City’s organization and is not intended to be and should not be used by anyone other than these
specified parties.
We appreciate the opportunity to serve the City of Milton, Georgia and look forward to serving the
City in the future. Thank you.
2/3/2017
11:17 AM
Client:0301647 - City of Milton, Georgia
Engagement:1647-16 - City of Milton, Georgia
Period Ending:9/30/2016
Trial Balance:0200.100 - General Fund Trial Balance
Workpaper:0204.100 - General Fund - Adjusting Journal Entries Report
Account Description W/P Ref Debit Credit
Adjusting Journal Entries JE # 1 PBC
100-0000-1137001 INVENTORIES/PARKS & RECREATION CONCESSIONS 427.70
100-0000-3472044 WANNA PLAY BASEBALL CONCESSIONS STAND 427.70
Total 427.70 427.70
Adjusting Journal Entries JE # 2 PBC
100-0000-1219030 DUE TO CAPITAL GRANT FUND 1,484,203.69
100-0000-1131070 DUE FROM CAP GRANT FUND 1,484,203.69
Total 1,484,203.69 1,484,203.69
Adjusting Journal Entries JE # 3 PBC
100-0000-1111000 CASH IN BANK POOLED 26,700.96
100-0000-3912060 CAPITAL PROJECTS-IMPACT FEE FUND/ADMIN 26,700.96
Total 26,700.96 26,700.96
To reclass negative inventory off the balance sheet.
To net down due to/from with the Capital Grant Fund.
To transfer impact fee cash to other funds.
1 of 1
2/28/2017
3:16 PM
Client:0301647 - City of Milton, Georgia
Engagement:1647-16 - City of Milton, Georgia
Period Ending:9/30/2016
Trial Balance:0200.215 - E911 Database
Workpaper:0204.215 - Adjusting Journal Entries Report
Account Description W/P Ref Debit Credit
Adjusting Journal Entries JE # 1 PBC
215-3210- CONTRACTED/PUBLIC SAFETY COMMUNICATIONS 43,626.00
215-9000- OPERATING TRANSFER OUT TO CAPITAL PROJECTS FUND 43,626.00
Total 43,626.00 43,626.00
Adjusting Journal Entries JE # 2 5501.000
215-3210-523850100 MAINTENANCE CONTRACTS 215,159.00
215-0000-1211099 MISCELLANEOUS PAYABLE 215,159.00
Total 215,159.00 215,159.00
To reclass E911 portion of North Fulton Radio system.
To accrue additional amount owed to City of Alpharetta for E911 services.
1 of 1
2/3/2017
11:18 AM
Client:0301647 - City of Milton, Georgia
Engagement:1647-16 - City of Milton, Georgia
Period Ending:9/30/2016
Trial Balance:0200.300 - Capital Projects Trial Balance
Workpaper:0204.300 - Capital Projects - Adjusting Journal Entries Report
Account Description W/P Ref Debit Credit
Adjusting Journal Entries JE # 1 PBC
300-4101-WEBB RD TURN LANES 84,525.00
300-4101-PAVEMENT MANAGEMENT 84,525.00
Total 84,525.00 84,525.00
Adjusting Journal Entries JE # 2 PBC
300-0000-3912040 E-911 FUND 43,626.00
300-3210-CONTRACTED/PUBLIC SAFETY COMMUNICATIONS 43,626.00
Total 43,626.00 43,626.00
Adjusting Journal Entries JE # 3 PBC
300-0000-1111000 CASH IN BANK POOLED 5,951.43
300-0000-3912061 IMPACT FEE FUND/LAW ENFORCEMENT 193.08
300-0000-3912062 IMPACT FEE FUND/FIRE 1,106.67
300-0000-3912063 IMPACT FEE FUND/ROAD 1,380.53
300-0000-3912064 IMPACT FEE FUND/PARK 3,271.15
Total 5,951.43 5,951.43
To reclass accounts.
To reclass E911 portion of North Fulton Radio System
To transfer impact fee cash to other funds
1 of 1
2/3/2017
11:18 AM
Client:0301647 - City of Milton, Georgia
Engagement:1647-16 - City of Milton, Georgia
Period Ending:9/30/2016
Trial Balance:0200.340 - Capital Grant Trial Balance
Workpaper:0204.340 - Capital Grant Fund - Adjusting Journal Entries Report
Account Description W/P Ref Debit Credit
Adjusting Journal Entries JE # 1 PBC
340-0000-1219010 DUE TO GENERAL FUND 1,484,203.69
340-0000-1131010 DUE FROM GENERAL FUND 1,484,203.69
Total 1,484,203.69 1,484,203.69
To net down due to/from with the General Fund.
1 of 1
2/3/2017
11:18 AM
Client:0301647 - City of Milton, Georgia
Engagement:1647-16 - City of Milton, Georgia
Period Ending:9/30/2016
Trial Balance:0200.350 - Capital Projects - Impact Fees Database
Workpaper:0204.350 - Impact Fees Fund - Adjusting Journal Entries Report
Account Description W/P Ref Debit Credit
Adjusting Journal Entries JE # 1 PBC
350-9000-611101001 OP TRF OUT TO CAPITAL PROJ FUND/LAW ENFORCEMENT193.08
350-9000-611101002 OP TRF OUT TO CAPITAL PROJ FUND/FIRE 1,106.67
350-9000-611101003 OP TRF OUT TO CAPITAL PROJ FUND/ROAD 1,380.53
350-9000-611101004 OP TRF OUT TO CAPITAL PROJ FUND/PARK 3,271.15
350-9000-611103000 OPERATING TRANSFER OUT TO GENERAL FUND 26,700.96
350-0000-1111000 CASH IN BANK POOLED 32,652.39
Total 32,652.39 32,652.39
To transfer out fund balance.
1 of 1
TO:
FROM:
MILTONj
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 6, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of ZM17-01 - 14505 Batesville Road zoned AG -1
with Use Permit by LRF Milton, LLC (Little River Farms) To
modify conditions 2.a AND 3.b (U 14-02) for relocation of
parking lot and additional driveway to additional parking lot.
MEETING DATE: Monday, April 10, 2017 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: () YES (,ANO
CITY ATTORNEY REVIEW REQUIRED: () YES W"N' O
APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 04h0)20f"1
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
Page 1 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
ZM17-01
PROPERTY INFORMATION
ADDRESS 14505 Batesville Road
DISTRICT, LAND LOT 2/2, 662 and 707
OVERLAY DISTRICT Rural Milton Overlay
EXISTING ZONING AG-1 (Agricultural) and Use Permits U14-02 for a Rural Event
Facility and U14-01 for a Bed and Breakfast
ACRES 47.7
EXISTING USE Rural Event Facility and a Bed and Breakfast
OWNER The George H. Ivey Jr. Dynasty Trust
14505 Batesville Road
Milton, GA 30004
APPLICANT LRF Milton, LLC
8399 Dunwoody Place, Building 6, Suite 200
Sandy Springs, GA 30350
REPRESENTATIVE Richard A. Kaye
1555 Peachtree Street NE, Suite. 850
Atlanta, Georgia 30309
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM17-01 - DENIAL
The proposed request to revise the site plan associated with Conditions 2.a. and 3.b. to
reflect the additional driveway and additional parking should be denied.
ZM17-01 – APPROVAL CONDITIONAL
Conditions 2.a. and 3.b. only for relocated parking near the pavilion and bed and
breakfast in the northwest portion of property.
INTENT
To modify conditions 2.a. and 3.b. (U14-02) for relocation of parking lot and additional
driveway to additional parking lot.
Page 2 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
LOCATION MAP
Page 3 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
CURRENT ZONING
Page 4 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
U14-02 – Site Plan Submitted August 19, 2004
Page 5 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
U14-02 – Site Plan Submitted August 19, 2004 (Detailed)
Page 6 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
Revised Site Plan Submitted on April 4, 2017
Page 7 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
Enlarged view of Revised Site Plan Submitted April 4, 2017
Page 8 of 13
ZM17-01 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 24, 2017 (First Presentation April 10, 2017)
4/6/2017
History and Background
The subject site is zoned AG-1 (Agricultural) and developed with a 10,500 square foot
single family residence and other accessory structures built between 1910 and the
present on 47.7 acres. The Mayor and City Council approved a Use Permit for a Rural
Event Facility on September 22, 2014 pursuant to U14-02. There is also an existing 2,748
atrium (pavilion) that has served as the primary location for events since the inception of
the business. At the time of the approval of the event facility, the applicant, Staff and the
surrounding neighborhoods proposed specific conditions regarding the days, times and
amount of noise permitted for the facility. In addition, the Mayor and City Council
approved a Use Permit for a 4 bedroom bed and breakfast on August 18, 2014 pursuant
to U14-01. The bed and breakfast is utilized to accommodate guests using the event
facility.
The applicant is requesting to 1) the relocation of existing main parking as previously
indicated on the Site Plan submitted August 19, 2014; 2) an additional, smaller parking lot
on the Property and; 3) an additional driveway to a point of ingress and ingress to the
Property site.
CZIM Meeting – March 28, 2017
The applicant was present with their representative at the meeting. There were six
neighbors who were also present. The majority of the neighbors live in Valmont Subdivision
located on the south side of Taylor Road. They were concerned about the proposed new
parking and conversion of a barn that has been previously utilized as a horse barn to an
additional event space and the use of an existing driveway from Batesville to be utilized
for the converted barn. In addition, the neighbors voiced concern over the existing noise
from the event facility and if an additional event space is located even closer to the
subdivision, its impact of noise and lights.
The applicant responded that the Use Permit already contemplated all the buildings used
as a rural event facility and it was not an issue. The applicant stated that they were
planning to close up the barn doors that face Taylor Road so that noise would not emit
from that direction. In addition, they agreed to relocate the driveway in such a manner
to so that the headlights from cars would not directly impact the homes adjacent to
Taylor Road. Since the time of the meeting, the applicant has proposed more stringent
hours of operation for the barn to be Friday through Saturday hours shall be 9:00 a.m. to
10:00 p.m. with music ending no later than 10:00 p.m.
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Current Request – ZM17-01
Proposed Modification to Conditions (U14-02)
1) To the owner’s agreement to restrict the use of the subject property as follows:
a) A rural event facility.
b) The number of attendees shall not exceed 250 people for any single event.
c) The hours of operation shall be the following:
i. Friday through Saturday, 9:00 a.m. to 11:00 p.m., music ends no later
than 11:00 pm, Maximum 45 dBA one hour prior to music ending.
Alcohol ceases service 15 minutes before music ending. Facility closes
at midnight.
ii. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no later
than 10:00 pm, Maximum 45 dBA one hour prior to music ending.
Alcohol ceases service 15 minutes before music ending. Facility closes
at 11:00 pm.
iii. Amplified sound of music shall be located within the enclosed portion
of the atrium.
iv. All deliveries shall enter off of Batesville Road.
v. When portable toilets are used, they shall not be viewed from
Batesville Road and Taylor Road.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development Department
on April 4, 2017 August 19, 2014. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Ordinance, all other
applicable City ordinances and these conditions prior to the approval of a
Land Disturbance Permit. In the event the Recommended Conditions of
Zoning cause the approved site plan to be substantially different, the
applicant shall be required to complete the concept review procedure prior
to application for a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
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a) A 10,536 square foot structure, a 4,296 square foot atrium, and all other
buildings shall not be expanded in size as depicted on the revised site plan
received by the Community Development Department on August 19, 2014.
b) The location and number of parking spaces shall be as depicted on the
revised site plan received on April 4, 2017 August 19, 2014. All events with
more than 75 attendees shall be required to have valet service and provide
a minimum of one off-duty police officer for such events.
4) To the owner’s agreement to abide by the following requirements, dedication
and improvements:
a) Access to the site shall be subject to the approval of City of Milton Public
Works Department, prior to the issuance of a Business License, Land Disturbance
Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first).
Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places
of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria
as required by the Department of Public Works. At a minimum the following shall
apply:
i. Driveway(s) shall meet required intersection sight distance and shall be
certified by professional engineer
ii. Driveway(s) shall be improved within the right of way.
Analysis and Recommendation
The proposed revised site plan to show the location of existing parking for the primary
meeting area by the house and pavilion is supported by the Staff, as it shows the actual
location of parking versus the site plan submitted in 2014 which is inaccurate.
The applicant is proposing a new parking area and associated hardscape/landscape
improvements and utilization of an existing driveway on Batesville Road near the
intersection of Batesville and Taylor Roads to serve the barn which has been utilized in the
past as a horse barn.
Although the conditions of U14-02 include all of the buildings (but the foot print of the
structures shall not be expanded) within the legal description of the site, the barn to be
converted into an event space was not contemplated or discussed at the time of the
Planning Commission Meeting or City Council Meeting held in 2014. It is Staff’s opinion
that based on the location of the barn, which is approximately 375 feet from the
centerline of Taylor Road and 615 feet to the nearest home in Valmont and the change
of the use of the barn from a horse barn to an event venue, the proposed request to
revise the site plan associated with Conditions 2.a. and 3.b. to reflect the additional
driveway and parking should be denied.
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Staff is in support of the request to revise the site plan associated with Conditions 2.a. and
3.b. to reflect only the relocated parking lot that is utilized by the pavilion and main house
within the northern portion of the site.
Staff notes that the applicant requested a modification to 4.a. regarding the driveway. It
has been determined that this modification is not needed even if the Mayor and City
Council choose to approve the additional use of the driveway to the barn.
It is Staff’s opinion that the proposed site plan modifications will negatively impact the
adjoining properties and modifies a structure that was not contemplated to utilize as an
event space. Therefore, the proposed request to revise the site plan associated with
Conditions 2.a. and 3.b. to reflect the additional driveway and additional parking should
be DENIED.
Staff does support the site plan modification to relocate the primary parking lot
associated with the pavilion and house that contains the bed and breakfast. Therefore,
Staff recommends APPROVAL CONDITIONAL of ZM17-01 as reflected in the
Recommended Conditions below.
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RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended conditions
(U14-02) should be revised to read as follows:
1) To the owner’s agreement to restrict the use of the subject property as follows:
a) A rural event facility.
b) The number of attendees shall not exceed 250 people for any single event.
c) The hours of operation shall be the following:
i. Friday through Saturday, 9:00 a.m. to 11:00 p.m., music ends no later
than 11:00 pm, Maximum 45 dBA one hour prior to music ending.
Alcohol ceases service 15 minutes before music ending. Facility closes
at midnight.
ii. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no later
than 10:00 pm, Maximum 45 dBA one hour prior to music ending.
Alcohol ceases service 15 minutes before music ending. Facility closes
at 11:00 pm.
iii. Amplified sound of music shall be located within the enclosed portion
of the atrium.
iv. All deliveries shall enter off of Batesville Road.
v. When portable toilets are used, they shall not be viewed from
Batesville Road and Taylor Road.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development Department
on April 4, 2017 to only modify the location of parking to the northwest
portion of the site near the pavilion and house used as a bed and breakfast
August 19, 2014. Said site plan is conceptual only and must meet or exceed
the requirements of the Zoning Ordinance, all other applicable City
ordinances and these conditions prior to the approval of a Land Disturbance
Permit. In the event the Recommended Conditions of Zoning cause the
approved site plan to be substantially different, the applicant shall be
required to complete the concept review procedure prior to application for
a Land Disturbance Permit. Unless otherwise noted herein, compliance with
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all conditions shall be in place prior to the issuance of the first Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) A 10,536 square foot structure, a 4,296 square foot atrium, and all other
buildings shall not be expanded in size as depicted on the revised site plan
received by the Community Development Department on August 19, 2014.
b) The location and number of parking spaces shall be as depicted on the
revised site plan received on April 4, 2017 to only modify the location of
parking to the northwest portion of the site near the pavilion and house used
as a bed and breakfast August 19, 2014. All events with more than 75
attendees shall be required to have valet service and provide a minimum of
one off-duty police officer for such events.
4) To the owner’s agreement to abide by the following requirements, dedication
and improvements:
a) Access to the site shall be subject to the approval of City of Milton Public
Works Department, prior to the issuance of a Business License, Land Disturbance
Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first).
Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places
of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria
as required by the Department of Public Works. At a minimum the following shall
apply:
iii. Driveway(s) shall meet required intersection sight distance and shall be
certified by professional engineer
iv. Driveway(s) shall be improved within the right of way.
Active/44754270.2
LETTER OF INTENT
Modification of Rural Event Facility Special Use Permit (Milton Code Section 64-1842)
Applicant: LRF Milton LLC1
Property Address: 14505 Batesville Rd. Tax PIN: 22-3650-0661-005-0
Milton, GA 30004
Reference: Ordinance No. U14-02 (14-09-218)
Ordained September 22, 2014
Modifications Requested for Recommended Conditions Sections 2a), 3b) and 4a).
Reason for Modification: This Application for Modification is being filed by the Applicant, LRF Milton
LLC to request modifications to the Recommended Conditions of Ordinance No. U14-02 to
accommodate (i) the relocation of existing main parking as previously indicated on the Site Plan
submitted August 19, 2014, (ii) an additional, smaller parking lot on the Property and (iii) an additional
driveway to a point of ingress and ingress to the Property site.
Modifications Sought: The Applicant is seeking the following modifications to the Recommended
Conditions of Ordinance No. U14-02:
1. Modification by Substitution of Site Plan referenced in Recommended Condition 2)a). Replace
the Site Plan dated August 19, 2014 (“Original Site Plan”) with the Site Plan dated August 18,
2016 submitted herewith (“Revised Site Plan”).
2. Modification of Recommended Conditions 3)b).
Relocation of Main Parking Area: In order to lessen the impact from headlights shinning into the
homes of the residents of Taylor Estates (Subdivision located to the north of the Property)
Applicant provided for guest/valet parking below the driveway, in the lower field on the western
side of the Property. The new location is marked on the Revised Site Plan. Applicant requests
that the main parking for the site be relocated from the location indicated on the Original Site
Plan to the new location indicated on the Revised Site Plan in order to be less intrusive to the
Property’s neighbors to the north.
3. Additional Modification of Recommended Conditions 3)b).
Additional Parking Area: Applicant has been contacted by numerous potential clients who
require a smaller venue for events such as birthday parties, family gatherings and small
weddings. In order to accommodate such requests and be financially feasible, Applicant intends
to renovate the existing barn structure (which barn structure is included on the Original Site
Plan and approved by Ordinance No. U14-02) to provide for such smaller events.2 To facilitate
1 The Applicant, LRF Milton LLC is a limited liability company wholly owned by beneficiaries/or their spouses, of the
Property owner, the George Hoyle Ivey Jr. Dynasty Trust.
2 The Applicant will work with the City of Milton to obtain a Certificate of Occupancy for the barn prior to event
related use.
Active/44754270.2
parking for such smaller events, Applicant requests that an additional smaller parking lot be
located just west of the barn as indicated on the Revised Site Plan.
4. Modification of Recommended Condition 4)a)
Additional Driveway to the Barn Site Parking: In order to provide for safe and direct access by
guests to the barn parking lot, Applicant requests that a new driveway as set forth on the
Revised Site Plan be included in the Ordinance at the entry point previously indicated on the
Original Site Plan and located on Batesville Road just West of Taylor Road.3
5. Voluntary Additional Condition to Adjust Hours of Operation for the Barn Facility: Applicant
agrees to limit the weekend hours of operation for the Barn facility location by modifying
Condition 1)c) i as follows:
The Friday through Saturday hours of operation for the Barn facility location shall be
9:00 AM to 10:00 PM4, music ends no later than 10:00 PM. Alcohol ceases service 15
minutes before music ending, Facility closes at 11 PM. Amplified music shall be
located within the Barn.
The remaining recommended conditions of Section 1)c) will apply to the Barn facility
location.
Applicants’ Pledge: Applicant will continue to be a good steward of the Property and neighbor. Over
the past two years, Applicant has made a concerted effort to resolve all of the concerns that were raised
during its original application process, and has conformed its use of the Property to the Ordinance’s
requirements and conditions and Code of the City of Milton.
3 The relocation for this driveway has been revised to address comments made during the Community
Informational Meeting.
4 The earlier Friday through Saturday hours of operation for the Barn facility are offered voluntarily to address
comments made during the Community Informational Meeting
ORDINANCE NO.
PETITION NO. ZM17-01
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO MODIFY CONDITIONS 2.a., 3.b., AND 4.a. OF AN ORDINANCE OF THE
CITY OF MILTON, U14-02 PROPERTY LOCATED AT 14505 BATESVILLE ROAD WITHIN LAND
LOTS 662 AND 707 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY
47.7 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on April 24, 2017 at 6:00 p.m. as follows:
SECTION 1. That the condition of an Ordinance, approved on September 22,
2014, for petition U14-02 that approved a Use Permit for a Rural Event Facility (Section
64-1842), property located at 14505 Batesville consisting of a total of approximately
47.7 acres, attached hereto and made a part herein;
SECTION 2. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance (ZM17-01). Any conditions hereby
approved (including any site plan) do not authorize the violation of any district
regulations; and
SECTION 3. That all ordinances or part of ordinances in conflict with the terms of
this ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor
and City Council and the signature of approval of the Mayor.
ORDAINED this 24th day of April, 2017.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended
conditions (U14-02) should be revised to read as follows:
1) To the owner’s agreement to restrict the use of the subject property as follows:
a) A rural event facility.
b) The number of attendees shall not exceed 250 people for any single
event.
c) The hours of operation shall be the following:
i. Friday through Saturday, 9:00 a.m. to 11:00 p.m., music ends no later
than 11:00 pm, Maximum 45 dBA one hour prior to music ending.
Alcohol ceases service 15 minutes before music ending. Facility
closes at midnight.
ii. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no
later than 10:00 pm, Maximum 45 dBA one hour prior to music
ending. Alcohol ceases service 15 minutes before music ending.
Facility closes at 11:00 pm.
iii. Amplified sound of music shall be located within the enclosed
portion of the atrium.
iv. All deliveries shall enter off of Batesville Road.
v. When portable toilets are used, they shall not be viewed from
Batesville Road and Taylor Road.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on April 4, 2017 to only modify the location of parking to the
northwest portion of the site near the pavilion and house used as a bed
and breakfast August 19, 2014. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all other
applicable City ordinances and these conditions prior to the approval of
a Land Disturbance Permit. In the event the Recommended Conditions of
Zoning cause the approved site plan to be substantially different, the
applicant shall be required to complete the concept review procedure
prior to application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) A 10,536 square foot structure, a 4,296 square foot atrium, and all other
buildings shall not be expanded in size as depicted on the revised site
plan received by the Community Development Department on August
19, 2014.
b) The location and number of parking spaces shall be as depicted on the
revised site plan received on April 4, 2017 to only modify the location of
parking to the northwest portion of the site near the pavilion and house
used as a bed and breakfast August 19, 2014. All events with more than
75 attendees shall be required to have valet service and provide a
minimum of one off-duty police officer for such events.
4) To the owner’s agreement to abide by the following requirements, dedication
and improvements:
a) Access to the site shall be subject to the approval of City of Milton Public
Works Department, prior to the issuance of a Business License, Land Disturbance
Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first).
Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public
Places of the City of Milton Code of Ordinances, or be reconstructed to meet
such criteria as required by the Department of Public Works. At a minimum the
following shall apply:
i. Driveway(s) shall meet required intersection sight distance and shall be
certified by professional engineer
ii. Driveway(s) shall be improved within the right of way.
Revised Site Plan Submitted April 4, 2017 (Detailed plan)
Revised Site Plan Submitted April 4, 2017
, "- - ;-1 '�' I
Pr
ESTABLISHED 2006
TO: City Council DATE: April 6, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Z 17-02/VC17- 2 980 Birmingham Road
zoned C-1 and AG -1 by The Contineo Group To modify
condition 2.a. (2004Z-0043) to modify site plan for additional
parking and move dumpster pad and a concurrent variance
to allow parking past the building (Sec. 64-1323(a)).
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: O YES ( O
CITY ATTORNEY REVIEW REQUIRED: O YES vi� o
APPROVAL BY CITY ATTORNEY. O APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0(f /I r4 7
2006 Heritage Walk Milton, GA P: 678.242.25001 F. 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
Page 1 of 8
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ZM17-02/VC17-02
PROPERTY INFORMATION
ADDRESS 980 Birmingham Road
DISTRICT, LAND LOT 2/2, 380
OVERLAY DISTRICT Birmingham Crossroads
EXISTING ZONING C-1 (Community Business) and AG-1 (Agricultural) (2004Z-043)
ACRES 19.92
EXISTING USE Shopping Center
OWNER Suso 4 Birmingham LP c/o Slate, Asset Management
Allen Gordon
121 King Street West, Suite 200
Tornonto, Onatario M5H359
APPLICANT The Contineo Group
Jason Lawson
3081 Holcomb Bridge Road
Norcross, GA 30071
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM17-02 – APPROVAL CONDITIONAL
VC17-02 - WITHDRAWAL
INTENT
To modify condition 2.a. (2004Z-0043) to modify site plan for additional parking and move
dumpster pad and a concurrent variance to allow parking past a building (Sec 64-1323(a)).
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LOCATION MAP
Page 3 of 8
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CURRENT ZONING
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2004Z-043 – Site Plan Submitted October 28, 2004
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Revised Site Plan submitted February 28, 2017
Page 6 of 8
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History and Background
The subject site was rezoned from C-1 (Community Business) and AG-1 (Agricultural) on
November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of
three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject
site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional).
The final conditions approved for all three quadrants were derived from numerous
meetings between the original developer, AG Armstrong and the community using the
Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan)
which was approved by the Fulton County Board of Commissioners on March 3, 2004. In
addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was
approved on March 3, 2004. This newly created overlay also guided the ultimate
outcome of what was approved for the three quadrants of Birmingham Crossroads.
The central premise of both the Plan and the Overlay was that the Birmingham
Crossroads should be a neighborhood node consisting of 27.1 acres which at that time
recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet
of office uses, and up to five (5) residential units per acre.
Since the time of the rezoning in 2004, the northeast quadrant has been developed as
approved.
CZIM Meeting – March 28, 2017
The applicant was present at the meeting and there were no members of the community
present. Staff has received two phone calls inquiring about the request. Once it was
explained what the applicant was requesting, they indicated support of the change.
Current Request – ZM17-02/VC17-02
The applicant is requesting to modify Condition 2a. to revise the site plan dated October
28, 2004 pursuant to 2004Z-043 with the revised site plan received on February 28, 2017.
The purpose of the modification is to provide additional parking and to provide an
additional access to the internal driveway that accesses Birmingham Road. It is the
applicant’s goal to provide easier access to the businesses in the southwest portion of the
site. To achieve this, the applicant proposes to delete three parking spaces and add
eight parking spaces for a net increase of five. In addition, the dumpster will be
relocated. This is accomplished by decreasing the village green area from 23,567 square
feet to 16,507 square feet (for a reduction of 7,060 square feet). The site plan also
indicates removing seven (7) 6-8” DBH hardwood trees and replanting 11 trees.
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Proposed Modification to Conditions (2004Z-043)
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department the Department of Environment and Community Development
on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z-
0116 NFC combined). Said site plan is conceptual only and must meet or
exceed the requirements of the Zoning Resolution and these conditions prior
to the approval of a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy.
Analysis and Recommendation
Staff notes that the Birmingham Crossroads Overlay District requires a “Village Green”
within the northeast quadrant to be a minimum of 13,000 square feet in size. With the
proposed changes, the site plan provides for 16,507 square feet. Therefore, the site
remains in compliance with this requirement. Staff notes that the applicant proposes to
replace the trees to be removed as well as an additional four trees for a total of 11
hardwood trees. Based on the reduction of the village green and deletion of mature
hardwoods, Staff proposes a condition to provide a minimum of two benches or picnic
tables and a trash receptacle within the village green. In addition, the placement of the
new trees on the site shall be approved by the City Arborist. The design and placement of
the outdoor furniture and trash receptacle shall be approved by the Design Review
Board.
Although the placement of the new driveway does not meet Chapter 48 requirement of
100 feet from the Birmingham Road, the proposed location of the new driveway into the
main drive is aligned with the driveway entrance on the east side of the main drive. In
addition, it appears provide sufficient distance from Birmingham Road for cars entering
and exiting the site based on the existing uses within the shopping center.
It is Staff’s opinion that the proposed site plan modification does not negatively impact
the existing development and meets the intent of the Birmingham Crossroads Overlay. In
addition, these improvements may further enhance the usability of this quadrant of the
Birmingham Crossroads. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM17-
02.
Based on the location of the proposed additional parking, it appears that it meets the
requirements of the Birmingham Crossroads Overlay District which states “Parking lots shall
be located behind and to the side of a building.” Therefore, Staff recommends that
VC17-02 be WITHDRAWN.
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RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended conditions
(ZM14-06) should be revised to read as follows:
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department the Department of Environment and Community Development
on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z-
0116 NFC combined). Said site plan is conceptual only and must meet or
exceed the requirements of the Zoning Resolution and these conditions prior
to the approval of a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy.
3. To the owner’s agreement to the following site development considerations:
e. Within the “Village Green” in the northeast quadrant, provide a minimum of
two benches or two picnic tables which shall be timber form construction or
as approved by the Design Review Board.
f. Provide one trash receptacle within the “Village Green” in the northeast
quadrant as approved by the Design Review Board.
g. The number and type of trees planted within the area of construction as
depicted on the site plan received on February 28, 2017 and within the
“Village Green” in the northeast quadrant shall be approved by the City
Arborist
ORDINANCE NO.
PETITION NO. ZM17-02/VC17-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO MODIFY CONDITION 2.A. OF A RESOLUTION OF FULTON COUNTY,
2004Z-043 PROPERTY LOCATED 980 BIRMINGHAM ROAD WITHIN LAND LOT 380, 2ND
DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 19.92 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on April 24, 2017 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of
Commissioners, approved on November 3, 2004, for petition 2004Z-043 that approved
a zoning to C-1 (Community Business) and AG-1 (Agricultural) Conditional, property
located at 980 Birmingham Road consisting of a total of approximately 19.92 acres,
attached hereto and made a part herein;
SECTION 2. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance (ZM17-02). Any conditions hereby
approved (including any site plan) do not authorize the violation of any district
regulations; and
SECTION 3. That all ordinances or part of ordinances in conflict with the terms of
this ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor
and City Council and the signature of approval of the Mayor.
ORDAINED this 24th day of April, 2017.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended
conditions (ZM17-02) should be revised to read as follows:
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department the Department of Environment and Community
Development on February 28, 2017 October 28, 2004 (Petitions 2004Z-043
NFC and 2004Z-0116 NFC combined). Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning Resolution and
these conditions prior to the approval of a Land Disturbance Permit. Unless
otherwise noted herein, compliance with all conditions shall be in place
prior to the issuance of the first Certificate of Occupancy.
3. To the owner’s agreement to the following site development considerations:
e. Within the “Village Green” in the northeast quadrant, provide a minimum
of two benches or two picnic tables which shall be timber form
construction or as approved by the Design Review Board.
f. Provide one trash receptacle within the “Village Green” in the northeast
quadrant as approved by the Design Review Board.
g. The number and type of trees planted within the area of construction as
depicted on the site plan received on February 28, 2017 and within the
“Village Green” in the northeast quadrant shall be approved by the City
Arborist
ZM17-02 - Site Plan Submitted on February 28, 2017
MILTON"Irlt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: it 3, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ17-02 -12800, 12830 and 12850 Hopewell
Road by Fuqua & Associates - To Rezone from AG -1
(Agricultural) to R -4A (Single Family Dwelling) to Develop 17
Single Family Lots on 14.6 Acres at a Density of 1.16 Units per
Acre.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (eAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (-�-NO
CITY ATTORNEY REVIEW REQUIRED: () YES W -NO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: o((/16/2o17
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 April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 1 of 24
RZ17-02
PETITION NO. RZ17-02
PROPERTY INFORMATION
ADDRESS 12800, 12830, and 12850 Hopewell Road
DISTRICT, LAND LOT 2/2 1107 and 1108
OVERLAY DISTRICT Rural Milton Overlay District
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING R-4A (Residential)
ACRES 14.6
EXISTING USE Vacant single family residence
PROPOSED USE 17 single family residential lots
PETITIONER Fuqua and Associates
ADDRESS 985 Canonero Drive
Milton, GA 30004
REPRESENTATIVE Scott Reece
Brumbelow-Reese & Associates
13685 Highway 9
Milton, GA 30004
PHONE 770-475-6817
COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 22, 2017
RZ17-02– DENIAL
INTENT
To rezone from AG-1 (Agricultural) to R-4A (Residential) to develop 17 single
family homes on 14.6 acres at an overall density of 1.16 units per acre.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 2 of 24
RZ17-02
PLANNING COMMISSION RECOMMENDATION – MARCH 22, 2017
RZ17-02– DENIAL – 6-0
The Planning Commission based their decision on the fact that the 2035 Future
Land Use Plan Map that was approved by the Mayor and City Council in
October of 2016 recommended that this property be developed as Agricultural,
Equestrian and Estate Residential (AEE).
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 3 of 24
RZ17-02
LOCATION MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 4 of 24
RZ17-02
CURRENT ZONING MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 5 of 24
RZ17-02
CITY OF MILTON 2035 COMPREHENSIVE FUTURE LAND USE MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 6 of 24
RZ17-02
SITE PLAN SUBMITTED ON JANUARY 31, 2017
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 7 of 24
RZ17-02
REVISED SITE PLAN SUBMITTED ON MARCH 3, 2017
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 8 of 24
RZ17-02
REVISED SITE PLAN SUBMITTED ON MARCH 22, 2017
(Created Cul-de-Sac)
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 9 of 24
RZ17-02
Subject Site from Hopewell Road
Glenhaven S/D
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 10 of 24
RZ17-02
Hopewell Place S/D
Vickery Crest S/D
SUBJECT SITE AND BACKGROUND:
The subject site contains 14.565 acres and with two single family dwellings and is
located on the west side of Hopewell Road with Vaughn Drive to the east. The
site is located within the Agricultural, Equestrian, Estate Residential (AEE)
designation of the City of Milton 2035 Comprehensive Plan Map recently
adopted on October 17, 2016. Staff also notes that this property is within the
Rural Milton Overlay.
The applicant is requesting a rezoning to R-4A (Residential) with minimum 15,000
square foot lots to develop 17 single family residences on at an overall density of
1.16 units per acre.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 11 of 24
RZ17-02
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on March 22, 2017, Staff offers the following
considerations:
DEVELOPMENT STANDARDS – SEC. 64-577 - R-4A (Single Family Dwelling District)
and Rural Milton Overlay*
Development Standards Proposed Development
There shall be a maximum
height limit of two stories with
the maximum height of 28 feet
from average finished grade to
the bottom of the roof eave.*
None indicated.
Minimum front yard – 35 feet 35 feet
Minimum side yard as follows:
Adjacent to interior line: 7 feet
Adjacent to street: 20 feet
7 feet
20 feet
25 feet between homes
Minimum rear yard –25 feet 50 feet
Minimum lot area – 12,000 sq.ft. 15,000 sq. ft. and 1 acre adjacent to Hopewell
Road
Minimum lot width shall be 85 ft. 85 feet
Minimum lot frontage shall be
35 feet adjoining a street
35 feet
Minimum heated floor area shall
be as follows:
For less than two-story dwelling:
1,200 sq. ft.
For two-story dwelling: 1,320
sq.ft.
3,000 sq. ft. – 1 story
4,000 sq. ft. - 2 story
LANDSCAPE STRIPS AND BUFFERS
The proposed development shall comply with Article III, Tree Preservation and
Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the
Zoning Ordinance which states “Unless otherwise specified, lots developed with
single-family detached dwelling units are not required to provide landscape
areas or zoning buffers”.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 12 of 24
RZ17-02
OTHER SITE PLAN CONSIDERATIONS
The original site plan indicated inter-parcel with Vickery Crest to the north, this
connection is not required by either the Fire Marshal or the Transportation
Engineer. Since that submittal, the applicant has provided a revised site plan on
March 22, 2017 that shows the street as a cul -de-sac with no connection with
Vickery Crest and the number of lots remain the same.
In addition, the site plan does not indicate sidewalks along Hopewell Road and
the interior of the subdivision. At the time of the Land Disturbance Permit, the
developer shall be in conformance with Sec. 48-562, Streets, Sidewalks and
Other Public Places. At the Planning Commission meeting, the applicant stated
that they would include the required sidewalks.
Staff will condition the two one-acre lots adjacent to Hopewell Road with the
Rural Viewshed since R-4A zoning district is not required to provide a Rural
Viewshed.
The Intergovernmental Agreement for the Extraterritorial Provision of Sewer
Service with Fulton County and the associated map indicates that sewer service
infrastructure was fully installed prior to the date of the agreement. This
recognition shall not be construed as allowing new sewer connections within this
area and new sewer service shall not be authorized within such areas.
ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and sati sfies the
requirement of Sec. 64-2126. The applicant has stated the following:
“The specimen trees have been identified and are shown on the site plan. There
is no Zone A floodplain on this parcel per official FEMA flood map. There is a
stream flowing through the southwestern portion of the property that has been
located, and the City buffers have been incorporated into the proposed site
plan. Wetlands located on the site are located within the 25 foot stream buffers
No construction activities are proposed in any stream buffers. If constructed, the
subdivision would have to gain approval of a 3-phase erosion control plan and
best management practices to mitigate any downstream effects. Our field
inspections discovered no vegetation or wildlife, including fish, listed on the
environmental protection list. Our field observation revealed no archaeological
or historical sites located on this property.”
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 13 of 24
RZ17-02
ARBORIST COMMENTS
Per this plan, 7 significant specimen trees are to be impacted or removed.
Replacement for said trees will be 219 (4”) caliper trees. There are additional
specimen trees along Hopewell that shall remain undisturbed. Nice young
hardwood growth at northern portion of the site. Much of site will be cleared
with exception of state waters buffer area to the south.
CITY OF MILTON FIRE MARSHAL
The subdivision is allowed to have only one entrance based on the small number
of houses (though the one to the north only has one entrance, the ordinance
did not change until after that subdivision was platted and built).
The preference would be that the connection be made. However, from a code
perspective, it is not required.
TRANSPORTATION
A new entrance is proposed approximately 270’ south of Glenhaven Drive
(on east side of Hopewell Rd) and 970’ south of Hopewell Place Dr.
(existing entrance to Vickery Crest) per the site plan. These meet the
driveway spacing criteria.
Average Daily Traffic volumes for 2014 on Hopewell Rd is 9170 vehicles per
day.
Intersection sight distance looking both east and west at new proposed
entrance is over 500 feet per the site plan.
Trip generation and distribution
ITE Trip Generations
Single Family
Homes
Daily Left In Right In Left
Warrant
Right
Warrant
17 lots 163 58 25 175 75
Turn lanes warrant for new entrance to be determined based on number
of lots
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 14 of 24
RZ17-02
FULTON COUNTY BOARD OF EDUCATION
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 15 of 24
RZ17-02
FINANCIAL MODELING RESULTS
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 16 of 24
RZ17-02
PUBLIC INVOLVEMENT
On February 28, 2017 the applicant’s representative was present at the
Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There
were approximately 15 people in attendance at the meeting. They voiced their
objections to the proposed development with the following comments:
1. It is against the 2035 Future Land Use Plan for minimum one acre lots that
was just approved in October 2016.
2. It will cause additional traffic within Vickery Crest and the area in general .
3. The residents are tired of additional homes being built that are not
consistent with the approved Future Land Use Plan for AEE (one acre lots).
4. Want to be assured that the new homes with be as large as the existing
homes in Vickery Crest and not connect with Vickery Crest.
5. Residents of Brookshade (north of Vickery Crest) are concerned that if this
property is rezoned to R-4A then the property south of Brookshade will also
be rezoned to higher density.
PUBLIC PARTICIPATION REPORT
The applicant conducted the Public Participation Meeting on March 9, 2017
from 6:30 to 8:30 p.m. at the Brumbelow-Reese Office, 13685 Hwy 9 North. The
applicant also met with the Vickery Crest HOA on February 24, 2017. There were
three people in attendance. The following issues and concerns were expressed:
1) The density of the development.
2) How close to the rear property lines could the houses be built.
3) Separation distance between houses.
4) Square footage of houses.
5) Price of new houses.
6) Street connection with Vickery Crest.
The applicant responded to the issues and concerns with the following:
1) The density of the surrounding properties and subdivisions match or exceed
the density of the proposed development.
2) Revised site plan to increase setbacks and separation.
3) Clarified building square footage.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 17 of 24
RZ17-02
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – March 7, 2017
1) Can the entrance line up with Glenhaven entrance?
2) Questioned if the lots that include the stream buffer are large enough to
accommodate a swimming pool without any variances?
3) Can the large specimen trees be saved?
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 17 lot subdivision consist of lots between 16,010 and 22,864
square feet in size. There are one acre lots that abut Hopewell Road. To
the north is Vickery Crest subdivision which has developed lots between
15,000 and 20,000 square feet in size adjacent to the subject site. To the
east, is Glenhaven Subdivision zoned T-3 (Transect Zone) developed with
large common areas along Hopewell Road and minimum 5,000 square
foot lots within the development. Also, to the south east within the City of
Alpharetta is Cottonwood Estates Gracious Living Retirement Facility
zoned C-2. Further to the south east is Orchards at Hopewell also within
the City of Alpharetta zoned R-8. To the south of the subject site is
undeveloped R-15 within the City of Alpharetta. To the west is Andover
North subdivision within the City of Alpharetta zoned R-15. The proposed
development is consistent with adjacent and nearby developments in the
area.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 18 of 24
RZ17-02
Existing uses and zoning of nearby property
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 19 of 24
RZ17-02
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor
Area
North 1
RZ04-144/
RZ05-135
CUP (Community Unit Plan)
Vickery Crest S/D
1 u/a (RZ04-144)
Min 18,000sq.ft.
lots / 2,500 s.f.
1.88 u/a
Min 15,000 sq.ft.
lots/ 2,500 s.f.
1 acre lots along
Hopewell Rd
and north
portion of
Subdivision.
1.88 u/a
(RZ05-135)
20,000 s.f. adj. to
Andover Norh,
18,000 s.f adj. to
Providence Oaks
S/D, 1 acre for
septic lots and
15,000 s.f. for
remaining lots.
2,500 s.f. heated
floor area
Further
Northeast
2
RZ03-122/
RZ03-41
R-3 (Single Family
Residential)
Milton Place
1.64 u/a
2,750 s.f.
1.67 u/a
2,750 s.f.
1 acre lots along
Hopewell Rd.
Further
Northeast
3
RZ95-21
R-3 (Single Family
Residential)
Hopewell Place S/D
2 u/a
1,800 s.f.
1 acre lots along
Hopewell Rd.
Further
Northeast
4
RZ98-81
T-3 (Transect Zone)
Developed under CUP
(Community Unit Plan)
Southfield S/D
2.5 u/a
1,700 s.f.
East 5 T-3 (Transect Zone) 3.46 u/a
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 20 of 24
RZ17-02
RZ12-16/VC12-06 Developed under NUP
(Neighborhood Unit Plan)
2,700 s.f.
East 6
City of Alpharetta
C-2
Cottonwood Estates
Gracious Living Retirement
Facility
Multi-Family
Southeast 7
City of Alpharetta
R-8
Orchards at Hopewell
(Minimum 8,000
square feet lots)
South
and west
8
City of Alpharetta
R-15
Andover North and
Lantern Ridge
(Minimum 15,000
square foot lots)
South 9
City of Alpharetta
R-15
Undeveloped
(Minimum 15,000
square foot lots)
Northwest 10
RZ93-035
R-4A
Providence Oaks S/D
2.14 u/a
2,500 s.f.
50 foot setback
adjacent to
AG-1
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 development may adversely affect
the existing use or usability of adjacent or nearby property based on the
fact the 2035 Future Land Use Plan Map recommends that the subject site
be developed AEE (Agricultural, Equestrian and Estate Residential) w hich
requires one unit per acre and one acre lots.
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).
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?
It is Staff’s opinion that the proposal may cause a burden on existing
streets and schools if approved.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 21 of 24
RZ17-02
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
City of Milton 2035 Comprehensive Land Use Plan Map – Agricultural,
Equestrian, and Estate Residential / INCONSISTENT
Inconsistent with the following Plan Policy:
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
Proposed use/density:
Single Family Residential at 1.16 units per acre is inconsistent with the
recommended density of one unit per acre for Agricultural, Equestrian,
and Estate Residential.
Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
The proposed development is inconsistent with the Plan Map
recommendation of Agricultural, Equestrian and Estate Residential which
requires minimum one acre lots. The Plan Map was recently approved by
the Mayor and City Council in October, 2016. Previous zonings and
development adjacent to and surrounding the subject site were
approved prior to the most recent Comprehensive Land Use Plan Map
adoption. Based on these facts, it is grounds to recommend DENIAL of
RZ17-02.
6. 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?
Based on the number and size of specimen trees to be removed, it is
Staff’s opinion that the proposed use may be environmentally adverse to
the natural resources, environment and citizens of the City.
CONCLUSION
The proposed 17 lot single family subdivision is inconsistent with the City of
Milton’s 2035 Comprehensive Land Use Plan Map for “Agricultural, Equestrian,
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 22 of 24
RZ17-02
and Estate Residential”. Therefore, Staff recommends DENIAL of RZ17-02 to
rezone from AG-1(Agricultural) to R-4A (Single Family Residential). A set of
Recommended Conditions are included if the Mayor and City Council chooses
to approve this petition.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 23 of 24
RZ17-02
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, the rezoning of
property located on Hopewell Road it should be approved for
R-4A (Single Family 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) Single family detached dwellings and accessory uses and
structures.
b) No more than 17 total dwelling units at a maximum density of 1.16
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) To the revised site plan received by the Community Development
Department on March 22, 2017. 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) 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 April 24, 2017 (First Presentation on April 10, 2017)
4/5/2017 Page 24 of 24
RZ17-02
3) To the owner’s agreement to the following site development considerations:
a) Minimum front yard – 35 feet
b) Minimum side yard as follows:
i. Adjacent to interior line: 7 feet
ii. Adjacent to street: 20 feet
iii. 25 feet between homes
c) Minimum rear yard –50 feet
d) Minimum lot area as follows:
i. 15,000 sq. feet.
ii. 1 acre adjacent to Hopewell Road
e) Minimum lot width shall be 85 feet
f) Minimum lot frontage shall be 35 feet adjoining a street.
g) Minimum heated floor area shall be as follows:
i. For one story - 3,000 square feet
ii. For two story – 4,000 square feet
h) Lots 1 and 17 (adjacent to Hopewell Road) shall be incompliance
with the Rural Viewshed pursuant to Sec. 64-416(k).
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Land
Disturbance Permit, Subdivision Plat or Certificate of Occupancy
(whichever comes first). Entrance(s) shall conform to Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton
Code of Ordinances, or be reconstructed to meet such criteria as
required by the Department of Public Works.
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.
Page is too large to OCR.
PUBLIC PARTICIPATION PLAN REPORT
FORM E
Applicant: Fuqua & Associates, Steve &Peggy Fell petition No. IZZ 17� Q E
1. The following parties were notified of the requested rezoning/use permit:
See attached.
2. The following meetings were held regarding this petition: (Include the date, time
and meeting location)
Date: �.-14� 17
Public Participation Meeting - 3/9/17, 6:30-8:30pm, Brumbelow-Reese office, 13685 Hwy 9 N, Milton, GA
DRB - 3/7/17, 6:OOpm, City of Milton
CZIMCity of Milton
Vickery Crest HOA Meeting - 2/24/17, 5:OOpm, Vickery Crest
3. The following issues and concerns were expressed:
(1) The density of proposed development, (2) how close to rear property lines the
houses could be built, (3) separation distance between houses, (4) square footage
of houses, (5) price of new houses, (6) street connection
4. The applicant's response to issues and concerns was as follows:
The density of surrounding properties and subdivisions match or exceed the density
of the proposed development. We revised the site plan to increase setbacks and
separation. We clarified the building square footage.
5. Applicants are required to attach copies of sign -in sheets from meetings as well as meeting announcements,
notices, t7yers, letters, and any other documentation which supports the opportunity for public input.
Attach additional shoe/s as needed.
City of Milton Community Development _ 13000 Deerfield Parkway, shite 107E --Milton, GA 30004 � 678-242-200
Rezoning Application Page 1 �
BRU1V1BE1LVW-REESE & ASSOCIATES, INC.
Land Surveyors, Land Planners, Development Consultants
13685 Highway 9 N
Milton, Georgia 30004
Phone 770475-6817
Fax 770-5694948
Email: brassinc@comcast.net
Public Participation Meeting — Date:_Thursday 3/9/2017_Time:_6:30-8:30pm
Location:Brumbelow Reese office at 13685 Hw,y
G:\Land Projects\2013-2d3A\Documents\REZONING DOCS\Public Participation Sign In.docx
NAME
ADDRESS
CONTACT (phone or email)
Steve Damsker
i Providence Oaks S/D
Phone call on 2/24
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G:\Land Projects\2013-2d3A\Documents\REZONING DOCS\Public Participation Sign In.docx
Land Surveyors, Land Planners, Development Consultants
13685 Highway 9 N
Milton, Georgia 30004
Phone 770-475-6817
Fax 770-569-4948
Email: brassinc@comcast, net
February 13, 2017
Hopewell Road Community
Re: 12800, 12830, 12850 Hopewell Road
Dear Neighbor:
We are representing Fuqua &Associates and Steve &Peggy Fell in their application to obtain a
rezoning of 12800, 12830, & 12850 Hopewell Road being Tax Parcels 2248011080262, 22-
48011080155, and 2248011080239 from AG -1 to R4 -A for the construction of a single family
residential subdivision. The applicant is proposing 17 lots on 14.6± acres at a density of 1.16
units per acre. The proposed minimum lot size will be 15,000 S.F. and proposed minimum house
size shall be 3000 S.F. The Comprehensive Land Use Plan Map (C.L.U.P) colors these particular
properties as low density residential. The C.L.U.P. appears to have created a small island of low
density inside a large area of medium density, high density, and office and commercial uses. The
subject property was formerly three residential acreage tracts that are now vacant. The property
is wooded with a mix of mature growth and secondary growth pines and hardwoods. There is a
small stream and abandoned pond on the southwest section of the property. The property abuts
the City of Alpharetta on the south and west (R-15 Zoning - 15,000 S.F. lots). The property to
the southeast across Hopewell Road is in the City of Alpharetta and is zoned C-2 (current use
assisted living facility). The property to the northeast across Hopewell Road is in the City of
Milton and is designated T4 Deerfield/Highway 9 Foran Based Code (current use high density
residential - 5500 S.F. lots). The property directly to the north is Vickery Crest Subdivision in
the City of Milton. It is zoned CUP and was developed with 15,000 S.F. lots. There is an
existing sanitary sewer line through the subject property. Public utilities are available on
Hopewell Road. The proposed subdivision provides for the City of Milton buffers on the stream
that traverses through the southwest section of the property. The proposed subdivision shall be
accessed via extending the existing dead-end street Donegal Lane through to Hopewell Road in
keeping with the City's policy of interparcel connectivity and bringing the existing Vickery Crest
S/D into fire protection compliance. There are no proposed variances to the Development Code
in this proposed rezoning. The applicant is seeking to develop a neighborhood similar in lot size
and character as the adjoining Vickery Crest S/D and other neighborhoods in the immediate area.
The subject property
lies in an area designated by the City of Milton as "Milton Lakes". This
area is in the southernmost section of the City bordering the City of Alpharetta. This area
transitioned in the late 1990s to mostly suburban neighborhoods with a mixture of lot sizes. The
G:\Land Projects\2013-243A\Documents\REZONING DOCS\Public Participation Letter.docx
Page 2
Februm 13. 2017
City of Milton Comprehensive Plan 2030 designates this area's future development for new
residential neighborhoods to primarily match the mix of housing types & styles of established
neighborhoods in this character area. Furthermore, the C.L.U.P. designates that future residential
development should reflect an average of the current diversity of densities and housing patterns.
In our immediate area, all of the City of Alpharetta properties (south and west) are zoned R-15
(15,000 S.F. lots) or are already developed 15,000 S.F. lots. To the east is City of Alpharetta
commercial zoning with an institutional use. To the northeast (Glenhaven Subdivision) and north
(Vickery Crest Subdivision), the City of Milton subdivisions are developed with 5,500 and
1500 S.F. lots respectively.
The applicants have owned this property for many years. It was the intent that this property
would be a future phase of Vickery Crest. Vickery Crest was designed with the street and utility
layout for the future expansion. The economic downturn around 2008-2012 caused the
cancellation of these plans. Although the property is zoned agricultural, it is not practical for
farm use due to size restrictions and surrounding neighborhoods. One acre estate size lots and
the necessary house size that economics dictates would be a very risky choice in this immediate
area. The applicant desires to develop a residential single family neighborhood similar to the
neighborhoods in this area. Should the rezoning be approved, Fuqua & Associates will be
building the new homes in the proposed subdivision. It is our opinion that the proposed rezoning
and use for this property conforms to the stated future land use plan as laid forth and adopted by
the City of Milton in the text for the Milton Lakes character area. We feel that the proposed
subdivision and the quality of homes that Fuqua has built in the Milton area for over 30 years
would be an asset to the city and matches the surrounding neighborhoods. Finally, this proposed
neighborhood would be a reasonable choice for this particular site and area.
There is a Public Participation Meeting scheduled for Thursday, March 9, 2017 from 6:3 Opm-
8:30pm at our office (address listed above). This meeting will allow the neighborhood to ask
questions and view the proposed site plan. The City of Milton has scheduled the following
meetings: Community Zoning Information Meeting 02/28/2017 @ 7:00 pm, Design Review
Board 03/07/2017 @ 6:00 pm, Planning Commission Meeting 03/22/2017 @ 6:00 pm, Mayor
and City Council Meeting 04/24/2017 @ 6:00 pm. Also, we may be reached via telephone or
email as listed above. We look forward to seeing you on March 9, 2017.
Sincerely,
BRUMBELOW-REESE &ASSOCIATES, INC.
Scott D. Reece
G:\Land Projects\2013-243A\Documents\REZONING DOCS\Public Participation Letter.docx
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= x CITY OF: MILTON ,:.,IrA��r.,_
A E0
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A STATE OF GEORGIA ryF H. ( MILTON, GEORGIA 30004.3fi16
PHONE: 770-478.8817
GEORGIA R.L.S. 0 2072 FAX: 770-569.4948
GATE: JANUARY 23, 2017 MEMBER OF SAM.S.O.G. EMAIL: BRASSINCQCOMCAST.NET
Page 1 of 7
ORDINANCE NO._______
PETITION NO. RZ16-01
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO R-4A
(SINGLE FAMILY DWELLING) FOR A 17 LOT SINGLE FAMILY SUBDIVISION ON 14.6
ACRES LOCATED AT 12800, 12830 AND 12850 HOPEWELL ROAD.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on April 24, 2017 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 at 12800, 12830 and 12850 Hopewell Road
consisting of a total of approximately 14.6 acres as described in the attached legal
description, be approved for a 17 lot single family subdivision zoned R-4A (Single
Family Dwelling) with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 1107, and 1108 of the
2nd District 2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the single family subdivision in the attached conditions of
approval, be approved under the provisions in Article VI, Division 9, 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 24th day of April, 2017.
Page 2 of 7
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
Page 3 of 7
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, the rezoning of property
located on 12800, 12830, and 12850 Hopewell Road it should be approved for
R-4A (Single Family 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) Single family detached dwellings and accessory uses and structures.
b) No more than 17 total dwelling units at a maximum density of 1.16 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) To the revised site plan received by the Community Development
Department on March 22, 2017. 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) 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:
a) Minimum front yard – 35 feet
Page 4 of 7
b) Minimum side yard as follows:
i. Adjacent to interior line: 7 feet
ii. Adjacent to street: 20 feet
iii. 25 feet between homes
c) Minimum rear yard –50 feet
d) Minimum lot area as follows:
i. 15,000 sq. feet.
ii. 1 acre adjacent to Hopewell Road
e) Minimum lot width shall be 85 feet
f) Minimum lot frontage shall be 35 feet adjoining a street.
g) Minimum heated floor area shall be as follows:
i. For one story - 3,000 square feet
ii. For two story – 4,000 square feet
h) Lots 1 and 17 (adjacent to Hopewell Road) shall be incompliance with
the Rural Viewshed pursuant to Sec. 64-416(k).
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Land
Disturbance Permit, Subdivision Plat or Certificate of Occupancy
(whichever comes first). Entrance(s) shall conform to Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton Code of
Ordinances, or be reconstructed to meet such criteria as required by
the Department of Public Works.
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.
Page 5 of 7
Page 6 of 7
Page 7 of 7
REVISED SITE PLAN SUBMITTED ON MARCH 22, 2017
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 3, 2017
FROM: Steven Krokoff, City Manag r
AGENDA ITEM: Consideration of RZ17-03 - To Amend Section 64-418 - Pre -
development Notification and Public Informational Meeting
and Section 64-419. Definitions of the AG -1 (Agricultural)
Zoning District.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J/ ES () NO
CITY ATTORNEY REVIEW REQUIRED: (OKYES () NO
APPROVAL BY CITY ATTORNEY: (, 'APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: &4110401')
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
info@cityofmiltonga.us I www.cityofmiltongo.us
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting.
(First Presentation – April 10, 2017, Work Session – April 17, 2017)
Re: RZ17-03 (AG-1) – Text Amendment to Pre-development notification
and public informational meeting and Definitions.
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The purpose of this text amendment is to delete the required pre-development
notification and public informational meeting that is currently required after a
concept plan is submitted for a proposed development. In lieu of this process,
Staff proposes a public hearing before the Planning Commission to consider
preliminary plats (more than 3 lots). This process is being proposed in Chapter 50,
Subdivisions. Thus, the above mentioned requirements will no longer be needed.
In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer
needed and will be addressed in Chapter 50, Subdivisions.
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
Unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
Alternatives:
The Mayor and City Council may approve or deny the amendment as
proposed and/or recommend further amendments to the text amendment
discussed.
Legal Review:
Paul Frickey - Jarrard & Davis (March, 2017)
Attachment(s): RZ17-03 text amendment and ordinance.
RZ17-03 – Text Amendment (AG-1) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 1 of 2
Sec. 64-418. - Pre-development notification and public informational meeting.
(a) Prior to the approval of a conceptual plan for residential uses with more than three lots or a land
disturbance permit for non-residential uses, the community development department shall hold a
public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit
being submitted.
(b) The applicant or agent shall post a sign as directed by the community development department in a
conspicuous location on each street frontage of the subject property at least 14 days prior to the public
informational meeting. It will be the applicant's responsibility to ensure the posting remains in a
conspicuous location on site until after the scheduled public site informational meeting.
(c) The department shall give notice of the public informational meeting by regular mail to all property
owners or current residents within 500 feet of the boundaries of the subject property and a minimum
of 75 owners who appear on the city tax records as retrieved by the city's geographic information
system in the surrounding area around the subject property, which 75 owners may include those
located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior
to the public informational meeting.
(d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the
location of the property, and description of the proposed development. The posted sign shall include
all of the items required in the mailed notice except the location of the property.
(e) At least one city staff member shall be present at the public informational meeting.
(f) Members of the city council and planning commission shall be notified of the public informational
meeting.
( Ord. No. 16-09-281 , § 1, 9-7-2016)
Sec. 64-419. - Definitions.
[The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:]
Agricultural operations used synonymously with agricultural purposes means the following activities:
raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop
production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop
protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed
for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep,
equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens,
ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural,
horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products;
processing poultry; post-harvest services on crops with the intent of preparing them for market or further
processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading,
packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing
dairy products. Agricultural operations also include equestrian related activities such as riding rings,
dressage fields, and related activities to the equine industry. Agricultural operations does not include
constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures,
including, but not limited to, grain bins, irrigation equipment, and fencing.
Construction means the process, act or manner of constructing something.
Developer means person or entity listed as the applicant on a land disturbance application or building
permit.
RZ17-03 – Text Amendment (AG-1) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 2 of 2
Development means any manmade change to improved or unimproved real estate including, but not
limited to:
(1) Buildings or other structures;
(2) Mining;
(3) Dredging, filling, clearing and grubbing;
(4) Grading and paving; and
(5) Any other installation of impervious cover, excavation or drilling operations or storage of
equipment or materials.
Development area means geographic area included within a land disturbance permit or building permit.
Design committee means a committee composed of the community development director, city
architect, city arborist and if necessary any other city staff as required to provide design review of the rural
viewshed.
Lot is synonymous with tract and parcel.
Owner means the legal or beneficial owner of a site including, but not limited to:
(1) A mortgagee or vendee in possession;
(2) Receiver;
(3) Executor;
(4) Trustee;
(5) Lessee; or
(6) Other person in control of the site.
Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more
contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The
terms "lot," "tract" and "parcel" are synonymous.
Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail
to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations.
The conceptual plan is the first stage in securing a land disturbance permit.
Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect
the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of
two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street;
and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback.
Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever
is more restrictive, in which no structures shall be constructed.
Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary
rural viewshed setback in which no structures shall be constructed.
Site means the parcel of land being developed, or the portion thereof on which the land development
project is located.
Tract is synonymous with lot and parcel.
( Ord. No. 16-09-281 , § 1, 9-7-2016)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-03
AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT, PRE-
DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN
SEC. 64-418 AND DEFINITIONS IN SEC. 64-419 OF THE ZONING ORDINANCE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on April 24 , 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of the AG-1 District regarding Development
Notification and Public Informational Meeting and Definitions of the City of Milton
Zoning Ordinance is hereby adopted and approved; and is attached hereto as
if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 24th day of April , 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
MILTON It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: A ril 3, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ17-04 - To Amend Section 64-141 - Pre -
development Notification and Public Informational Meeting
and Section 64-442. Definitions of the R-1 (Residential) Zoning
District.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,(APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,'YES () NO
CITY ATTORNEY REVIEW REQUIRED: (,KYES () NO
APPROVAL BY CITY ATTORNEY: (,KAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0`'li'l-wl
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting.
(First Presentation – April 10, 2017, Work Session – April 17, 2017)
Re: RZ17-04 (R-1) – Text Amendment to Pre-development notification
and public informational meeting and Definitions.
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The purpose of this text amendment is to delete the required pre-development
notification and public informational meeting that is currently required after a
concept plan is submitted for a proposed development. In lieu of this process,
Staff proposes a public hearing before the Planning Commission to consider
preliminary plats (more than 3 lots). This process is being proposed in Chapter 50,
Subdivisions. Thus, the above mentioned requirements will no longer be needed.
In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer
needed and will be addressed in Chapter 50, Subdivisions.
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
Alternatives:
The Mayor and City Council may approve or deny the amendment as
proposed and/or recommend further amendments to the text amendment
discussed.
Legal Review:
Paul Frickey - Jarrard & Davis (March, 2017)
Attachment(s): RZ17-04 text amendment and ordinance.
RZ17-04 – Text Amendment (R-1) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 1 of 2
Sec. 64-441. - Pre-development notification and public informational meeting.
(a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non-
residential uses, the community development department shall hold a public informational meeting at
the subject site within 30 days of the conceptual plan or land disturbance permit being submitted.
(b) The applicant or agent shall post a sign as directed by the community development department in a
conspicuous location on each street frontage of the subject property at least 14 days prior to the public
informational meeting. It will be the applicant's responsibility to ensure the posting remains in a
conspicuous location on site until after the scheduled public, on site informational meeting.
(c) The department shall give notice of the public informational meeting by regular mail to all property
owners or current residents within 500 feet of the boundaries of the subject property and a minimum
of 75 owners who appear on the city tax records as retrieved by the city's geographic information
system in the surrounding area around the subject property, which 75 owners may include those
located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior
to the public informational meeting.
(d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the
location of the property, and description of the proposed development. The posted sign shall include
all of the items required in the mailed notice except the location of the property.
(e) At least one city staff member shall be present at the public informational meeting.
(f) Members of the city council and planning commission shall be notified of the public informational
meeting.
( Ord. No. 16-09-282 , § 1, 9-7-2016)
Sec. 64-442. - Definitions.
[The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:]
Agricultural operations used synonymously with agricultural purposes means the following activities:
raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop
production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop
protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed
for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep,
equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens,
ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural,
horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products;
processing poultry; post-harvest services on crops with the intent of preparing them for market or further
processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading,
packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing
dairy products. Agricultural operations also include equestrian related activities such as riding rings,
dressage fields, and related activities to the equine industry. Agricultural operations does not include
constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures,
including, but not limited to, grain bins, irrigation equipment, and fencing.
Construction means the process, act or manner of constructing something.
Developer means person or entity listed as the applicant on a land disturbance application or building
permit.
RZ17-04 – Text Amendment (R-1) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 2 of 2
Development means any manmade change to improved or unimproved real estate including, but not
limited to:
(1) Buildings or other structures;
(2) Mining;
(3) Dredging, filling, clearing and grubbing;
(4) Grading and paving; and
(5) Any other installation of impervious cover, excavation or drilling operations or storage of
equipment or materials.
Development area means geographic area included within a land disturbance permit or building permit.
Design committee means a committee composed of the community development director, city
architect, city arborist and if necessary any other city staff as required to provide design review of the rural
viewshed.
Lot is synonymous with tract and parcel.
Owner means the legal or beneficial owner of a site including, but not limited to:
(1) A mortgagee or vendee in possession;
(2) Receiver;
(3) Executor;
(4) Trustee;
(5) Lessee; or
(6) Other person in control of the site.
Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more
contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The
terms "lot," "tract" and "parcel" are synonymous.
Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail
to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations.
The conceptual plan is the first stage in securing a land disturbance permit.
Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect
the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of
two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street;
and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback.
Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever
is more restrictive, in which no structures shall be constructed.
Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary
rural viewshed setback in which no structures shall be constructed.
Site means the parcel of land being developed, or the portion thereof on which the land development
project is located.
Tract is synonymous with lot and parcel.
( Ord. No. 16-09-282 , § 1, 9-7-2016)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-04
AN ORDINANCE TO AMEND THE R-1 (RESIDENTIAL) DISTRICT, PRE-
DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN
SEC. 64-441 AND DEFINITIONS IN SEC. 64-442 OF THE ZONING ORDINANCE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on April 24 , 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of the R-1 (Residential) District regarding
Development Notification and Public Informational Meeting and Definitions of
the City of Milton Zoning Ordinance is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 24th day of April , 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 3, 2017
FROM: Steven Krokoff, City Manage
AGENDA ITEM: Consideration of RZ17-05 - To Amend Section 64-464 - Pre -
development Notification and Public Informational Meeting
and Section 64-465. Definitions of the R-2 (Residential) Zoning
District.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,a°YES () NO
CITY ATTORNEY REVIEW REQUIRED: ( 4%ES () NO
APPROVAL BY CITY ATTORNEY: (,,JIAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA
0000
P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting.
(First Presentation – April 10, 2017, Work Session – April 17, 2017)
Re: RZ17-05 (R-2) – Text Amendment to Pre-development notification
and public informational meeting and Definitions.
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The purpose of this text amendment is to delete the required pre-development
notification and public informational meeting that is currently required after a
concept plan is submitted for a proposed development. In lieu of this process,
Staff proposes a public hearing before the Planning Commission to consider
preliminary plats (more than 3 lots). This process is being proposed in Chapter 50,
Subdivisions. Thus, the above mentioned requirements will no longer be needed.
In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer
needed and will be addressed in Chapter 50, Subdivisions.
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
Alternatives:
The Mayor and City Council may approve or deny the amendment as
proposed and/or recommend further amendments to the text amendment
discussed.
Legal Review:
Paul Frickey - Jarrard & Davis (March, 2017)
Attachment(s): RZ17-05 text amendment and ordinance.
RZ17-05 – Text Amendment (R-2) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 1 of 2
Sec. 64-464. - Pre-development notification and public, on site informational meeting.
(a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non-
residential uses, the community development department shall hold a public informational meeting at
city hall within 30 days of the conceptual plan or land disturbance permit being submitted.
(b) The applicant or agent shall post a sign as directed by the community development department in a
conspicuous location on each street frontage of the subject property at least 14 days prior to the public
informational meeting. It will be the applicant's responsibility to ensure the posting remains in a
conspicuous location on site until after the scheduled public site informational meeting.
(c) The department shall give notice of the public informational meeting by regular mail to all property
owners or current residents within 500 feet of the boundaries of the subject property and a minimum
of 75 owners who appear on the city tax records as retrieved by the city's geographic information
system in the surrounding area around the subject property, which 75 owners may include those
located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior
to the public informational meeting.
(d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the
location of the property, and description of the proposed development. The posted sign shall include
all of the items required in the mailed notice except the location of the property.
(e) At least one city staff member shall be present at the public informational meeting.
(f) Members of the city council and planning commission shall be notified of the public informational
meeting.
( Ord. No. 16-09-283 , § 1, 9-7-2016)
Sec. 64-465. - Definitions.
[The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:]
Agricultural operations used synonymously with agricultural purposes means the following activities:
raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop
production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop
protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed
for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep,
equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens,
ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural,
horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products;
processing poultry; post-harvest services on crops with the intent of preparing them for market or further
processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading,
packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing
dairy products. Agricultural operations also include equestrian related activities such as riding rings,
dressage fields, and related activities to the equine industry. Agricultural operations does not include
constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures,
including, but not limited to, grain bins, irrigation equipment, and fencing.
Construction means the process, act or manner of constructing something.
Developer means person or entity listed as the applicant on a land disturbance application or building
permit.
RZ17-05 – Text Amendment (R-2) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 2 of 2
Development means any manmade change to improved or unimproved real estate including, but not
limited to:
(1) Buildings or other structures;
(2) Mining;
(3) Dredging, filling, clearing and grubbing;
(4) Grading and paving; and
(5) Any other installation of impervious cover, excavation or drilling operations or storage of
equipment or materials.
Development area means geographic area included within a land disturbance permit or building permit.
Design committee means a committee composed of the community development director, city
architect, city arborist and if necessary any other city staff as required to provide design review of the rural
viewshed.
Lot is synonymous with tract and parcel.
Owner means the legal or beneficial owner of a site including, but not limited to:
(1) A mortgagee or vendee in possession;
(2) Receiver;
(3) Executor;
(4) Trustee;
(5) Lessee; or
(6) Other person in control of the site.
Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more
contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The
terms "lot," "tract" and "parcel" are synonymous.
Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail
to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations.
The conceptual plan is the first stage in securing a land disturbance permit.
Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect
the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of
two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street;
and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback.
Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever
is more restrictive, in which no structures shall be constructed.
Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary
rural viewshed setback in which no structures shall be constructed.
Site means the parcel of land being developed, or the portion thereof on which the land development
project is located.
Tract is synonymous with lot and parcel.
( Ord. No. 16-09-283 , § 1, 9-7-2016)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-05
AN ORDINANCE TO AMEND THE R-2 (RESIDENTIAL) DISTRICT, PRE-
DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN
SEC. 64-464 AND DEFINITIONS IN SEC. 64-465 OF THE ZONING ORDINANCE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on April 24 , 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of the R-2 (Residential) District regarding
Development Notification and Public Informational Meeting and Definitions of
the City of Milton Zoning Ordinance is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 24th day of April , 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
MILTON It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 3, 2017
FROM: Steven Krokoff, City Manager er
AGENDA ITEM: Consideration of RZ17-06 - To Amend Section 64-487 - Pre -
development Notification and Public Informational Meeting
and Section 64-488. Definitions of the R -2A (Residential)
Zoning District.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,YES () NO
CITY ATTORNEY REVIEW REQUIRED: („y5'ES () NO
APPROVAL BY CITY ATTORNEY: (�PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: ouholloi7
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting.
(First Presentation – April 10, 2017, Work Session – April 17, 2017)
Re: RZ17-06 (R-2A) – Text Amendment to Pre-development notification
and public informational meeting and Definitions.
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The purpose of this text amendment is to delete the required pre-development
notification and public informational meeting that is currently required after a
concept plan is submitted for a proposed development. In lieu of this process,
Staff proposes a public hearing before the Planning Commission to consider
preliminary plats (more than 3 lots). This process is being proposed in Chapter 50,
Subdivisions. Thus, the above mentioned requirements will no longer be needed.
In addition, Staff is deleting the definition “Plan, conceptual” since it is no longer
needed and will be addressed in Chapter 50, Subdivisions.
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
Alternatives:
The Mayor and City Council may approve or deny the amendment as
proposed and/or recommend further amendments to the text amendment
discussed.
Legal Review:
Paul Frickey - Jarrard & Davis (March, 2017)
Attachment(s): RZ17-06 text amendment and ordinance.
RZ17-06 – Text Amendment (R-2A) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 1 of 2
Sec. 64-487. - Pre-development notification and public informational meeting.
(a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non-
residential uses, the community development department shall hold a public informational meeting at
city hall within 30 days of the conceptual plan or land disturbance permit being submitted.
(b) The applicant or agent shall post a sign as directed by the community development department in a
conspicuous location on each street frontage of the subject property at least 14 days prior to the public
informational meeting. It will be the applicant's responsibility to ensure the posting remains in a
conspicuous location on site until after the scheduled public site informational meeting.
(c) The department shall give notice of the public informational meeting by regular mail to all property
owners or current residents within 500 feet of the boundaries of the subject property and a minimum
of 75 owners who appear on the city tax records as retrieved by the city's geographic information
system in the surrounding area around the subject property, which 75 owners may include those
located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior
to the public informational meeting.
(d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the
location of the property, and description of the proposed development. The posted sign shall include
all of the items required in the mailed notice except the location of the property.
(e) At least one city staff member shall be present at the public informational meeting.
(f) Members of the city council and planning commission shall be notified of the public informational
meeting.
( Ord. No. 16-09-284 , § 1, 9-7-2016)
Sec. 64-488. - Definitions.
[The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:]
Agricultural operations used synonymously with agricultural purposes means the following activities:
raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop
production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop
protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed
for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep,
equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens,
ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural,
horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products;
processing poultry; post-harvest services on crops with the intent of preparing them for market or further
processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading,
packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing
dairy products. Agricultural operations also include equestrian related activities such as riding rings,
dressage fields, and related activities to the equine industry. Agricultural operations does not include
constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures,
including, but not limited to, grain bins, irrigation equipment, and fencing.
Construction means the process, act or manner of constructing something.
Developer means person or entity listed as the applicant on a land disturbance application or building
permit.
RZ17-06 – Text Amendment (R-2A) prepared for the Mayor and City Council Meeting on April 24, 2017
(First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 2 of 2
Development means any manmade change to improved or unimproved real estate including, but not
limited to:
(1) Buildings or other structures;
(2) Mining;
(3) Dredging, filling, clearing and grubbing;
(4) Grading and paving; and
(5) Any other installation of impervious cover, excavation or drilling operations or storage of
equipment or materials.
Development area means geographic area included within a land disturbance permit or building permit.
Design committee means a committee composed of the community development director, city
architect, city arborist and if necessary any other city staff as required to provide design review of the rural
viewshed.
Lot is synonymous with tract and parcel.
Owner means the legal or beneficial owner of a site including, but not limited to:
(1) A mortgagee or vendee in possession;
(2) Receiver;
(3) Executor;
(4) Trustee;
(5) Lessee; or
(6) Other person in control of the site.
Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more
contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The
terms "lot," "tract" and "parcel" are synonymous.
Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail
to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations.
The conceptual plan is the first stage in securing a land disturbance permit.
Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect
the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of
two sections: a 40-foot primary rural viewshed setback that section located closest to the exterior street;
and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback.
Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever
is more restrictive, in which no structures shall be constructed.
Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary
rural viewshed setback in which no structures shall be constructed.
Site means the parcel of land being developed, or the portion thereof on which the land development
project is located.
Tract is synonymous with lot and parcel.
( Ord. No. 16-09-284 , § 1, 9-7-2016)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-06
AN ORDINANCE TO AMEND THE R-2A (RESIDENTIAL) DISTRICT, PRE-
DEVELOPMENT NOTIFICATION AND PUBLIC INFORMATIONAL MEETING IN
SEC. 64-487 AND DEFINITIONS IN SEC. 64-488 OF THE ZONING ORDINANCE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on April 24 , 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of the R-2A (Residential) District regarding
Development Notification and Public Informational Meeting and Definitions of
the City of Milton Zoning Ordinance is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 24th day of April , 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
-MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 3, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ17-07 - To Amend Section 64-2453 -
Creation of a Historic Preservation Commission (To Allow
Compensation for Meetings).
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (41A PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (KES () NO
CITY ATTORNEY REVIEW REQUIRED: (�IYES () NO
APPROVAL BY CITY ATTORNEY: (.APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: oallol io►1
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting.
(First Presentation – April 10, 2017, Work Session – April 17, 2017)
Re: RZ17-07 - Text Amendment to amend Sec. 64-2453 – Creation of
historic preservation commission (To allow compensation for
meetings.)
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
Currently, the Historic Preservation (HPC) ordinance states that the HPC cannot
receive any compensation. The purpose of this text amendment is to allow the
Historic Preservation Commission (HPC) to receive compensation for
attendance at each of their meetings based on direction from the Mayor and
City Council.
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
Alternatives:
The Mayor and City Council may approve or deny the amendment as
proposed and/or recommend further amendments to the text amendment
discussed.
Legal Review:
Paul Frickey - Jarrard & Davis (March, 2017)
Attachment(s): RZ17-07 text amendment and ordinance.
RZ17-07 – Text Amendment prepared for the Mayor and City Council Meeting on April 24, 2017 (First
Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 1 of 2
Sec. 64-2453. - Creation of a historic preservation commission.
(a) Creation of the historic preservation commission. There is hereby created a commission whose title
shall be "Milton Historic Preservation Commission" (hereinafter ("HPC").
(b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven
members. Each of the individual members of the Milton City Council and the mayor shall appoint a
member of the HPC. The terms of individual members shall be two years, or until a new member is
appointed to replace them - whichever occurs later, and shall begin on January 1 of each even
numbered calendar year. If a member is replaced for any reason, the new member shall serve only
the remaining portion of the replaced member's term. There shall be no limit on the number of terms
a member may serve on the HPC. Each appointee shall reside anywhere within the limits of the City
of Milton, and not be bound to a councilperson's respective council district.
To the extent individuals are available and willing to serve in the City of Milton, at least three official,
voting HPC members shall be appointed from among professionals in the disciplines of architecture, history,
architectural history, planning, archeology, building construction, real property appraisal, or related
professions.
HPC members shall not receive a salary, although they may be reimbursed for expenses with the
prior approval of the city manager.
Milton Historic Preservation Commission members may be reimbursed for the actual and necessary
expenses of the Milton Historic Preservation Commission, and may be compensated in the amount of
$50.00 for each meeting of the Milton Historic Preservation Commission the member attends. For purposes
of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).”
(c) Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other
ordinance, the HPC shall be authorized to:
(1) Prepare and maintain an inventory of all property within the City of Milton having the potential for
designation as historic;
(2) Recommend to the Milton City Council specific districts, sites, buildings, structures, or objects to
be designated by ordinance as a historic property or a historic district;
(3) Review applications for certificates of appropriateness, and grant or deny same in accordance
with the provisions of this article;
(4) Recommend to the Milton City Council that any designation of a historic property or historic district
be revoked or removed;
(5) Restore or preserve any historic properties acquired by the City of Milton, subject to funding
availability and with the prior approval of the Milton City Council;
(6) Promote the acquisition by the City of Milton of façade easements and conservation easements
as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement
Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5);
(7) Conduct educational programs on historic properties located within the City of Milton and on
general historic preservation activities;
(8) Make such investigations and studies of matters relating to historic preservation including
consultation with historic preservation experts, as the Milton City Council or the HPC itself may,
from time to time, deem necessary or appropriate for the purposes of preserving historic
resources;
RZ17-07 – Text Amendment prepared for the Mayor and City Council Meeting on April 24, 2017 (First
Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 2 of 2
(9) Research local, state, federal, or private funds for historic preservation, and make
recommendations to the Milton City Council concerning the most appropriate use of any funds
acquired;
(10) Recommend to the Milton City Council possible historic resource incentive programs for their
review;
(11) Submit to the Historic Preservation Division of the Georgia Department of Natural Resources a
list of designated historic properties or historic districts;
(12) Perform historic preservation activities as the official agency of the Milton Historic Preservation
Program;
(13) Retain persons with professional expertise to carry out specific tasks, as needed, subject to
approval by the Milton City Council;
(14) Receive donations, grants, funds, or gifts of historic property and acquire and sell historic
properties provided the Milton City Council has provided prior consent to do so and all state and
local laws regarding local government property disposition are followed. The receipt of donations,
grants, funds, or gifts shall be accepted only if such acceptance does not violate the City of Milton
Code of Ethics;
(15) Review and make comments to the Historic Preservation Division of the Georgia Department of
Natural Resources concerning the nomination of properties within its jurisdiction to the National
Register of Historic Places;
(16) Participate in private, state, and federal historic preservation programs and with the approval of
the Milton City Council enter into contractual agreements to do the same;
(17) Work with a City of Milton Staff member, who will serve as liaison between HPC and mayor and
city council.
(d) HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the
transaction of business and for consideration of applications for designations and certificates of
appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC
shall have the flexibility to adopt such rules and standards without amendment to this article. The HPC
shall provide for the time and place of regular meetings and a method for the calling of special
meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it
deems appropriate from among its members. A quorum shall consist of a majority of voting members.
All rules shall be ratified by the Milton City Council before becoming effective.
(e) Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia
Statutes and in the City of Milton Charter.
(f) HPC's authority to receive funding from various sources. The HPC shall have the authority to accept
donations on behalf of the City of Milton and shall ensure that these funds do not displace appropriated
governmental funds. The HPC shall be subject to and comply with the Milton Ethics Code.
(g) Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and
actions. Reports to the Milton City Council will also be made on a regular and timely basis.
(Ord. No. 12-04-133, § 1, 4-23-2012)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-07
AN ORDINANCE TO AMEND THE SEC. 64-2453, CREATION OF A HISTORIC
PRESERVATION COMMISSION (TO ALLOW COMPENSATION OF MEETINGS) OF
THE ZONING ORDINANCE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on April 24 , 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of the Sec. 64-2453, Creation of a Historic
Preservation Commission regarding compensation of meetings of the City of
Milton Zoning Ordinance is hereby adopted and approved; and is attached
hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 24th day of April , 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
Nf�--
I LT
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: A -ril 3, 2017
FROM: Steven Krokoff, City Manag r
AGENDA ITEM: Consideration of Revisions to Plat Process, Chapter 50 -
Subdivisions.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ('APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (JI(ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,,rYES () NO
APPROVAL BY CITY ATTORNEY: (.rIAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: oyjjtjj? -)
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
From: Kathleen Field, Community Development Director
Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting.
(First Presentation – April 10, 2017, Work Session – April 17, 2017)
Re: Text Amendment – Chapter 50 of the City Code – Subdivisions
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
Currently, newly proposed subdivisions are submitted to the City as a
concept plan that is reviewed for compliance with city codes by Community
Development Staff before being presented at a public informational meeting.
Subsequently, Land Disturbance Plans are submitted and reviewed before a
permit is issued and the development is constructed. The applicant must then
file a Final Plat that is reviewed by staff and approved by the Mayor and City
Council before being recorded at the Fulton County Superior Court to complete
the subdivision of land.
The purpose of this text amendment is to require applicants to submit a
Preliminary Plat, formerly called a concept plan, which is reviewed by
Community Development Staff for completeness and then presented at a
Planning Commission meeting where the subdivision will be either approved or
denied. The Staff will notify the public of the upcoming hearing before the
Planning Commission. If the Planning Commission denies the preliminary plat, the
applicant can appeal the decision to the Mayor and City Council.
The text amendment would also require that, following the issuance of a Land
Disturbance Permit, a Final Plat be submitted by the applicant that would be
reviewed by staff and certified for compliance by the Community Development
Director before being forwarded to the Mayor and City Council for a public
hearing and approval. Upon approval, the City will record the Final Plat at the
Fulton County Superior Court.
2
Minor plats, which are the subdivision of land with three or less lots including
change of property lines, address changes, and combination plats will be
administratively approved by the Community Development Director and
placed on the Mayor and City Council consent agenda for confirmation.
3
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
Alternatives:
The Mayor and City Council may approve or deny the amendment as
proposed and/or recommend further amendments to the text amendment
discussed.
Legal Review:
Paul Frickey - Jarrard & Davis (March, 2017)
Attachment(s): Chapter 2 of City Code text amendment and ordinance.
4
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
Page 1
4/6/2017
Chapter 50 - SUBDIVISIONS[1]
Footnotes:
--- (1) ---
State Law reference— Municipal annexations, O.C.G.A. § 36-36-1 et seq.; county and municipal urban
development, O.C.G.A. § 36-61-1 et seq.; city and county zoning procedures, O.C.G.A. § 36-66-1 et seq.;
local zoning proposal review procedures, O.C.G.A. § 36-67-1 et seq.; coordinated and comprehensive
planning and service delivery by counties and municipalities, O.C.G.A. § 36-70-1 et seq.
ARTICLE I. - IN GENERAL
Sec. 50-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Alley or service drive means a minor, permanent vehicular service access to the back or the side of
properties otherwise abutting a street.
Bike paths means paths that serve to separate bicycle riders from vehicle and pedestrian traffic. Bike
paths can meander through wooded areas, traverse the edge of open areas, and may (in many instances)
parallel existing roadways or walks.
Block means a parcel of land or lots entirely surrounded by public or private streets, other than alleys.
Buildable area means that portion of a lot where buildings and specified structures may be located
after all minimum yards, buffers, landscape strips, and other setbacks have been met.
Building setback line means a graphic representation of the required minimum horizontal distance
between a building and the related front, side, or rear property lines which establish the minimum space to
be provided between the building and property lines.
Comprehensive plan means a set of documents approved by the mayor and city council which sets
forth desired long range development patterns for the incorporated City of Milton, Georgia.
Crosswalk means a right-of-way dedicated to public use, four feet or more in width that crosses a
street and furnishes a specific area for pedestrian movements at an intersection.
Cul-de-sac means a street having only one connection to another street and being permanently
terminated by a vehicular turn around.
Cul-de-sac, temporary, means a street having one end open to traffic and being temporarily terminated
by a vehicular turnaround. This temporary termination is to provide connectivity to future developments.
Department means the Community Development Department, City of Milton, Georgia.
Director means the director of the community development department or his or her designee.
Driveway, access or shared, means a paved area used for the ingress or egress of vehicles, and
allowing access from a street to a building, other structure or facility.
Driveway, single-family residential, access or shared (private drive) means a paved or unpaved area
used for ingress or egress of vehicles which allows access from a street to a building, other structure or
facility for no more than three single-family residential lots.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
Page 2
4/6/2017
Easement means a grant by the property owner for use by the grantee of a portion of land for specified
purposes.
Health and wellness department means the Fulton County Health and Wellness Department or
authorized representative thereof.
Land disturbance permit.
(1) The term "land disturbance permit" means an official authorization issued by the department,
allowing defoliation or alteration of a site or the commencement of any construction activities
including, but not limited to:
a. Clearing;
b. Grubbing;
c. Dredging;
d. Grading; and
e. Excavating, transporting and filling of land.
(2) The term "land disturbance permit" does not include agricultural practices as defined in the
O.C.G.A. § 1-3-3.
Lot means the basic lawful unit of land, identifiable by a single deed established by plat, subdivision,
or as otherwise permitted by law, to be separately owned, used, developed, or built upon. In determining
the area and dimension of a lot, no part of the right-of-way of a road or crosswalk may be included.
Lot, corner means a lot abutting two or more streets at their intersection.
Lot, double/multiple frontage, means a lot other than a corner lot abutting two or more streets that may
or may not intersect at that lot.
Lot, minimum lot size, means the smallest permissible lot area established by chapter 64 or the
conditions of zoning.
Mayor and city council means the mayor and city council of the City of Milton, Georgia.
Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail
to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations.
The conceptual plan is the first stage in securing a land disturbance permit.
Plat means a map indicating the subdivision or resubdivision of land, intended to be filed for recording.
Plat, final, means a finished drawing of a subdivision that provides a complete and accurate depiction
of all legal and engineering information required by this chapter. Certification for recording and ratification
of the manager's Aapproval by the mayor and city council is required.
Plat, minor, means a finished drawing of a subdivision of no more than three lots that, at the time of
subdivision, does not necessarily, but may involve:
(1) A land disturbance permit;
(2) New streets;
(3) The extension of a utility or other municipal facility; and
(4) Depicts all legal and engineering information required by this chapter.
Plat, Preliminary, means a drawing that shows the proposed layout of a subdivision in sufficient detail
to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations.
The preliminary plat is the first stage in securing a land disturbance permit.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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Right-of-way dedication and reservation plan means an element of the city's comprehensive plan
maintained by the public works department which includes guidelines and procedures for the dedication
and reservation of rights-of-way along public roadways.
Standard details means illustrative minimum standards for land development activities authorized
under the city's land development regulations. These standards shall not supercede more restrictive
prudent design requirements or good engineering practices as applied to specific situations on a case-by-
case basis. All construction shall meet or exceed the Fulton County minimum standards established by the
Georgia Department of Transportation (GDOT).
Street classifications means the classification of streets based on functions, from high-traffic arterial
roads to low traffic residential streets. The following are definitions intended to distinguish between different
street classifications. All roadways are classified per the state department of transportation:
Collector means a roadway that has partial or no access control and has more emphasis on
access to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and
from the arterial system and allow access to the local roads.
Freeway means a multi-lane roadway that has full access control and separation of directional
traffic. Freeways accommodate large volumes of high speed traffic and provide efficient movement of
vehicular traffic for interstate and major through travel.
Frontage street means a road that typically runs parallel to a partial access controlled roadway,
a full access controlled facility, or a railroad. Frontage roads provide public access to the adjacent
parcels, help control access to the major facility, and/or maintain circulation of traffic on each side of
the major facility.
Full access control means preference is given to through traffic by providing access connections
only with selected public roads and by prohibiting crossings at grade and direct private connections.
Local means any roadway that has no access control, and places strong emphasis on access to
adjacent land over mobility while service to through traffic is discouraged.
Minor arterial means a roadway that has partial or no access control and is primarily used for
inter-connectivity of principal arterials and placing more emphasis on access to adjacent land over
mobility.
No access control means preference is generally given to access to adjacent land rather than
mobility.
Partial access control means preference is given to through traffic to a degree that, in addition to
connection with selected public roads, there may be some crossing at grades, but private connections
shall be prohibited.
Principal arterial means a roadway that has partial or no access control, and is primarily used for
fast or large volumes of traffic. Emphasis is placed on mobility rather than access to adjacent land.
Street, private, means a street that has not been dedicated to the municipality or other government
entity.
Street, public, means a dedicated and accepted right-of-way for vehicular traffic.
Street, residential, means streets internal to residential subdivisions. The following definitions are
intended to distinguish between different categories of streets internal to residential subdivisions:
Housing unit service means the number of housing units served by a street or collection of streets
shall be the aggregate number of housing units provided, or potentially to be provided, with driveway
access directly from the street plus the number of units utilizing or potentially utilizing the street for
through traffic movements. Such calculations shall be made at the beginning and ending of the same
street intersection.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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Major subdivision street means a local road internal to a subdivision which serves 50 or more
housing units. These units do not have to be directly served by the major subdivision street. Major
subdivision streets are roads that serve as collectors for the subdivision traffic. Any residential street
which accesses a collector or arterial road shall be considered a major subdivision street for the first
300 feet regardless of housing unit service.
Minor subdivision street means a local road internal to a subdivision which serves fewer than 50
housing units and does not access a collector or arterial road.
Stub-out street means a street having one end open to traffic and being temporarily terminated at the
other. Stub-outs generally do not have a temporary vehicular turnaround. This temporary termination is to
provide connectivity to future developments and may be constructed without curb and gutter, provided such
stub-out street meets the standards of the Fulton County Fire Department.
Subdivider means any property owner, person, individual, firm, partnership, association, corporation,
estate, trust, agent of property owner, or any other group or combination acting as a unit dividing or
proposing to divide land so as to constitute a subdivision.
Subdivision, residential and nonresidential, means any division of a lot, tract or parcel, regardless of
its existing or future use, into two or more lots, tracts or parcels. The term "subdivision" means the act or
process of dividing property, except that, where appropriate to the context, the term "subdivision" may be
used in reference to the aggregate of all lots held in common ownership at the time of subdivision.
Subdivision, major, means a subdivision that does not qualify as a minor subdivision.
Subdivision, minor, means a subdivision of no more than three lots that, at the time of subdivision,
does not necessarily, but may involve:
(1) A land disturbance permit;
(2) New streets; or
(3) The extension of a utility or other municipal facility.
Traffic mitigation action plan means a plan that studies and addresses the number of trips a subdivision
will produce when such development results in the reduction of the level of service on any roadway currently
functioning at "D" or worse in accordance with the county transportation standards.
(1) The term "traffic mitigation action plan" includes, but is not limited to:
a. Roadway improvements; and
b. Other proposals, such as:
1. Providing transit access;
2. Transit use incentives;
3. Car/van pooling;
4. Bicycle path construction;
5. Off-site and internal sidewalk construction; and
6. Lunch trip reduction.
(2) The traffic mitigation action plan shall mitigate the traffic impact in a manner that will show no
negative impact on roads with level of service of "D" or worse.
Trails, pedestrian or others, means extended and usually continuous strips of land established
independently of other routes of travel and dedicated, through ownership or easement, to recreational travel
including hiking, horseback riding, etc.
Formatted: p0
Commented [PF1]: This comes from existing language but is it
still the desired language? As it stands, the only test for a minor
subdivision is that it has 3 or fewer lots.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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Utility accommodations (guidelines and procedures) means a county program maintained by the public
works department which includes:
(1) Installing, maintaining, repairing, operating, or using a pole line, buried cable, pipeline, or
miscellaneous utility facility; and
(2) Performing miscellaneous operations authorized by a utility permit.
Utility permit means an official authorization issued by the public works department, allowing the
alteration of land within the right-of-way for the commencement of any construction activities pertaining to
utility installation or relocation.
Zoning ordinance means the Zoning Ordinance of the City of Milton, Georgia, (chapter 64).
(Ord. No. 06-12-74, § 6(art. III), 12-21-2006)
Sec. 50-2. - Penalty.
(a) Civil. Any person violating any provision of this chapter, shall be deemed liable for civil penalties not
less than $1,000.00 and not to exceed $2,500.00 and/or imprisonment for 60 days, or as amended by
applicable statutes. Each day's continuance of a violation shall be considered a separate offense. The
owner of any lands or parts thereof, where anything in violation of this provision shall be placed, or
shall exist, and any person who may assist in the separate offense, the city court, or any court of
competent jurisdiction, shall have jurisdiction of any offense charged under this section.
(b) Additional remedies. In any case in which any land is, or is proposed to be, used in violation of these
regulations or any amendment thereto adopted by the mayor and city council, may, in addition to other
remedies provided by law, institute injunction, abatement or any appropriate action, or proceeding to
prevent, enjoin or abate such unlawful use.
(Ord. No. 06-12-74, § 6(art. XI(11.1), (11.2)), 12-21-2006)
Sec. 50-3. - Title.
The title of these regulations shall be known as "The Subdivision Regulations of the City of Milton,
Georgia."
(Ord. No. 06-12-74, § 6(art. I(1.1)), 12-21-2006)
Sec. 50-4. - Purpose.
These rules and regulations are intended to serve the following purposes, among others:
(1) To protect and promote the health, safety and general welfare of the city's residents.
(2) To encourage economically sound and stable land developments.
(3) To ensure the adequate provision of streets, access, utilities, and other facilities and services to
new land developments in conformance with public improvement standards and regulations of
the city.
(4) To ensure the adequate provision of safe and convenient traffic access, connectivity to other
developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land
developments.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(5) To ensure the provision of needed open space and building sites in new land developments
through dedication or reservation of land for recreational, educational, environmental, green
space, bikeways and pedestrian trails, and other public purposes.
(6) To ensure equitable handling of all requests for the subdivision of land by providing uniform
procedures and standards for the subdivider.
(Ord. No. 06-12-74, § 6(art. I(1.2)), 12-21-2006)
Sec. 50-5. - Conflicts.
Where conflicts exist between this chapter and other city regulations and policies, either the most
restrictive or the city's written interpretation shall prevail.
(Ord. No. 06-12-74, § 6(art. XII), 12-21-2006)
Secs. 50-6—50-42. - Reserved.
ARTICLE II. - AUTHORITY AND APPLICATION
Sec. 50-43. - Portions of state Constitution adopted.
These subdivision rules and regulations are adopted under the authority of the following portions of
the 1983 Constitution of the State of Georgia:
(1) Article IX, section II, paragraph I; and
(2) Article IX, section II, paragraph IV.
(Ord. No. 06-12-74, § 6(art. II(2.1)), 12-21-2006)
Sec. 50-44. - Minor/conceptualPreliminary plat required.
(a) Any subdivider of land within the incorporated city shall submit to the director of the community
development department a minor or conceptualpreliminary plat of the proposed subdivision
conforming to all the requirements set forth in these regulations and any other applicable county,
state and federal regulations. Approval of the preliminary plat application shall be considered by
the director or the planning commission as appropriate. Once the conceptual preliminary plat is
approved, a final plat must be filed which conforms to all requirements set forth in these
regulations.
(Ord. No. 06-12-74, § 6(art. II(2.2)), 12-21-2006)
Sec. 50-45. - Unlawful to sell or transfer subdivided land without minor or final plat confirmation.
Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" +
Indent at: 0.55"
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned at: 0.55" +
Indent at: 0.8"
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any
subdivided land without the minor or final plat of that subdivision having been confirmed by the mayor and
city council.
(Ord. No. 06-12-74, § 6(art. II(2.3)), 12-21-2006)
Sec. 50-46. - Approval and permits required prior to construction.
No subdivider shall proceed with any construction work on the proposed subdivision, including
clearing, grading or grubbing, before obtaining the appropriate approvals and permits.
(Ord. No. 06-12-74, § 6(art. II(2.4)), 12-21-2006)
Sec. 50-47. - Approval and confirmation required prior to dedicating, extending or accepting public
street.
No land shall be dedicated, opened, extended or accepted as a public street or for any other public
purpose before obtaining final approval from the director and confirmation by the mayor and city council.
The approval shall be entered in writing on the final plat by the director. Any subdivider of property for public
purpose (other than streets) shall be transferred by deed.
(Ord. No. 06-12-74, § 6(art. II(2.5)), 12-21-2006)
Sec. 50-48. - No building permit issued unless legal access to street approved.
No building permit shall be issued within the incorporated area of the city unless legal access is
provided to a public street or a private street approved under the terms of these rules and regulations.
(Ord. No. 06-12-74, § 6(art. II(2.6)), 12-21-2006)
Sec. 50-49. - Residential subdivision building permit issued only after approval and confirmation of
minor or final plat.
In residential subdivisions, building permits may be issued on the basis of any approved minor plat or
final plat only after the approval of the director, and the mayor and city council's confirmation.
(Ord. No. 06-12-74, § 6(art. II(2.7)), 12-21-2006)
Sec. 50-50. - Court ordered divisions of property excepted from this chapter.
The divisions of property by court order including, but not limited to, judgments of foreclosure or
consolidation and disbursement of existing lots by deed or other recorded instruments, shall not be
considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these
regulations.
(Ord. No. 06-12-74, § 6(art. II(2.8)), 12-21-2006)
Sec. 50-51. - Model home regulations.
Commented [PF2]: Making sure that a preliminary plat is not
sufficient to get building permits.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
Page 8
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(a) The subdivider shall be allowed one building permit for a model home for each 15 lots located in the
proposed subdivision; provided the subdivider provides an agreement to install improvements for a
cash surety equal to 125 percent of the cost for the remaining infrastructure improvements, based on
written estimates by the design professional for the project. Notwithstanding the permitted rate for
model homes, the maximum number of building permits for model homes to be allowed in any one
subdivision shall not exceed ten.
(b) The following shall apply for lots where model homes are allowed:
(1) The lots shall be located within 300 feet of an active fire hydrant;
(2) Main sewer and water lines for these lots shall be installed by the developer and be subject to
review and approval by Fulton County; installation of these lines shall take place prior to issuance
of the certificate of occupancy; and
(3) The lots shall have a minimum 20-foot wide fire access road extending from a paved public street
to within 100 feet of the proposed structure.
(Ord. No. 06-12-74, § 6(art. II(2.9)), 12-21-2006)
Secs. 50-52—50-70. - Reserved.
ARTICLE III. - REQUIREMENTS
DIVISION 1. - GENERALLY
Sec. 50-71. - Compliance with city procedures and guidelines required.
All proposals to subdivide combine or recombine parcels of land under the provision of these
regulations shall be in compliance with the City of Milton's Standard Procedures and Guidelines for
Subdividing Property.
(1) All final plats, replats and minor plats shall have the consent of the owners of all affected lots
shown on said plat. Replats or new plats showing modifications to common areas shall require
the consent of owners of all lots shown in the original final plat.
(2) Proposals for the subdivision, combination or recombination of lawful previously platted lots or
parcels, or portions thereof, shall be in compliance with the zoning ordinance (chapter 64).
(3) If construction activity contemplated results in the disturbance of an area of 5,000 square feet or
more, a land disturbance permit must be approved along with any building permit prior to
construction.
(4) Where a proposed lot fronts an existing public street, the subdivider shall improve the street along
the lot's frontage to the applicable standards of these regulations and any standard details as
determined by the director.
(5) All slope, drainage and utility easements, as well as necessary right-of-way widths (as determined
by the director) on an existing public street, paved or unpaved, shall be provided by the subdivider
at no cost to the city.
(6) Each proposed lot shall comply with the requirements of the Fulton County Department of Health,
whose certification of approval shall accompany the submission of the final plat to the director.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(7) A minor plat proposal, as defined in section 50-1, may be exempt from traffic and drainage studies
and tree surveys, when an analysis is submitted and concludes that the development would have
no negative impact on traffic or drainage.
(8) Each lot created under the provisions of a minor plat shall not subsequently be resubdivided
pursuant to the provisions of a minor plat.
(9) For the division of land in the AG-1 (Agricultural) zoning district adjacent to or has access to
unpaved roads, the following rules shall apply:
a. Each proposed lot shall contain a minimum area of three acres.
b. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension
of which shall be maintained to the building line of the lot.
c. Each proposed lot shall provide at least 200 feet of lot width at the building line.
(10) For the division of land in O-I, C-1, C-2, MIX, and M1-A, M-1 and M-2 zoning districts, after initial
development of the property, the following standards shall also apply:
a. A proposed lot fronting an existing public street shall contain the necessary frontage required
by the zoning ordinance (chapter 64).
b. The subdivider shall submit documentation of the necessary easements providing for access
to a public street for proposed lots that front only on an existing, documented, paved private
street or driveway.
c. All slope, drainage and utility easements, as well as necessary street rights-of-way (as
determined by the director) shall be provided by the subdivider at no cost to the city.
(Ord. No. 06-12-74, § 6(4.1), 12-21-2006)
Secs. 50-72—50-90. - Reserved.
DIVISION 2. - PROCESS
Sec. 50-91. - Conceptual planPreliminary plat approval.
(a) All preliminary plat applications shall be reviewed by the community development department staff for
completeness. A preliminary plat application shall be deemed to be complete if the application complies
with all applicable city, county, state and federal regulations. If staff determines that an application is
not complete, the applicant will be notified of any deficiencies and provided the opportunity to revise
the plat to correct the identified deficiencies without the need for the filing of a new application. If staff
determines that previously identified deficiencies remain in any corrected preliminary plat, staff may
reject the application entirely or request that the applicant submit a new corrected preliminary plat.
For minor subdivision preliminary plats, after staff determines that the application is complete,
the community development director shall review the preliminary plat and shall approve the
plat unless the plat is inconsistent with any specific adopted plans or policies, or is inconsistent
with the public health, safety and welfare.
(1) For major subdivision preliminary plats, after staff determines that the application is complete,
the community development director shall forward the application to the planning commission
for consideration. The planning commission shall review the preliminary plat at its next
regularly scheduled meeting and shall approve the plat unless the plat is inconsistent with any
specific adopted plans or policies, or is inconsistent with the public health, safety and welfare.
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.5" + Indent at: 0.75"
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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a. Notification of planning commission meeting.
i. Prior to the approval of a preliminary plat, said plat shall be placed on the next
available planning commission meeting within 45 days of the preliminary plat
being submitted.
ii. The applicant or agent shall post a sign as directed by the community
development department in a conspicuous location on each street frontage of
the subject property at least 14 days prior to the planning commission
meeting. It will be the applicant's responsibility to ensure the posting remains
in a conspicuous location on site until after the scheduled planning
commission meeting.
iii. The department shall give notice of the planning commission meeting by
regular mail to all property owners or current residents within 500 feet of the
boundaries of the subject property and a minimum of 75 owners who appear
on the city tax records as retrieved by the city's geographic information system
in the surrounding area around the subject property, which 75 owners may
include those located within 500 feet of the subject property. The notices shall
be mailed a minimum of 14 days prior to the planning commission meeting.
iv. The mailed notices shall contain the time, place, and purpose of the planning
commission meeting, the location of the property, and description of the
proposed subdivision. The posted sign shall include all of the items required
in the mailed notice except the location of the property.
(2) A preliminary plat application may be denied without prejudice, thereby allowing the applicant
to resubmit a revised plat for consideration without the necessity of paying a new application
fee, if the application is found to be inconsistent with the public health, safety and welfare, but
in such a way that minor revisions to the plat could correct the inconsistency.
(b) (a) Pursuant to these regulations, application for conceptual plan approval shall be submitted to the
department, and, if found compliant, a certificate of conceptual plan Preliminary plat approval shall be
issued which shall continue in effect for a period as follows or for as long as construction activity is
continuous and at least 25 percent of the land area within the plan preliminary plat has received final
plat approval, whichever is longer:
(1) Two years for subdivisions of 50 lots or less.
(2) Three years for subdivisions of more than 50, but less than 300 lots.
(3) Four years for subdivisions of more than 300 lots.
(b) Accordingly, if the certificate of conceptual planpreliminary plat approval expires, a new application
shall must be submitted and shall be subject to the regulations in effect at the time of such submission.
(c) Should the preliminary plat application be denied, the basis for the denial shall be stated in writing to
the applicant. The subdivider may file an appeal in accordance with section 50-231.
Formatted
Formatted
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.3" + Indent at: 0.55"
Formatted: Indent: First line: 0.01"
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.3" + Indent at: 0.55"
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(Ord. No. 06-12-74, § 6(4.2(4.2.1)), 12-21-2006)
Sec. 50-92. - Land disturbance permit.
(a) Following the issuance of the certificate of conceptual planpreliminary plat approval, site development
plans shall be submitted for approval prior to any defoliation or the commencement of development
activities on the subject property. Approval of such plans shall result in the issuance of a duly
authorized land disturbance permit which, along with the approved plans, must be maintained on the
site until all site work, as proposed and approved, is completed.
(b) An application for a permit for any proposed work shall be deemed to have been abandoned 180 days
after the date of filing, unless such application has been pursued in good faith or a permit has been
issued, except that the director is authorized to grant a maximum of two extensions of time not
exceeding 90 days each. The extension shall be requested in writing and justifiable cause
demonstrated.
(c) Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the
subdivider protecting the city against damage, repair or maintenance claims and liability arising out of
drainage problems. The director, or his or her designee, is hereby authorized to execute such
agreements on the city's behalf.
(d) Every permit issued shall become invalid unless the work on the site authorized by such permit is
commenced within 180 days after its issuance, or if the work authorized on the site by such permit is
suspended or abandoned for a period of 180 days after the time the work is commenced. The director
is authorized to grant, in writing, a maximum of two extensions of time, for periods not more than 180
days each. The extension shall be requested in writing and justifiable cause demonstrated.
(Ord. No. 06-12-74, § 6(4.2(4.2.2)), 12-21-2006)
Field Code Changed
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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Sec. 50-93. - Final plat approval.
(a) (a) Whenever the provisions of these rules and regulations have been complied with and while the
certification of conceptual planpreliminary plat approval is in effect, the subdivider may submit to the
manager community development director an application for final plat review and approval pursuant to
these regulations. All required infrastructure shall be completed and approved, or performance bonds
for a portion of such improvements shall be filed in accordance with subsection (c) of this section prior
to filing for final plat approval.
(b) The final plat shall be submitted and drawn to the specifications of the Georgia Plat Act and the
standards of the city.
(c) Prior to the approval or recording of a final plat, the following must be provided by the subdivider, or
his or her designee thereof:
(1) Cash assurance in an amount equal to 125 percent of the cost of infrastructure improvements not
yet in compliance. Said cash bond shall be maintained until the improvements have been
approved by the city;
(2) Maintenance bond to ensure the viability of infrastructure improvements;
(3) Drawings demonstrating the "as-built" conditions of the site, or cash assurance that such will be
provided within 30 days;
(4) An electronic format acceptable to the public works department containing data about the sanitary
sewer and water systems where available;
(5) Signed release of the project by the development inspector; and
(6) Recorded deed to the city for any dedicated space.
(d) All final plat applications shall be reviewed by the community development department staff for
completeness. A final plat application shall be deemed to be complete if the application complies with
all applicable city, county, state and federal regulations. If staff determines that an application is not
complete, the applicant will be notified of any deficiencies and provided the opportunity to revise the
plat to correct the identified deficiencies without the need for the filing of a new application. If staff
determines that previously identified deficiencies remain in any corrected final plat application, staff
may reject the application entirely or request that the applicant submit a new corrected final plat.
(e) For all final plats, after staff determines that the application is complete and signed accordingly, the
community development director shall forward the application to the mayor and city council for
consideration. The mayor and city council shall review the final plat at their next regularly scheduled
meeting and shall approve the plat unless the plat substantially differs from the previously approved
preliminary plat, is inconsistent with any specific adopted plans or policies, or is inconsistent with the
public health, safety and welfare.
(f) A final plat application may be denied without prejudice, thereby allowing the applicant to resubmit a
revised plat for consideration without the necessity of paying a new application fee, if the application is
found to be substantially different from the previously approved preliminary plat, inconsistent with any
specific adopted plans or policies, or inconsistent with the public health, safety and welfare.
(d) Having been certified by the director as compliant to these and other applicable regulations, the final
plat shall be recorded with the clerk of the superior court of Fulton County.
(e)(g) The final plat shall be considered approved upon the vote of approval by at the time of the
certification by the director, and shall be presented for ratification to the mayor and city council at the
next regularly scheduled meeting.
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 4 + Alignment: Left +
Aligned at: 0.5" + Indent at: 0.75"
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(d)(h) HavingAfter being been certified by the director as compliant to these and other applicable
regulationsapproved by the mayor and city council, the city shall cause the final plat shallto be recorded
with the clerk of the superior court of Fulton County.
(d) Should the director not approve any subdivisionfinal plat application be denied, the basis for the denial
shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with section
50-231232.
Sec. 50-94 – Minor plat approval.
(a) For a minor plat, after staff determines that the application is complete, the community development
director shall review the minor plat and shall approve the plat unless the plat is inconsistent with any specific
adopted plans or policies, or is inconsistent with the public health, safety and welfare.
(1) Should the community development director not approve the minor plat, the basis for the denial
shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with
section 50-233.
(b) After the review and approval by the community development director, a minor plat shall be placed on
the consent agenda of the mayor and city council meeting.
(c) After being confirmed by the mayor and city council, the city shall cause the final plat to be recorded
with the clerk of the superior court of Fulton County.
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.3" + Indent at: 0.55"
Field Code Changed
Formatted: Indent: Left: 0.5"
Formatted: Indent: Left: 0.25"
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(Ord. No. 06-12-74, § 6(4.2(4.2.3)), 12-21-2006)
Secs. 50-94—50-112. - Reserved.
ARTICLE IV. - GENERAL PRINCIPLES OF THE LAND
Sec. 50-113. - Suitability of the land.
Land subject to flooding, improper drainage, erosion, and deemed unsuitable for development in
accordance with the city's standards shall not be platted for any use that may continue such conditions or
increase the danger to health, safety, life, or property unless steps are taken to eliminate the hazards
mentioned in this section.
(Ord. No. 06-12-74, § 6(5.1), 12-21-2006)
Sec. 50-114. - Access.
(a) Unless otherwise herein noted, every subdivision shall be served by publicly dedicated streets or
private streets in accordance with the following:
(1) The proposed streets shall meet the city's standards and regulations.
Field Code Changed
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(2) No road intended to be private is to be extended to serve property outside that development
unless approved by the public works department.
(3) In residential subdivisions, the private roads shall be maintained by a mandatory homeowners'
association and documents of incorporation shall be submitted to the managerdirector of
community development for review and approval prior to the recording of the final plat.
(4) The subdivider shall provide all necessary easements for ingress and egress for police, fire,
emergency vehicles and all operating utilities.
(5) The final plat of any subdivision that contains private streets shall clearly state that such streets
are private streets.
(b) When land is subdivided, the created parcels shall be arranged and designed so as to allow for the
opening of future streets and provide access to those areas not presently served by streets.
(c) No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of
land without current street access.
(d) Lots may share access as stipulated herein. Lot frontage and access do not necessarily have to be
along or front the same public street, if approved by the director.
(e) The director shall have the right to encourage design of the subdivision in a manner that will:
(1) Enhance traffic circulation and other community needs;
(2) Encourage pedestrian traffic to schools, parks, existing and planned greenspace corridors, and
neighborhood shopping centers;
(3) Reduce impacts on streams and lakes;
(4) Reduce unwanted noise, lights on neighboring lots; and
(5) Discourage vehicular speeding on local streets.
(Ord. No. 06-12-74, § 6(5.2), 12-21-2006)
Sec. 50-115. - Conformance to city comprehensive plan.
(a) All proposed subdivisions shall conform to the city comprehensive plan and development policies in
effect at the time of submission.
(b) The director shall not approve plats when such planned features, as specified by the comprehensive
plan, are not incorporated into the plat.
(c) Whenever the plat proposes the dedication of land for public use and the director or the appropriate
agency finds that such land is not acquired consistent with the appropriate agency plans, policies, or
priorities, the director may either refuse to approve the plat, or require the rearrangement of lots to
include such land.
(d) If a development is proposed within one mile of any roadway operating at a level of service "D" or
worse, in accordance with the county transportation standards, a traffic mitigation action plan must be
submitted and approved by the director prior to the issuance of a land disturbance permit.
(e) The term "greenspace," as referred to in this chapter, means a permanently protected land including
agricultural and forestry land that is in its undeveloped, natural state or that has been developed only
to the extent consistent with, or is restored to be consistent with, one or more of the following purposes:
(1) Water quality protection for rivers, streams, and lakes;
(2) Flood protection;
(3) Wetlands protection;
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(4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream
banks;
(5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native
plant and animal species;
(6) Scenic protection;
(7) Protection of archaeological and historic resources;
(8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging,
biking, walking, and similar outdoor activities; and
(9) Connection of existing or planned areas contributing to the purposes set out in this section.
(Ord. No. 06-12-74, § 6(5.3), 12-21-2006)
Sec. 50-116. - Zoning and other regulations.
(a) No subdivision shall be created or recorded that does not comply with the standards of the zoning
ordinance (chapter 64) and the approved conditions of zoning for the property.
(b) Whenever there is a discrepancy between minimum standards or dimensions noted herein and those
contained in the zoning regulations, building codes, or other official regulations or resolutions, the most
restrictive shall apply unless set forth in the conditions of zoning.
(c) All proposed subdivisions shall comply with the county stormwater design manual.
(Ord. No. 06-12-74, § 6(5.4), 12-21-2006)
Sec. 50-117. - Amendments.
(a) Modifications of the provisions set forth in these regulations may be approved by the director when
granting of such modification will not adversely affect the general public or nullify the intent of these
regulations.
(b) Should the director deny a request to modify in accordance with subsection (a) of this section, the
applicant may appeal the director's decision in accordance with section 50-231.
(Ord. No. 06-12-74, § 6(5.5), 12-21-2006)
Secs. 50-118—50-136. - Reserved.
ARTICLE V. - CONSERVATION SUBDIVISION
Secs. 50-137—50-155. - Reserved.
ARTICLE VI. - DESIGN STANDARDS
Sec. 50-156. - Compliance with this article required.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
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All applicable design standards as set forth in this article and the standard details shall be observed in
all plats as approved by the director.
(Ord. No. 06-12-74, § 6(7.1), 12-21-2006)
Sec. 50-157. - Streets.
All streets, public or private, shall be constructed to the construction standards of the city's public works
department.
(1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the
city comprehensive plan and shall consider their relation to existing and planned streets,
topographical conditions, and appropriate relation to the proposed uses of the land to be served
by such streets.
(2) The streets serving residential subdivisions shall be arranged and designed such that their use
for through traffic will be discouraged.
(3) Where a subdivision contains a dead-end street or stub-street other than a cul-de-sac, the
subdivider shall provide a temporary cul-de-sac within the right-of-way. Where a temporary cul-
de-sac is required, the subdivider shall be responsible for maintaining and for the construction of
the final street connection or turnaround as required.
(4) Where a subdivision abuts or contains an existing or proposed street classified as a collector
street or higher, the director may require frontage streets. Double frontage lots may be required
to have screening and no access easements along lot lines fronting on arterials or collector
streets. Deep lots with rear service drives, or other treatment as may be necessary for adequate
protection of residential properties, may be required to afford separation of through and local
traffic.
(5) Where a subdivision borders on or contains a railroad right-of-way, or a full or partial access
control facility right-of-way, the director may require a street approximately parallel to and on each
side of the right-of-way.
(6) Street right-of-way widths for major streets shall be dedicated as specified in the city
comprehensive transportation plan and the right-of-way dedication and reservation plan. Other
street right-of-way widths shall be not less than as specified under section 50-160.
(7) Where a subdivision abuts an existing street, the subdivider shall dedicate additional right-of-way
on the existing streets to meet the requirements as set forth in the right-of-way dedication and
reservation plan.
(8) New road grades should be as indicated in the following table:
Street Type
New Road
Grade
(maximum)
Collector 8%
Major subdivision street 12%
Minor subdivision street 14%
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Note—Grades exceeding 12 percent shall not exceed a length of 250 feet.
(9) Interparcel access shall be provided to adjacent properties upon determination by the director
that such access is in the best interest of the public health, safety, or welfare. In residential
subdivisions, where private streets are proposed, the director may require a public street for
interparcel connection purposes; the director may also require a shared access.
(10) Alignment.
a. Minimum vertical. All local roads with 25 miles per hour designs shall be connected by
vertical crest curves of a minimum length not less than 12 times the algebraic difference
between the rates of grade, expressed in feet per hundred. All local roads with a 25 miles
per hour design speed shall be connected by vertical sag curves of minimum length not less
than 26 times the algebraic difference between the rates of grade, expressed in feet per 100.
In any case, the sight distance shall meet the minimum requirements of this article.
1. In proposed approaches of new streets to intersections with existing streets, there shall
be a suitable leveling of the street at a grade not exceeding three percent and for a
distance of not less than 50 feet as measured from the back of the curb of the
intersecting street.
2. In approaches to intersections internal to residential subdivisions, there shall be a
suitable leveling of the street at a grade not exceeding five percent and for a distance
of not less than 50 feet as measured from the center point of the intersection.
b. Minimum horizontal; radii of centerline curvature. The minimum horizontal shall be not less
than the following:
1. Major subdivision street designed for 35 miles per hour: 200 feet.
2. Other major subdivision street: 100 feet.
3. Minor subdivision street: 100 feet.
c. Tangents; between reverse curves. The minimum tangents shall be not less than the
following:
1. Major subdivision streets designed for 35 miles per hour: 100 feet.
2. Other major subdivision street: 50 feet.
3. Minor subdivision street, where there is no super-elevation: 50 feet.
d. Intersection visibility requirements.
1. Roadways and their intersections shall be designed such that the proper sight distance
is maintained.
2. Minimum sight distance shall be determined by the operating speed of the road as
determined by the public works department.
3. Intersection sight distance shall be no less than the following:
Minimum Sight Distance
Feet Speed (in mph)
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280 25
335 30
390 35
445 40
500 45
610 55
4. Minimum horizontal visibility shall be measured on the centerline.
5. When a proposed curb cut intersects an existing roadway, the minimum visibility shall
be provided as follows:
(i) When measuring in the horizontal plane, the intersection sight distance is
determined with the following assumptions.
A. The driver's eye location is to be assumed at the centerline of the exiting lane
of the proposed curb cut behind the stop bar.
B. The object location is to be assumed at the centerline of the closest oncoming
lane for each direction.
(ii) When measuring in the vertical plane, intersection sight distance is determined
with an assumed height of driver's eye and an assumed height of the object of 3½
feet.
(iii) When measuring in either plane, the line of sight must remain in the proposed
dedicated right-of-way, unless sufficient easements, maintenance agreements,
indemnifications agreements are provided, or additional right-of-way is dedicated.
e. Stopping sight distance visibility requirements.
1. Roadways and their intersections shall be designed such that proper stopping sight
distance is maintained.
2. Minimum sight distance shall be determined by the design speed of the proposed road
as determined by the public works department.
3. Stopping sight distance along a roadway shall be no less than the following:
Stopping Sight Distance Visibility Requirements
Feet Speed (in mph)
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155 25
200 30
250 35
4. Minimum vertical visibility for stopping sight distance along the roadway shall be
determined by measuring between two points of which the height of the driver's eye
shall be assumed at 3½ feet to an assumed object which is two feet in height. The line
of sight must remain within the proposed dedicated right-of-way, unless sufficient
easements, maintenance agreements, and indemnification agreements are provided,
or additional right-of-way is dedicated.
5. Minimum horizontal visibility for stopping sight distance shall be measured on the
centerline.
(11) Street intersections shall be as nearly at right angles as possible, and no intersection shall be at
an angle less than 80 degrees. Detailed designs of intersections shall be required to include all
striping and pedestrian crosswalks. Pedestrian crossing signs and signals may be required.
(12) The curbline radius at street intersections shall parallel the right-of-way radius.
(13) Right-of-way radius. The right-of-way radius at street intersections shall be at least 20 feet, and
where the angle of intersection is less than 90 degrees, the public works department may require
a greater radius.
(14) The centerline offsets on streets internal to a residential subdivision shall not be less than 200
feet. The centerline offsets for all other streets and curb cuts providing access to developments
shall not be less than 300 feet, except greater centerline offsets may be required by the director.
(15) Cul-de-sac streets shall be designed so that the maximum desirable length shall be 600 feet.
(Ord. No. 06-12-74, § 6(7.2), 12-21-2006)
Sec. 50-158. - Blocks.
(a) The lengths, widths, and shapes of blocks shall be determined with due regard to:
(1) Provisions of adequate building sites suitable to the special needs of the type of use
contemplated;
(2) Zoning requirements as to lot sizes and dimensions unless a planned unit development is
contemplated;
(3) Needs for convenient access, circulation, control and safety of street traffic; and
(4) Limitations and opportunities of topography.
(b) Residential blocks shall be wide enough to provide two tiers of lots, except where fronting on streets
classified as a collector street or higher or prevented by topographical conditions or size of the
property. The director may require or approve a single tier of lots of minimum depth.
(Ord. No. 06-12-74, § 6(7.3), 12-21-2006)
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Sec. 50-159. - Lots.
(a) The size, shape, arrangement, orientation of every lot shall be subject to the director's approval for the
type of development and use contemplated. Proposed internal lot lines (not on the street side) shall
not be curved.
(b) Every lot shall conform to the dimension, area, and size requirements of the zoning ordinance (chapter
64) and conditions of zoning.
(c) Lots not served by a public sewer or community sanitary sewerage system and public water shall meet
the dimension and area requirements of the department of health.
(d) Double frontage lots shall be prohibited, except as approved by the director provided that such lots
are essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography, orientation, and property size. A planted screen may be required
along lot lines abutting a traffic artery or other use that would have potential negative impact.
(e) The creation of remnant lots that are below minimum standards shall be prohibited unless such lots
are designated as common area on the final plat and maintained by the homeowners' association or
some other entity approved by the city.
(f) Each lot shall have direct access to an abutting, existing public street or to a street contained within
the proposed subdivision. A connection through an approved private drive may be permitted by the
director.
(g) The subdividing of land adjacent to or surrounding an existing or proposed lake where lots abutting
the lake shall be drawn to the centerlines of the lake or identified a common area, maintained by the
homeowner's association.
(Ord. No. 06-12-74, § 6(7.4), 12-21-2006)
Sec. 50-160. - Subdivision streets.
(a) The minimum requirements for major subdivision streets shall be as follows:
(1) Right-of-way: 50 feet.
(2) Pavement width: 24 feet back of the curb to back of the curb.
(3) Cul-de-sac:
a. Right-of-way: 50-foot radius with a ten-foot radius landscape island.
b. Pavement width: 40-foot radius to back of the curb.
(4) Sidewalks. In accordance with subsection 50-182(d).
(5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing
approved by the city arborist.
(b) The minimum requirements for minor subdivision streets shall be as follows:
(1) Right-of-way: 44 feet.
(2) Pavement width: 22 feet back of the curb to back of the curb.
(3) Cul-de-sac:
a. Right-of-way: 42-foot radius with a eight-foot radius landscape island.
b. Pavement width: 32-foot radius to back of the curb.
(4) Sidewalks. In accordance with subsection 50-182(d).
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(5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing
approved by the city arborist.
(c) For streets other than mentioned in subsections (a) and (b) of this section, the director shall determine
the required cross section.
(d) All residential subdivision streets shall be designed for a maximum of 25 miles per hour. The director
may require that subdivision streets that will not provide direct residential access be designed for up
to 35 miles per hour.
(e) Where streets are longer than 600 feet, traffic calming devices shall be incorporated to include green
space, islands, residential roundabouts, or other traffic calming devices as approved by the director.
Where traffic calming devices such as speed bumps are used, they shall not exceed six inches in
height. The minimum distance between individual devices shall not be less than 500 feet, and shall
not be more than 900 feet. All services must conform to the city's design standards.
(Ord. No. 06-12-74, § 6(7.5), 12-21-2006)
Sec. 50-161. - Gated communities.
Gates installed in subdivisions with more than one lot shall comply with the following:
(1) Plan approval and a permit shall be obtained prior to installing of any gates. The permit fee shall
be calculated in accordance with applicable building permit fees. Gates shall not prohibit public
access to dedicated areas as defined within these regulations.
(2) No gate shall be installed within the city's right-of-way.
(3) The gate shall not create a dead end street without first installing a cul-de-sac conforming to the
city's standards on a dead-end street exceeding 250 feet in length.
(4) Gates shall provide for stacking distance, turnaround and emergency vehicle access as required
by the city.
(5) Gate permits may be denied based on traffic conditions, interconnectivity needs, and when not in
compliance with adopted guidelines.
(Ord. No. 06-12-74, § 6(7.6), 12-21-2006)
Secs. 50-162—50-180. - Reserved.
ARTICLE VII. - REQUIRED IMPROVEMENTS
Sec. 50-181. - Utility improvements required by this article.
Every subdivider shall be required to install or have installed the appropriate public utility and
improvements referred to in this article as found in the following documents:
(1) Department of Public Works: Standard Plans.
(2) Fulton County Comprehensive Storm Drainage and Criteria Manual.
(3) Sewer Regulations of Fulton County.
(4) City of Milton Tree Preservation Ordinance.
(5) Utility Accommodation: Guidelines and Procedures.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
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(Ord. No. 06-12-74, § 6(8.1), 12-21-2006)
Sec. 50-182. - Streets.
(a) Grading. The required improvements for street grading shall be as follows:
(1) All street rights-of-way shall be cleared and graded to standards of the public works department.
(2) Finished grades shall be at levels approved in accordance with the standard plans.
(3) When property adjacent to the street is not owned by the subdivider, he or she shall obtain the
necessary easements of sloping banks before submitting for a land disturbance permit (LDP).
(b) Street paving/striping. The required improvements for street paving/striping shall be as follows:
(1) All street paving widths shall be in conformance with standards set forth in article 6.
(2) Street pavement shall be installed according to standards adopted by the mayor and city council.
(3) Striping shall be installed according to standards adopted by the mayor and city council.
(4) On all roads adjacent to a development, the adjacent lane of the road must be widened to provide
a 12-foot lane. The road must be milled and repaved throughout the subdivision frontage and
along the roadway improvements, whichever is greater. The road must either be resurfaced from
edge to edge, or it must be milled and repaved to the centerline. No more than one inch vertical
drop may be allowed at the pavement/gutter joint and a maximum of six inches of exposed curb
must be retained.
(5) No striping should be provided on subdivision streets designed for 25 miles per hour, except for
stop bars and 50 feet of double yellow centerlines, to be located at each entrance to the
subdivision.
(c) Curbs and gutters. The required improvements for curbs and gutters shall be as follows:
(1) Curbs and gutters shall be installed on all streets except noted herein. Installations shall be in
accordance with standards adopted by the mayor and city council.
(2) Curbs and gutters shall be of a straight or standard construction on one or both sides where
sidewalks are required.
(3) Curbs and gutters may be waived by the director if the sidewalk along the same portion of the
roadway is set back a minimum of 12 feet from the edge of pavement and drainage is adequately
addressed. Setbacks greater than 12 feet may be required by the director.
(d) Sidewalks. The required improvements for sidewalks shall be as follows:
(1) Introduction.
a. Purpose. The objective is to provide facilities that ensure safe pedestrian movement in the
city.
b. Intent. Sidewalks are intended to provide a safe pedestrian connection between the
subdivision/development and nearby destinations. Pedestrians consist of children walking to
and from school and neighborhood activities, as well as adults walking to and from
neighborhood shopping and transit stops. In addition to the need for sidewalks for circulation
and safety, sidewalks can be important elements in the recreational system of this
community. They can also serve as walking and hiking trails.
(2) Performance approach.
a. Performance factors. The performance approach shall be applied in determining the need
for sidewalks. In this case, the decision to require a development to provide sidewalks shall
be made on a case-by-case basis.
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b. Several basic factors shall be used in applying the performance approach. These are street
classification and current/potential future volume of pedestrian traffic; residential land
use/development density; relation to residential areas; proximity of schools, school bus
stops, shopping areas; and proximity of parks, libraries, bike paths/pedestrian trails,
greenspace corridors, and other land uses.
1. Street classification and volume of pedestrian traffic. As traffic volume and road speeds
increase, there is more need for separate pedestrian ways to ascertain safety.
Sidewalks shall be provided along local streets, collectors, arterials, and private roads
according to the density standards in subsection (d)(2)b.2 of this section.
2. Residential land use and development density.
i. Sidewalks shall be provided along both sides of all local streets where the
residential land use designation in the comprehensive plan is three units/acre or
higher density.
ii. Sidewalks shall be provided along at least one side of all local streets where the
residential land use designation in the comprehensive plan is one to two units/acre.
Residential land use designation of one unit or less shall be decided on a case-by-
case basis using the other factors contained in subsection (d)(2)b of this section.
3. Relation to residential areas. In general, sidewalks are intended to be within the street
right-of-way. This traditional location of sidewalks may be replaced in cluster
developments by a flexible pedestrian circulation system. Such a system would connect
individual dwelling units with other units, off-street parking, open space systems, and
recreational facilities. Also, this system may be permitted to meander through the
development within prescribed sidewalk easements. If the sidewalk leaves the right-of-
way, an easement and indemnification agreement must be provided for public access
and maintenance.
4. Proximity of schools and shopping areas.
i. Sidewalks shall be required in subdivisions located within one mile of an existing
or proposed school on both sides of any street that provides access to such school.
Subdivisions at each side of the street shall provide sidewalks at the corresponding
frontage.
ii. Sidewalks shall be provided within a distance of up to one mile along both sides of
streets leading to or going through shopping areas.
5. Proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, and
other land uses. Sidewalks are needed in areas where the following nonresidential land
use designations exist:
i. Sidewalks shall be required along both sides of all streets in commercial, living-
working, and business park land use designation areas.
ii. Sidewalks may be required in industrial subdivisions.
iii. Sidewalks may be required within a distance of up to one mile along both sides of
the streets leading to or going through places of public assembly/transit
facilities/other congested areas and other similar places deemed proper by the
manager director of community development for public necessity and safety.
6. Relation to established pattern of sidewalks. Notwithstanding the locational requirement
for sidewalks in subsection (d)(2) of this section, their future location should follow the
already established pattern of existing sidewalks (e.g., on one side of the street, on both
sides, etc.).
(3) General specifications.
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a. Sidewalks shall be provided by the subdivider at no cost to the city.
b. Sidewalks shall have a minimum width of five feet indicated by a note on the conceptual plan
preliminary plat.
c. Sidewalks along roadways shall not be adjacent to street curbs without a minimum two-foot
landscape strip.
d. For nonresidential developments, sidewalks shall be a minimum of six feet wide.
e. Sidewalks must be provided on or adjacent to an individual lot prior to the issuance of a
certificate of occupancy.
f. Prior to the recording of the final plat, 125 percent of the cost of the internal sidewalks for
any residential subdivision must be performance bonded. This bond will be released when
all sidewalks internal to the development have been constructed and approved. All required
sidewalks must be provided internal to any residential subdivision within two years of the
recording of the final plat, otherwise, the bond is forfeited and the city will use the funds to
complete the sidewalk construction.
(4) Review guidelines. The manager director of community development may issue guidelines to
facilitate the application of the performance-based approach of subsection (d)(2) of this section
including, but not limited to, a point system. The intent is to ascertain fairness and consistency in
the application of this section.
(5) Exception. When the developer requests to install (within a development) sidewalks that are not
required by this chapter and at no cost to the city, the manage director of community rdevelopment
may approve a reduction to a minimum width of four feet.
(e) Street trees. The required improvements for street trees shall be as follows:
(1) Street trees and other shrubbery that may be retained or planted shall not obstruct sight distances
and shall be subject to the director's approval.
(2) Street trees that may be required by the director along the street shall be of a species approved
as street trees in accordance with section 50-160.
(Ord. No. 06-12-74, § 6(8.2), 12-21-2006)
Sec. 50-183. - Water supply.
(a) Where a public water supply is within 300 feet, the subdivider shall install or have installed a system
of water mains and connect to such supply. The installation of mains and connections to each lot shall
be installed prior to the paving of the street, if possible. The installation shall include services and
meter boxes if it is connected to the North Fulton Water System.
(b) Where a public water supply is not available, each lot in a subdivision shall be furnished with a water
supply system approved by the health department.
(c) A separate water service connection shall be provided for each residential unit. Meters shall be located
as specified by the utility company.
(d) Fire hydrants shall be located and set in accordance with the City of Atlanta Water Works
SpecificationsFulton County and the City of Milton Standard Plans, where applicable. In addition, the
fire hydrants shall be serviced by the following:
(1) Not less than an eight-inch diameter main if the system is looped.
(2) Not less than an eight-inch diameter main if the system is not looped or the fire hydrant is installed
on a dead-end main exceeding 300 feet in length.
(3) In no case shall dead-end mains exceed 600 feet in length for main sizes less than ten inches.
Commented [PF3]: Preliminary plat (?)
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(e) When required by the public works department, a reuse water irrigation distribution system to each lot
shall be installed. This system shall consist of an eight-inch diameter ductile iron pipe identified as
"nonpotable water," painted purple in accordance with standard pipe identification schedules, and
installed on the south or east shoulder of the right-of-way limit. All pipes and appurtenances must be
in accordance with the Fulton County Water Reuse Standards. Each property owner requesting an
irrigation meter shall connect to the reuse water main, if activated.
(f) If a subdivision is replatted and the originally platted lots configuration is changed after the water
service lines have been installed, the water system shall be modified to properly serve each lot in
accordance with the Fulton County water specifications.
(Ord. No. 06-12-74, § 6(8.3), 12-21-2006)
Sec. 50-184. - Sanitary sewerage system management.
(a) When public sanitary sewers are within 300 feet of the subdivision, the subdivider shall provide sanitary
sewer services to each lot within the bounds of the subdivision. All street sewers serving lots in the
subdivision shall be installed by the subdivider. A formula may be developed by the public works
department to provide for a sharing of the costs of sewerage facilities needed to serve the subdivision
and other subdivisions in the same drainage basin.
(b) When, in the written opinion of the health and wellness department and the public works department,
a public sanitary sewer is not accessible, an alternate method of sewage disposal for each lot or a
community sewerage disposal system may be used, when in compliance with the standards of the
health and wellness department and the Fulton County sewerage regulations.
(c) When the operation of a temporary sanitary sewerage system requires land to be set aside for a
disposal plant, the property owner shall give the county title to the property for as long as the plant is
in operation. The title may carry a reversionary clause returning the property to the owner when the
site is no longer necessary for the operation of the plant.
(d) In a drainage basin, which at the time of plat application is scheduled for a public sewerage system,
all subdivisions shall be provided with a temporary community sewerage disposal system as approved
by the public works department and the health and wellness department. The system shall include
permanent sewerage outfall lines, plus a temporary treatment plant to be installed by the subdivider.
(e) Whenever the installation of a sanitary sewer is required, as provided by these rules and regulations,
no new street shall be paved without the sewer being first installed in accordance with the requirements
of the sewer specifications of the city's public works department and the Fulton County sewerage
regulations.
(f) If a subdivision is replatted and the originally platted lots configuration is changed after the sewer
service lines have been installed, the sewer system shall be modified to properly serve each lot in
accordance with Fulton County sewer specifications.
(Ord. No. 06-12-74, § 6(8.4), 12-21-2006)
Sec. 50-185. - Stormwater provisions.
(a) Stormwater management. Engineering and construction on any land within the city shall be carried out
in a manner as to maintain water quality and rate of runoff to protect neighboring persons and property
from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion, or deposition
upon private property or public streets of water-transported silt and debris.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(1) Proper drainage plans shall be submitted for review by the department. These plans shall be
prepared by a professional engineer or landscape architect, currently registered to practice in the
state, with stamp affixed.
(2) The plans shall be accompanied by profiles of natural and proposed drainageways, including:
a. Storm pipes;
b. Cross sections;
c. Drainage swales; and
d. Downstream analysis.
(b) Design for stormwater management.
(1) The grading and drainage plans must be accompanied by a hydrology study. This computation
shall be based on the one-, two-, ten-, and 25-year storm, or as required by the county.
(2) The purpose of the hydrology study is as follows:
a. Identify the surface water runoff quantity, quality and rate;
b. Establish runoff management control requirements for the development;
c. Furnish all design calculations for the management control facilities, surface water
conveyance systems (before and after development runoff); and
d. Furnish design calculations for the volume of storage required.
(3) A schedule indicating the timing for planting or mulching for temporary or permanent ground cover
shall be submitted with these grading and drainage plans.
(4) Erosion control devices must be installed prior to the initiation of grading and construction; the
engineer must state this requirement on the engineering drawings.
(5) In order to ensure full compliance with the approved construction plans, final plat approval will be
withheld until "as-built" drawings, prepared by a professional engineer or landscape architect
currently registered in the state, have been submitted and approved by the department in
accordance with section 50-93. No occupancy permit shall be issued until released by the
department.
(6) The owner shall be responsible for the maintenance of the storm drainage facilities during grading
and construction, and for a 15-month period following final plat approval. Maintenance will be
construed to include preserving the enclosing walls or impounding embankment of the detention
basin and permanent sedimentation ponds and security fences, in good conditions; ensuring
structural soundness, functional adequacy, and freedom from sediment of all drainage structures;
and rectifying any unforeseen erosion problems.
(c) Detention/retention design.
(1) General provisions.
a. Installation of properly functioning detention facilities, including outflow control devices, shall
be the responsibility of the owner. If any control devices are damaged or destroyed during
grading or construction, all processes shall cease until such devices are restored to their
functioning capability. The owner, through application for grading or construction permits,
accepts the responsibility of maintenance of the control devices.
b. When serving more than three lots, detention ponds, retention ponds, and water quality
features (including all required access easements, landscape strips, and fences) shall be
located on a separate parcel where no home can be constructed. This parcel shall be owned
and maintained by the homeowners' association or the owners of the lots being served by
this pond. The parcel shall have a minimum of 20-feet-wide continuous access to a public or
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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private road in a manner that allows access and maintenance of this parcel. In addition, this
parcel will not be required to meet the normal lot standard.
(2) Layout design standards. The ponds layout shall provide for the following minimums:
a. 20-foot graded access easement;
b. 20-foot landscape strip for screening purposes;
c. Ten-foot access easement for maintenance; and
d. Six-foot-high fence.
(3) Alternative design standards. Applicants are encouraged to carry out innovative
detention/retention layout that is intended to make such facilities an attractive amenity or focal
point to the subdivision. To achieve that, the director may approve the following alternative design
standards in lieu of those in subsections (c)(1) and (c)(2) of this section:
a. Such alternative design should provide for attractive layout and means for
detaining/retaining/moving water.
b. The design should follow the natural land forms around the perimeter of the basin. The basin
should be shaped to emulate a naturally formed depression.
c. Redistributing soils from basin construction to create natural landforms around the perimeter
of the basin is encouraged. These forms should be located strategically to filter views or
redirect and soften the views from residential areas.
d. Side slopes of basins must not exceed one-foot vertical for every four-foot horizontal. Where
possible, side slopes should be varied to imitate natural conditions. Associated natural
landforms should have side slopes no greater than one-foot vertical for every three-foot
horizontal to accommodate lawn maintenance equipment. Varied slopes will be encouraged.
e. The applicant should consider the use of plant materials that naturally grow in the area. Trees
and shrubs should be grouped in informal patterns to emulate the natural environment. The
intent is to soften the views of these basins.
(4) Design guidelines. The director may issue design guidelines illustrating details of the standards
in subsection (c)(3) of this section.
(d) Storm drain system stenciling/identification.
(1) All residential subdivision and commercial entity storm drainage structures or facilities (e.g., catch
basins, storm sewer inlets, culverts, impoundment facilities, manholes, and other facilities that
convey stormwater runoffs) shall be properly identified.
(2) Each drainage structure shall be identified with the use of durable and reusable Mylar stencils
(stencils will not be provided by the county) that measure 20 inches by 30 inches with two-inch
lettering and an environmentally formulated, water base, but soluble striping paint (color blue).
The message on the stencil shall read:
"DUMP NO WASTE"
(Picture of a trout)
"DRAINS TO STREAM"
(e) Sanitary and storm sewer easement.
(1) All permanent easements shall be 20 feet in width. When access for maintenance purposes is
required, the maximum longitudinal slope along the easement shall be 30 percent at grade in the
steepest direction.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(2) No fill shall be placed on a sanitary or storm sewer easement without approval by the public works
director. All sanitary manholes must extend to the ground surface. All easements terminating on
a parcel shall extend to the property line.
(3) No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary
and storm sewer easements, including vehicular access easements around structures, without
approval from the public works director. No fence shall be placed across sanitary or storm sewer
easements without gates to which the public works department has full access. No planting shall
take place in a sanitary or storm sewer easement that will impede vehicular access along the
easement or endanger the pipeline. No surface water shall be impounded on a sanitary sewer
easement. No other pipeline or utility shall be placed in a sanitary or storm sewer easement
without approval by the public works director.
(4) Each lot or parcel of land in a subdivision shall have a separate sewer connection terminating at
the easement limit or right-of-way limit with a vertical cleanout pipe. No connection of the public
sewerage system shall be made except at a sewer connection approved by the public works
director.
(5) No surface water, groundwater, storm drain, gutter, downspout, or other conveyance of surface
water or groundwater shall be discharged into the sanitary sewer.
(Ord. No. 06-12-74, § 6(8.5), 12-21-2006)
Sec. 50-186. - Plans and construction.
(a) No sanitary sewer shall be accepted by the county without an "as-built" drawing showing the horizontal
and vertical alignment of the sewer system, the locations of all manholes, sewer connections, piping
materials, required easement limits and junctions, and property lines. This should be provided in the
form of plans, profiles, and plats; when possible, an electronic copy of the required data, compatible
with the city's geographical information system (GIS), should be submitted.
(b) No storm sewer shall be accepted by the countycity without an "as-built" drawing showing the
horizontal and vertical alignment of the sewer system; the locations of all manholes, junctions,
detention ponds, retention ponds, and sewer system outfalls discharging into ditches or creeks; sewer
connections, piping materials, required easement limits; and property lines. This information shall be
provided in the form of plans, profiles, details, sections and plats and, when possible, in an electronic
form compatible with the city's geographical information system (GIS) and the applicable department
of public works' database.
(c) In the case of single-family residential subdivisions, by written application, the owner may request that
the city assume partial maintenance responsibility of drainage facilities, effective after the expiration
of the initial maintenance 15 months. Within 60 days after receipt of such application, the director shall
respond in writing to the owner/applicant. Such response shall set forth additional terms and conditions
for acceptance. However, maintenance by the city shall be limited to ensuring the functional adequacy
of such drainage structures. The maintenance responsibility shall remain partially with the
homeowners' association unless and until, and only to the extent that, the homeowners' association is
expressly relieved of such responsibility pursuant to and in accordance with a written instrument signed
by the director. Appropriate easements shall be executed and recorded pursuant to this subsection.
For all other types of development, responsibility for maintenance of storm sewer system and detention
ponds including, but not limited to, periodic silt removal to maintain functional integrity, will remain the
owner's responsibility. Maintenance responsibility shall constitute an obligation running with the land
and shall be binding upon the owner's executors, administrators, heirs, successors, and successors-
in-title. The owner/developer shall provide stabilization, including vegetation, and installation of
security fences for safety purposes at detention facilities, as prescribed, prior to approval of the final
plat by the director.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(d) Any single-family detached home which involves less than 10,000 square feet of cleared area, or all
impervious surface areas combined, and is in excess of 2,000 feet from the Chattahoochee River,
shall be exempted from the provisions of a hydrology study. In no such case, however, shall grading
involve over 25 percent of the total land area. Sites within 2,000 feet of the Chattahoochee River shall
be developed in accordance with the Atlanta Regional Commission's vulnerability analysis, as
determined by the director.
(e) All engineering and construction, regardless of whether such engineering or construction is being
accomplished on public land or on public easements, shall meet the minimum requirements of these
regulations.
(Ord. No. 06-12-74, § 6(8.6), 12-21-2006)
Sec. 50-187. - Monuments and iron pipes.
(a) Permanent monuments shall be accurately set and established to tie with the county GIS monuments
or as required by the director.
(b) The monuments shall consist of two, two-inch iron pipes, 16 inches in length, or T bars, 24 inches in
length, or other approved materials. The monuments shall be set so that the top of the pipe shall be
six inches above the ground level, unless otherwise approved by the public works department.
(c) The accurate location, material, and size of all existing monuments shall be shown, on the final plat,
as well as the future location of monuments to be placed after street improvements have been
completed.
(d) Iron pipes at least one-half inch by 16 inches shall be used and shall be set two inches above the
finished grade.
(Ord. No. 06-12-74, § 6(8.7), 12-21-2006)
Sec. 50-188. - Underground utilities.
(a) All existing and proposed utilities, including all electrical, telephone, television and other
communication lines, both main and service connections, serving or having capacity of 69 KV or less,
abutting or located within a requested land disturbance area, shall be installed under ground in a
manner approved by the applicable utility provider and in compliance with the city's right-of-way and
erosion control regulations, if applicable.
(b) Lots that abut existing easements or public rights-of-way, where overhead electrical or telephone
distribution supply lines and service connections have previously been installed, may be supplied with
electric and telephone service from those overhead lines, but the service connections from the utilities'
overhead lines shall be installed under ground. Should a road widening or an extension of service, or
other such conditions, occur as a result of the subdivision and necessitate the replacement or
relocation of such utilities, such replacement or relocation shall be under ground.
(c) Contractors or developers of subdivisions shall:
(1) Submit drawings of the subdivision layout showing locations of underground electrical cable,
transformers, and other related fixtures, in accordance with the standard plans. These drawings
must be approved by the city before installation of the underground utility and before a building
permit can be issued.
(2) Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to
the utility company.
(3) Submit proof of payment for complete installation.
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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(4) Have an agreement with the appropriate power company for complete maintenance of all
installations and provide proof of payment.
(d) Streetlights and pedestrian lighting.
(1) Streetlights and pedestrian lights shall be provided by the developers of all new subdivisions. At
the time of, and as a requirement of, submission of a final plat, the developer shall:
a. Submit a drawing of the subdivision's layout showing locations of streetlights and required
pedestrian lights. This drawing must be approved by the director prior to obtaining any
building permit within the subdivision. The layout shall be shown on the land disturbance
permit. Fixtures and standards/poles installed or used shall be approved by the city and by
the utility company which shall be responsible for the maintenance of the facilities.
1. Streetlight fixtures shall be mounted 30 feet above the ground and shall have
appropriate arm length to place the light over the street. No arm shall be less than five
feet long. Post-top luminaries may be permitted when approved by the city, providing
same are in compliance with the requirements of the zoning ordinance (chapter 64).
Fixtures shall be located no more than 300 feet apart and at least one light shall be
located at each street intersection within the subdivision. When a subdivision is located
in a zoning overlay district, light standards shall comply with the requirements of the
overlay district.
2. Pedestrian lights shall be installed as required by the overlay district or the specific
zoning case.
b. Pay all costs for standards/poles, fixtures and any other related items or material necessary
for installation.
c. Submit proof of payment for complete installation to the director.
d. Submit a copy of an executed agreement with the utility company for complete maintenance
of all installations.
(2) When street lighting is requested by existing residents, these residents shall:
a. Submit a petition to the public works department from the residents affected showing a 90
percent support for the request. The affected residents shall be all residents whose
properties are located, in whole or in part, within 150 feet of a proposed streetlight.
b. The request to the city for streetlights shall include a sketch indicating the individual location
of lights within the subdivision, along with the residential location of each signatory to the
petition.
c. If standards/poles within the subdivision for the placement of these lights do not exist, or do
not meet utility company requirements, it shall be the petitioners' responsibility to have these
standards/poles placed prior to installation of the streetlights, at their cost. Installation of
poles within the county's right-of-way shall be subject to the approval of the public works
director. The streetlight fixtures are to be installed at the expense of the petitioners.
(3) When each of the applicable items in subsection (c) of this section has been completed, theFulton
CountyCity of Milton shall:
a. Assume maintenance responsibility and make the monthly payments to the utility company
for electrical energy for each streetlight when at least 50 percent of the dwelling units in the
subdivision have been occupied.
b. Pay only the current monthly negotiated amount for electrical energy for each streetlight.
(Ord. No. 06-12-74, § 6(8.8), 12-21-2006)
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
Page 32
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Secs. 50-189—50-207. - Reserved.
ARTICLE VIII. - FEES
Sec. 50-208. - Required with submission of application.
Every application for a minor plat, conceptualpreliminary plat, final plat, or other plat submitted
pursuant to these regulations shall be submitted to the director along with such fees as may be established
from time to time by the mayor and city council. Failure to pay such fees as required shall cause the plat to
be returned to the applicant, without acceptance for review or consideration by the city.
(Ord. No. 06-12-74, § 6(9.1), 12-21-2006)
Sec. 50-209. - Fees associated with conceptual planpreliminary plat.
Following the approval of a conceptual planpreliminary plat and prior to authorization to begin
construction, the developer shall pay the required inspection, water and sewer connection, curb cut, and
street sign fees as may be established from time to time by the mayor and city council.
(Ord. No. 06-12-74, § 6(9.2), 12-21-2006)
Sec. 50-210. - Bond costs associated with final plat approval.
Prior to approval of a final plat and as a prerequisite for acceptance of any such final plat, the developer
shall provide such performance bonds, maintenance bonds, or cash assurances as required by these
regulations and as established from time to time by the mayor and city council.
(Ord. No. 06-12-74, § 6(9.3), 12-21-2006)
Secs. 50-211—50-229. - Reserved.
ARTICLE IX. - ADMINISTRATION AND ENFORCEMENT
Sec. 50-230. - Authority of director.
These subdivision regulations shall be administered and enforced by the director of the public works
departmentcommunity development.
(Ord. No. 06-12-74, § 6(10.1), 12-21-2006)
Sec. 50-231. - Denial; appeal procedure for preliminary plat.
(a) Should the director deny any such plat, minor or final, a written explanation shall be provided stating
the basis for the denial. Within 30 days of the date of said written explanation, the owner of record or
the subdivider may file with the community development department a letter appealing the decision
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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which, together with a report from the director, shall be forwarded to the city board of zoning appeals
for consideration pursuant to article 22 of chapter 64.
(a) Should the planning commission deny a preliminary plat, the denial may be appealed to the city
council. In order to effectuate such an appeal, within 30 days of the date of the planning commission’s
denial, the owner of record or the subdivider may submit to the community development department
a letter appealing the decision which, together with a report from the director, shall be forwarded to the
city council for consideration.
Sec. 50-232 – Denial; appeal procedure for final plat.
(a) Should the director or city council deny any final plat, a written explanation shall be provided stating
the basis for the denial. The owner of record or the subdivider may file a writ of certiorari filed with the
Superior Court of Fulton County within 30 days of the date of the mayor and city council's decision.
Sec. 50-233 – Denial; appeal for directors review comments or minor plat.
(ab) Should an applicant disagree with the director's review comments, concluding factual or interpretive
errors have been made, the following appeal procedure is intended to resolve the issues:
(1) Submit to the director within 30 days of the comments at issue, a letter clearly defining the nature
of the disagreement, the specific reference to the article of this chapter at issue, and the
applicant's opinion.
(2) The director shall submit the request to the technical staff review committee. The technical staff
review committee shall be selected by the director and formed from the appropriate departments'
staff, relative to the subject appeal.
(3) The technical staff review committee shall provide comments and a written recommendation to
the director within ten working days.
(4) Should the director, after review of the applicant's statement and the recommendation of the
technical staff review committee, conclude that these provisions would not be violated, the
director shall modify his or her comments accordingly.
(5) Should the director conclude that these regulations would be violated, the director shall provide
the applicant with a written letter of denial and advise the applicant of the appeal process to the
board of zoning appeals.
(6) The board of zoning appeals shall, after receiving a report from the director, decide the issue.
The decision shall constitute the final administrative appeal.
(Ord. No. 06-12-74, § 6(10.2), 12-21-2006)
Sec. 50-232235. - Appeal hearing; variance to design standards (Article VI) and required improvements
(Article VII).
(a) Should the director not approve a request to vary any article of these regulations within 30 days, the
applicant may appeal in writing, stating the article to be varied and the reason the variance should be
granted.
(b) The of board of zoning appeals may issue a variance to the provisions of Articles VI and VII of this
Chapter in accordance with the procedures for primary variances described in chapter 64. The
applicant shall file a variance application to these regulations with the board of zoning appeals, which
shall have the authority, after hearing from the applicant and the director, to grant, modify or deny the
Text Amendment to Chapter 50 – Plat Process prepared for the Mayor and City Council Meeting
on April 24, 2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017. )
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variance. The board of zoning appeals shall base its decision on hardships as described in chapter
64.
(Ord. No. 06-12-74, § 6(10.3), 12-21-2006)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 50 OF THE CITY CODE – SUBDIVISIONS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on April 24, 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of Chapter 50 - Subdivisions 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 24th day of April , 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
MILTOt\1
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 3, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration to Amend Chapter 2, Article V, Division 3,
Planning Commission, Section 2-206 - Duties.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,,JIAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (eES () NO
CITY ATTORNEY REVIEW REQUIRED: (.-KYES () NO
APPROVAL BY CITY ATTORNEY: (✓APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: o(IIt01700
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
From: Kathleen Field, Community Development Director
Date: April 4, 2017 prepared for the April 24, 2017 City Council Meeting.
(First Presentation – April 10, 2017, Work Session – April 17, 2017)
Re: Text Amendment - Chapter 2 of the City Code – Administration-
Sec. 2-206 – Duties of the Planning Commission
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
Currently, the Planning Commission’s duties include only the ability and advise
and to review rezonings, use permits, concurrent variances and text
amendments. The proposed amendment will grant the PC the ability to approve
or disapprove preliminary plats. This is part of the global change to the
Preliminary Plat process to include a public hearing to be held at the Planning
Commission meeting. The new process is outlined in Chapter 50, Subdivisions,
which is concurrently being considered on this agenda.
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
Alternatives:
The Mayor and City Council may approve or deny the amendment as
proposed and/or recommend further amendments to the text amendment
discussed.
Legal Review:
Paul Frickey - Jarrard & Davis (March, 2017)
Attachment(s): Chapter 2 of City Code text amendment and ordinance.
Chapter 2 – City Code - Text Amendment prepared for the Mayor and City Council Meeting on April 24,
2017 (First Presentation on April 10, 2017 and Work Session on April 17, 2017)
4/6/2017
Page 1 of 1
DIVISION 3. - PLANNING COMMISSION
Sec. 2-205. - Purpose.
This planning commission is a seven-member advisory board that reports its findings, decisions and
recommendations to the mayor and city council.
(Ord. No. 07-04-11, § 2, 2-15-2007)
Sec. 2-206. - Duties.
The commission is charged with upholding the policies of the city comprehensive plan when reviewing
rezonings, use permits, concurrent variances, and changes to the city zoning ordinance (chapter 64) and
associated zoning map. In addition, the commission is charged with making decisions, including
recommendations on preliminary plats.
(Ord. No. 07-04-11, § 3(I), 2-15-2007)
Sec. 2-207. - Composition.
(a) Nominations. Each councilmember and the mayor shall nominate his or her designee for one of the
seven positions on the commission.
(b) Residency requirement. The mayor's designee shall reside anywhere within the city and each of the
councilmember's designees shall reside within his or her respective council district.
(c) Confirmation. The designees shall be confirmed by a majority vote of the city council.
(d) Eligibility; removal. The commission members shall be a minimum of 21 years of age and be a United
States citizen or legal resident. Any commission member may be removed from office for cause by a
vote of the city council.
(Ord. No. 07-04-11, §§ 3(II)—6, 2-15-2007)
Sec. 2-208. - Terms.
The commission members shall serve concurrently with their respective councilmembers as follows:
(1) Districts 2, 4 and 6: one-year term expiring December 31, 2007; after that the term will last for
four years.
(2) Districts 1, 3 and 5 and the mayor: three-year term expiring December 31, 2009; after that the
term will last for four years.
(Ord. No. 07-04-11, § 7, 2-15-2007)
Sec. 2-209. - Reimbursement.
The city council shall only provide for the reimbursement for actual and necessary expenses of the
planning commission. (Ord. No. 07-04-11, § 8, 2-15-2007)
Secs. 2-210—2-228. - Reserved.
Formatted: list0
Formatted: Tab stops: 1.02", Left
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 2 OF THE CITY CODE –
ADMINISTRATION – SEC. 2-206 – DUTIES OF THE PLANNING COMMISSION.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on April 24 , 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of the Sec. 2-206, Duties of the Planning
Commission 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 24th day of April , 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
MILTON It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: - arch 30, 2017
FROM: Steven Krokoff, City Manag
AGENDA ITEM: Consideration of an Ordinance Accepting the Revised
Georgia Municipal Employees Benefit System (GMEBS)
Defined Benefit Retirement Plan and General Addendum.
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,}'APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (.1%ES () NO
CITY ATTORNEY REVIEW REQUIRED: OYES () NO
APPROVAL BY CITY ATTORNEY. ('APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: of l ll o lu"
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted on March 14, 2017 for the March 20, 2017 and April 10,
2017 Regular Council Meetings
Agenda Item: Consideration of an Ordinance Accepting the Revised Georgia
Municipal Employees Benefit System (GMEBS) Defined Benefit
Retirement Plan and General Addendum.
____________________________________________________________________________
Department Recommendation: Approve proposed revisions to the City’s Defined
Benefit Pension Plan.
Executive Summary: Allow all vacation or PTO leave that exceeds accrual limit to roll to
pension annually on January 1 as service credit.
Reduce the actuarial reduction for retiring before the age of 65 from 3% to 2% per year.
Funding and Fiscal Impact: The addition of the service credit will cost approximately
$6,264. The change to the actuarial reduction will vary as employees take the benefit.
Alternatives: Other Council directed action.
Legal Review:
Megan Martin – Jarrard & Davis 3/13/2017
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Draft Ordinance change to the defined benefit pension plan.
City of Milton (Amended Effective April 10, 2017)
GEORGIA MUNICIPAL EMPLOYEES
BENEFIT SYSTEM
DEFINED BENEFIT RETIREMENT PLAN
AN ORDINANCE
and
ADOPTION AGREEMENT
for
City of Milton
Form Volume Submitter Adoption Agreement
Amended and Restated as of January 1, 20013
(With Amendments Effective Through January 1, 2017)
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City of Milton (Amended Effective April 10, 2017)
TABLE OF CONTENTS
PAGE
I. AN ORDINANCE .......................................................................................................................1
II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT ..............2
1. ADMINISTRATOR ................................................................................................2
2. ADOPTING EMPLOYER .......................................................................................2
3. GOVERNING AUTHORITY .................................................................................2
4. PLAN REPRESENTATIVE ....................................................................................2
5. PENSION COMMITTEE ........................................................................................3
6. TYPE OF ADOPTION ............................................................................................3
7. EFFECTIVE DATE .................................................................................................4
8. PLAN YEAR ...........................................................................................................5
9. CLASSES OF ELIGIBLE EMPLOYEES ...............................................................5
A. Eligible Regular Employees ........................................................................5
B. Elected or Appointed Members of the Governing Authority ......................5
10. ELIGIBILITY CONDITIONS.................................................................................6
A. Hours Per Week (Regular Employees) ........................................................6
B. Months Per Year (Regular Employees) .......................................................7
11. WAITING PERIOD .................................................................................................7
12. ESTABLISHING PARTICIPATION IN THE PLAN ............................................7
13. CREDITED SERVICE ............................................................................................8
A. Credited Past Service with Adopting Employer ..........................................8
B. Prior Military Service ..................................................................................9
C. Prior Governmental Service .......................................................................11
D. Leave Conversion for Unused Paid Time Off (e.g., Sick,
Vacation, or Personal Leave) .....................................................................12
14. RETIREMENT ELIGIBILITY ..............................................................................14
A. Early Retirement Qualifications ................................................................14
B. Normal Retirement Qualifications .............................................................14
C. Alternative Normal Retirement Qualifications ..........................................16
D. Disability Benefit Qualifications ...............................................................20
15. RETIREMENT BENEFIT COMPUTATION .......................................................20
A. Maximum Total Credited Service ..............................................................20
B. Monthly Normal Retirement Benefit Amount ...........................................21
C. Monthly Early Retirement Benefit Amount ..............................................23
D. Monthly Late Retirement Benefit Amount (check one): ...........................25
E. Monthly Disability Benefit Amount ..........................................................26
F. Minimum/Maximum Benefit For Elected Officials ..................................26
16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE
SEPARATION OF SERVICE; COLA ..................................................................27
A. Re-Employment as Eligible Employee After Normal,
Alternative Normal, or Early Retirement and Following
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City of Milton (Amended Effective April 10, 2017)
Bona Fide Separation of Service (see Master Plan
Section 6.06(c) Regarding Re-Employment as an Ineligible
Employee and Master Plan Section 6.06(e) and (f)
Regarding Re-Employment After Disability Retirement) .........................27
B. Cost Of Living Adjustment ........................................................................28
17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT;
VESTING ..............................................................................................................29
A. Eligible Regular Employees ......................................................................29
B. Elected or Appointed Members of the Governing Authority ....................30
18. PRE-RETIREMENT DEATH BENEFITS ...........................................................30
A. In-Service Death Benefit ............................................................................30
B. Terminated Vested Death Benefit ..............................................................32
19. EMPLOYEE CONTRIBUTIONS .........................................................................33
20. MODIFICATION OF THE TERMS OF THE ADOPTION
AGREEMENT .......................................................................................................34
21. TERMINATION OF THE ADOPTION AGREEMENT ......................................34
22. EMPLOYER ADOPTION AND AUTHORIZATION FOR
AMENDMENTS ...................................................................................................34
City of Milton (Amended Effective April 10, 2017)
I. AN ORDINANCE
An Ordinance to amend and restate the Retirement Plan for the Employees of the City of
Milton, Georgia in accordance with and subject to the terms and conditions set forth in the
attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia
Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust
Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing
shall constitute a Contract between the City and GMEBS, all as authorized and provided by
O.C.G.A. § 47-5-1 et seq.
BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is
hereby ordained by the authority thereof:
Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is
hereby amended and restated as set forth in and subject to the terms and conditions stated in the
following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia
Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust
Agreement.
Ordinance continued on page 37
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City of Milton (Amended Effective April 10, 2017)
II. GMEBS DEFINED BENEFIT RETIREMENT PLAN
ADOPTION AGREEMENT
1. ADMINISTRATOR
Georgia Municipal Employees Benefit System
201 Pryor Street, SW
Atlanta, Georgia 30303
Telephone: 404-688-0472
Facsimile: 404-577-6663
2. ADOPTING EMPLOYER
Name: City of Milton, Georgia
3. GOVERNING AUTHORITY
Name: Mayor and Council
Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119
Phone: (678) 242-2500
Facsimile: (678) 242-2499
4. PLAN REPRESENTATIVE
[To represent Governing Authority in all communications with GMEBS and Employees]
(See Section 2.49 of Master Plan)
Name: Director of Operations
Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119
Phone: (678) 242-2500
Facsimile: (678) 242-2499
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City of Milton (Amended Effective April 10, 2017)
5. PENSION COMMITTEE
[Please designate members by position. If not, members of Pension Committee shall be
determined in accordance with Article XIV of Master Plan]
Position:
Position:
Position:
Position:
Position:
Position:
Position:
Pension Committee Secretary: Director of Human Resources
Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119
Phone: (678) 242-2500
Facsimile: (678) 242-2499
6. TYPE OF ADOPTION
This Adoption Agreement is for the following purpose (check one):
This is a new defined benefit plan adopted by the Adopting Employer for its Employees.
This plan does not replace or restate an existing defined benefit plan.
This is an amendment and restatement of the Adopting Employer's preexisting
non-GMEBS defined benefit plan.
This is an amendment and restatement of the Adoption Agreement previously adopted by
the Employer, as follows (check one or more as applicable):
To update the Plan to comply with PPA, HEART, WRERA, and other applicable
federal laws and guidance.
To make the following amendments to the Adoption Agreement (must specify
below revisions made in this Adoption Agreement): This is an amendment to
1) permit Vested Participants who terminate on or after April 10, 2017, to
count up to 12 months of unused sick leave, unused vacation leave, or a
combination thereof as Credited Service for the purpose of benefit
computation (see Adoption Agreement, p. 13); 2) to clarify that the Early
Retirement factors that applied to a Participant who terminated employment
prior to July 1, 2014, or on or after July 1, 2014 and prior to April 10, 2017,
as applicable, will continue to apply to said Participant in the event he or she
is reemployed on or after July 1, 2014 (see Adoption Agreement, pp. 23-24);
and 3) enhance the Early Retirement factors for Participants who were
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City of Milton (Amended Effective April 10, 2017)
employed on June 30, 2014, and remain employed (with no break in Service)
on April 10, 2017 (see Adoption Agreement, p. 25).
7. EFFECTIVE DATE
NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan
Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a
governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit
Retirement Plan. Plan provisions designed to comply with certain provisions of the Pension
Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and Relief Tax Act of 2008
("HEART"); and the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"); and
Plan provisions designed to comply with certain provisions of additional changes in federal law
and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2012-76
(the 2012 Cumulative List) are effective as of the applicable effective dates set forth in the
Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with
its accompanying Master Plan Document, the Adopting Employer is adopting a plan document
intended to comply with Internal Revenue Code Section 401(a), as updated by PPA, HEART,
WRERA, and the 2012 Cumulative List with the applicable effective dates.
(1) Complete this item (1) only if this is a new defined benefit plan which does not replace
or restate an existing defined benefit plan.
The effective date of this Plan is .
(insert effective date of this Adoption Agreement not earlier than January 1, 2013).
(2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS
defined benefit plan.
Except as otherwise specifically provided in the Master Document or in this Adoption
Agreement, the effective date of this restatement shall be (insert effective date of
this Adoption Agreement not earlier than January 1, 2013). This Plan is intended to
replace and serve as an amendment and restatement of the Employer’s preexisting plan,
which became effective on (insert original effective date of preexisting plan).
(3) Complete this item (3) only if this is an amendment and complete restatement of the
Adopting Employer's existing GMEBS defined benefit plan.
Except as otherwise specifically provided in the Master Document or in this Adoption
Agreement, the effective date of this restatement shall be April 10, 2017 (insert effective
date of this Adoption Agreement not earlier than January 1, 2013).
This Plan is adopted as an amendment and restatement of the Employer's preexisting
GMEBS Adoption Agreement, which became effective on May 3, 2016 (insert effective
date of most recent Adoption Agreement preceding this Adoption Agreement).
The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective
date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan
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City of Milton (Amended Effective April 10, 2017)
was originally effective April 1, 2007 (insert effective date of Employer's original
GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the
Employer's non-GMEBS Plan was originally effective (if applicable, insert
effective date of Employer's original non-GMEBS Plan).)
8. PLAN YEAR
Plan Year means (check one):
Calendar Year
Employer Fiscal Year commencing .
Other (must specify month and day commencing): January 1 – December 31.
9. CLASSES OF ELIGIBLE EMPLOYEES
Only Employees of the Adopting Employer who meet the Master Plan's definition of
"Employee" may be covered under the Adoption Agreement. Eligible Employees shall not
include non-governmental employees, independent contractors, leased employees, nonresident
aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner
that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2).
A. Eligible Regular Employees
Regular Employees include Employees, other than elected or appointed members of the
Governing Authority or Municipal Legal Officers, who are regularly employed in the services of
the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption
Agreement, the following Regular Employees are eligible to participate in the Plan (check one):
ALL - All Regular Employees, provided they satisfy the minimum hour and other
requirements specified under "Eligibility Conditions" below.
ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify;
specific positions are permissible; specific individuals may not be named):
(1) Employees who are initially employed by the City on or after July 1, 2014; and (2)
Employees who are reemployed by the City on or after July 1, 2014 (see General
Addendum Sections 2 and 14 for additional provisions concerning effect of
reemployment on or after July 1, 2014).
B. Elected or Appointed Members of the Governing Authority
An Adopting Employer may elect to permit participation in the Plan by elected or appointed
members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise
meet the Master Plan's definition of "Employee" and provided they satisfy any other
requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must
be specifically identified by position. Subject to the above conditions, the Employer hereby
elects the following treatment for elected and appointed officials:
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City of Milton (Amended Effective April 10, 2017)
(1) Elected or Appointed Members of the Governing Authority (check one):
ARE NOT eligible to participate in the Plan.
ARE eligible to participate in the Plan.
Please specify any limitations on eligibility to participate here (e.g., service on or after certain
date, or special waiting period provision):
.
(2) Municipal Legal Officers (check one):
ARE NOT eligible to participate in the Plan.
ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include
only the following positions (must specify):
.
Please specify any limitations on eligibility to participate here (e.g., service on or after certain
date): .
10. ELIGIBILITY CONDITIONS
A. Hours Per Week (Regular Employees)
The Adopting Employer may specify a minimum number of work hours per week which
are required to be scheduled by Regular Employees in order for them to become and remain
"Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting
Employer to determine whether these requirements are and continue to be satisfied. The
Employer hereby elects the following minimum hour requirement for Regular Employees:
No minimum
20 hours/week (regularly scheduled)
30 hours/week (regularly scheduled)
Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled)
Exceptions: If a different minimum hour requirement applies to a particular class or classes of
Regular Employees, please specify below the classes to whom the different requirement applies
and indicate the minimum hour requirement applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify):
.
Minimum hour requirement applicable to excepted Regular Employees:
No minimum
20 hours/week (regularly scheduled)
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City of Milton (Amended Effective April 10, 2017)
30 hours/week (regularly scheduled)
Other: _________________ (must not exceed 40 hours/week regularly scheduled)
B. Months Per Year (Regular Employees)
The Adopting Employer may specify a minimum number of work months per year which
are required to be scheduled by Regular Employees in order for them to become and remain
"Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to
determine whether these requirements are and continue to be satisfied. The Employer
hereby elects the following minimum requirement for Regular Employees:
No minimum
At least 6 months per year (regularly scheduled)
Exceptions: If different months per year requirements apply to a particular class or classes of
Regular Employees, the Employer must specify below the classes to whom the different
requirements apply and indicate below the requirements applicable to them.
Regular Employees to whom exception applies (must specify): .
The months to year requirement for excepted class(es) are:
No minimum
At least _______ months per year (regularly scheduled)
11. WAITING PERIOD
Except as otherwise provided in Section 4.02(b) of the Master Plan, Eligible Regular Employees
shall not have a waiting period before participating in the Plan. Likewise, elected or appointed
members of the Governing Authority and Municipal Legal Officers, if eligible to participate in
the Plan, shall not have a waiting period before participating in the Plan.
12. ESTABLISHING PARTICIPATION IN THE PLAN
Participation in the Plan is considered mandatory for all Eligible Employees who satisfy
the eligibility conditions specified in the Adoption Agreement, except as provided in
Section 4.03(e) of the Master Plan. However, the Employer may specify below that participation
is optional for certain classes of Eligible Employees, including Regular Employees, elected or
appointed members of the Governing Authority, Municipal Legal Officers, City Managers,
and/or Department Heads. If participation is optional for an Eligible Employee, then in order to
become a Participant, he must make a written election to participate within 120 days after
employment, election or appointment to office, or if later, the date he first becomes eligible to
participate in the Plan. The election is irrevocable, and the failure to make the election within
the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan.
Classes for whom participation is optional (check one):
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City of Milton (Amended Effective April 10, 2017)
None (Participation is mandatory for all Eligible Employees except as provided in
Section 4.03(e) of the Master Plan).
Participation is optional for the following Eligible Employees (must specify; all
individuals or classes specified must be Eligible Employees): __________________
____________________________________________________________________.
13. CREDITED SERVICE
In addition to Current Credited Service the Adopting Employer may include as Credited
Service the following types of service:
A. Credited Past Service with Adopting Employer
Credited Past Service means the number of years and complete months of Service with the
Adopting Employer prior to the date an Eligible Employee becomes a Participant which are
treated as credited service under the Plan.
(1) Eligible Employees Employed on Original Effective Date of GMEBS Plan.
With respect to Eligible Employees who are employed by the Adopting Employer on the original
Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the
date the Eligible Employee becomes a Participant (including any Service prior to the Effective
Date of the Plan) shall be treated as follows (check one):
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), except for Service rendered prior to
____________________________ (insert date).
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), except as follows (must specify other
limitation):
.
No Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
(2) Previously Employed, Returning to Service after Original Effective Date. If
an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS
Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date,
his Service prior to the date he becomes a Participant (including any Service prior the Effective
Date) shall be treated as follows (check one):
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), subject to any limitations imposed above with
respect to Eligible Employees employed on the Effective Date.
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City of Milton (Amended Effective April 10, 2017)
All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), provided that after his return to employment,
the Eligible Employee performs Service equal to the period of the break in
Service or one (1) year, whichever is less. Any limitations imposed above with
respect to Eligible Employees employed on the Effective Date shall also apply.
No Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
Other limitation(s) on Recognition of Credited Past Service (must specify): Notwithstanding
any provision herein to the contrary, if an Employee who was not employed on the original
Effective Date of the City’s GMEBS Plan (April 1, 2007) first becomes reemployed by the
City on or after July 1, 2014, the Employee will not be eligible to participate in this Plan
and his/her service with the City prior to April 1, 2007, will not be taken into account
under this Plan for any purpose.
(3) Eligible Employees Initially Employed After Effective Date. If an Eligible
Employee's initial employment date is after the original Effective Date of the Employer's
GMEBS Plan, his Credited Past Service shall include only the number of years and complete
months of Service from his initial employment date to the date he becomes a Participant in the
Plan.
(4) Newly Eligible Classes of Employees. If a previously ineligible class of
Employees becomes eligible to participate in the Plan, the Employer must specify in an
addendum to this Adoption Agreement whether and to what extent said Employees' prior service
with the Employer shall be treated as Credited Past Service under the Plan.
B. Prior Military Service
Note: This Section does not concern military service required to be credited under
USERRA – See Section 3.02 of the Master Plan for rules on the crediting of USERRA
Military Service.
(1) Credit for Prior Military Service.
The Adopting Employer may elect to treat military service rendered prior to a Participant's initial
employment date or reemployment date as Credited Service under the Plan. Unless otherwise
specified by the Employer under "Other Conditions" below, the term "Military Service" shall be
as defined in the Master Plan. Except as otherwise required by federal or state law or under
"Other Conditions" below, Military Service shall not include service which is credited under any
other local, state, or federal retirement or pension plan.
Military Service credited under this Section shall not include any service which is otherwise
required to be credited under the Plan by federal or state law. Prior Military Service shall be
treated as follows (check one):
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City of Milton (Amended Effective April 10, 2017)
Prior Military Service is not creditable under the Plan (if checked, skip to
Section 13.C. – Prior Governmental Service).
Prior Military Service shall be counted as Credited Service for the following
purposes (check one or more as applicable):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
(2) Maximum Credit for Prior Military Service.
Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number).
(3) Rate of Accrual for Prior Military Service.
Credit for Prior Military Service shall accrue at the following rate (check one):
One month of military service credit for every _______ month(s) (insert
number) of Credited Service with the Adopting Employer.
One year of military service credit for every _____ year(s) (insert number) of
Credited Service with the Adopting Employer.
All military service shall be creditable (subject to any caps imposed above) after
the Participant has completed _______ years (insert number) of Credited Service
with the Employer.
Other requirement (must specify):
.
(4) Payment for Prior Military Service Credit(check one):
Participants shall not be required to pay for military service credit.
Participants shall be required to pay for military service credit as follows:
The Participant must pay ____% of the actuarial cost of the service credit
(as defined below).
The Participant must pay an amount equal to (must specify):
.
Other Conditions for Award of Prior Military Service Credit (must specify):
.
(5) Limitations on Service Credit Purchases. Unless otherwise specified in an
Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C.
concerning prior governmental service credit, the term "actuarial cost of service credit" is
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City of Milton (Amended Effective April 10, 2017)
defined as set forth in the Service Credit Purchase Addendum. In the case of a service credit
purchase, the Participant shall be required to comply with any rules and regulations established
by the GMEBS Board of Trustees concerning said purchases.
C. Prior Governmental Service
Note: A Participant’s prior service with other GMEBS employers shall be credited for
purposes of satisfying the minimum service requirements for Vesting and eligibility for
Retirement and pre-retirement death benefits as provided under Section 9.05 of the Master
Plan, relating to portability service. This Section 13(C) does not need to be completed in
order for Participants to receive this portability service credit pursuant to Section 9.05 of
the Master Plan.
(1) Credit for Prior Governmental Service.
The Adopting Employer may elect to treat governmental service rendered prior to a Participant's
initial employment date or reemployment date as creditable service under the Plan. Subject to
any limitations imposed by law, the term "prior governmental service" shall be as defined by the
Adopting Employer below. The Employer elects to treat prior governmental service as follows
(check one):
Prior governmental service is not creditable under the Plan (if checked, skip to
Section 13.D. – Unused Sick/Vacation Leave).
Prior governmental service shall be counted as Credited Service for the following
purposes under the Plan (check one or more as applicable):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
(2) Definition of Prior Governmental Service.
Prior governmental service shall be defined as follows: (must specify):
.
Unless otherwise specified above, prior governmental service shall include only full-time service
(minimum hour requirement same as that applicable to Eligible Regular Employees).
(3) Maximum Credit for Prior Governmental Service.
Credit for prior governmental service shall be limited to a maximum of ________ years (insert
number).
(4) Rate of Accrual for Prior Governmental Service Credit.
Credit for prior governmental service shall accrue at the following rate (check one):
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City of Milton (Amended Effective April 10, 2017)
One month of prior governmental service credit for every _____ month(s) (insert
number) of Credited Service with the Adopting Employer.
One year of prior governmental service credit for every _____ year(s) (insert
number) of Credited Service with the Adopting Employer.
All prior governmental service shall be creditable (subject to any caps imposed
above) after the Participant has completed _____ years (insert number) of
Credited Service with the Adopting Employer.
Other requirement (must specify): .
(5) Payment for Prior Governmental Service Credit.
Participants shall not be required to pay for governmental service credit.
Participants shall be required to pay for governmental service credit as follows:
The Participant must pay ____% of the actuarial cost of the service credit.
The Participant must pay an amount equal to (must specify):
.
Other Conditions for Award of Prior Governmental Service Credit (must specify):
.
D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal
Leave)
(1) Credit for Unused Paid Time Off.
Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to
treat accumulated days of unused paid time off for a terminated Participant, for which the
Participant is not paid, as Credited Service. The only type of leave permitted to be credited
under this provision is leave from a paid time off plan which qualifies as a bona fide sick and
vacation leave plan (which may include sick, vacation or personal leave) and which the
Participant may take as paid leave without regard to whether the leave is due to illness or
incapacity. The Credited Service resulting from the conversion of unused paid time off must not
be the only Credited Service applied toward the accrual of a normal retirement benefit under the
Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of
unused paid time off that is creditable hereunder.
Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash
payment. If the Employer elects treating unused paid time off as Credited Service, the
conversion to Credited Service will be automatic, and the Participant cannot request a cash
payment for the unused paid time off.
The Employer elects the following treatment of unused paid time off:
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City of Milton (Amended Effective April 10, 2017)
Unused paid time off shall not be treated as Credited Service (if checked, skip to
Section 14 – Retirement Eligibility).
The following types of unused paid time off for which the Participant is not paid
shall be treated as Credited Service under the Plan (check one or more as
applicable):
Unused sick leave
Unused vacation leave
Unused personal leave
Other paid time off (must specify, subject to limitations in Section 3.01 of
Master Plan): .
(2) Minimum Service Requirement.
In order to receive credit for unused paid time off, a Participant must meet the following
requirement at termination (check one):
The Participant must be 100% vested in a normal retirement benefit.
The Participant must have at least _______ years (insert number) of Total
Credited Service (not including leave otherwise creditable under this Section).
Other (must specify, subject to limitations in Section 3.01 of Master Plan):
.
(3) Use of Unused Paid Time Off Credit. Unused paid time off for which the
Participant is not paid shall count as Credited Service for the following purposes under the Plan
(check one or more as applicable):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
(4) Maximum Credit for Unused Paid Time Off.
Credit for unused paid time off for which the Participant is not paid shall be limited to a
maximum of 12 months (insert number).
(5) Computation of Unused Paid Time Off.
Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each
twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of
Credited Service under the Plan. Partial months shall not be credited.
(6) Other Conditions (please specify, subject to limitations in Section 3.01 of
Master Plan):
.
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City of Milton (Amended Effective April 10, 2017)
14. RETIREMENT ELIGIBILITY
A. Early Retirement Qualifications
Early retirement qualifications are (check one or more as applicable):
Attainment of age 55 (insert number)
Completion of 10 years (insert number) of Total Credited Service
Exceptions: If different early retirement eligibility requirements apply to a particular class or
classes of Eligible Employees, the Employer must specify below the classes to whom the
different requirements apply and indicate below the requirements applicable to them.
Eligible Employees to whom exception applies (must specify):
.
Early retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age _________ (insert number)
Completion of _________ years (insert number) of Total Credited Service
B. Normal Retirement Qualifications
Note: Please complete this Section and also list "Alternative" Normal Retirement
Qualifications, if any, in Section 14.C.
(1) Regular Employees
Normal retirement qualifications for Regular Employees are (check one or more as applicable):
Attainment of age 65 (insert number)
Completion of 5 years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets
minimum age and service requirements specified immediately above and is at
least age 62 (unless a lower safe-harbor age is permitted under applicable federal
law), subject to applicable Plan provisions concerning recalculation and offset
applied at re-retirement to account for the value of benefits received prior to re-
retirement. This rule shall apply to (check one): all Participants only the
following class(es) of Participants (must specify):
_________________________________________________________________.
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City of Milton (Amended Effective April 10, 2017)
Exceptions: If different normal retirement qualifications apply to a particular class or classes of
Regular Employees, the Employer must specify below the classes to whom the different
requirements apply and indicate below the requirements applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify): City Managers
employed by the City on or after April 1, 2007 and prior to July 1, 2014 (Employees
initially employed or reemployed on or after July 1, 2014 are not eligible to participate in
the Plan – see Section 9 above and Sections 2 and 14 of General Addendum).
Normal retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age 65 (insert number)
Completion of _________ years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets
minimum age and service requirements specified immediately above and is at
least age 62 (unless a lower safe-harbor age is permitted under applicable federal
law), subject to applicable Plan provisions concerning recalculation and offset
applied at re-retirement to account for the value of benefits received prior to re-
retirement. This rule shall apply to (check one): all Participants only the
following class(es) of Participants (must specify):
_________________________________________________________________.
(2) Elected or Appointed Members of Governing Authority
Complete this Section only if elected or appointed members of the Governing Authority or
Municipal Legal Officers are permitted to participate in the Plan. Normal retirement
qualifications for this class are (check one or more as applicable):
Attainment of age _________ (insert number)
Completion of _________ years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets
minimum age and service requirements specified immediately above and is at
least age 62 (unless a lower safe-harbor age is permitted under applicable federal
law), subject to applicable Plan provisions concerning recalculation and offset
applied at re-retirement to account for the value of benefits received prior to re-
retirement. This rule shall apply to (check one): all Participants only the
following class(es) of Participants (must specify):
_________________________________________________________________.
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City of Milton (Amended Effective April 10, 2017)
Exceptions: If different normal retirement qualifications apply to particular elected or appointed
members of the Governing Authority or Municipal Legal Officers, the Employer must specify
below to whom the different requirements apply and indicate below the requirements applicable
to them.
Particular elected or appointed members of the Governing Authority or Municipal Legal Officers
to whom exception applies (must specify):
.
Normal retirement qualifications for excepted elected or appointed members of the Governing
Authority or Municipal Legal Officers are (check one or more as applicable):
Attainment of age _________ (insert number)
Completion of _________ years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service without
first incurring a Bona Fide Separation from Service), if Participant meets
minimum age and service requirements specified immediately above and is at
least age 62 (unless a lower safe-harbor age is permitted under applicable federal
law), subject to applicable Plan provisions concerning recalculation and offset
applied at re-retirement to account for the value of benefits received prior to re-
retirement. This rule shall apply to (check one): all Participants only the
following class(es) of Participants (must specify):
_________________________________________________________________.
C. Alternative Normal Retirement Qualifications
The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy
service and/or age requirements other than the regular normal retirement qualifications specified
above. The Employer hereby adopts the following alternative normal retirement qualifications:
Alternative Normal Retirement Qualifications (check one or more, as applicable):
(1) Not applicable (the Adopting Employer does not offer alternative normal
retirement benefits under the Plan).
(2) Alternative Minimum Age & Service Qualifications (if checked, please
complete one or more items below, as applicable):
Attainment of age ___ (insert number)
Completion of __ years (insert number) of Total Credited Service
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if Participant
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City of Milton (Amended Effective April 10, 2017)
meets minimum age and service requirements specified immediately
above and is at least age 62 (unless a lower safe-harbor age is permitted
under applicable federal law), subject to applicable Plan provisions
concerning recalculation and offset applied at re-retirement to account for
the value of benefits received prior to re-retirement. This rule shall apply
to (check one): all Participants only the following class(es) of
Participants (must specify):
___________________________________________________________.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify):
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the above qualifications in order to qualify
for this alternative normal retirement benefit.
Other eligibility requirement (must specify):
(3) Rule of _______ (insert number). The Participant's combined Total Credited
Service and age must equal or exceed this number. Please complete additional
items below:
To qualify for this alternative normal retirement benefit, the Participant (check
one or more items below, as applicable):
Must have attained at least age ______ (insert number)
Must not satisfy any minimum age requirement
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if the
Participant meets the minimum age and service requirements specified
immediately above and is at least age 62 (unless a lower safe-harbor age is
permitted under applicable federal law), subject to applicable Plan
provisions concerning recalculation and offset applied at re-retirement to
account for the value of benefits received prior to re-retirement. This rule
shall apply to (check one): all Participants only the following
class(es) of Participants (must specify):
___________________________________________________________.
This alternative normal retirement benefit is available to:
All Participants who qualify.
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City of Milton (Amended Effective April 10, 2017)
Only the following Participants (must specify):
.
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the Rule in order to qualify for this
alternative normal retirement benefit.
Other eligibility requirement (must specify): .
(4) Alternative Minimum Service. A Participant is eligible for an alternative
normal retirement benefit if he has at least ________ years (insert number) of
Total Credited Service, regardless of the Participant's age.
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if the
Participant meets the minimum service requirement specified immediately
above and is at least age 62 (unless a lower safe-harbor age is permitted
under applicable federal law), subject to applicable Plan provisions
concerning recalculation and offset applied at re-retirement to account for
the value of benefits received prior to re-retirement. This rule shall apply
to (check one): all Participants only the following class(es) of
Participants (must specify): ___________________________________.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify):
.
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the qualifications for this alternative normal
retirement benefit.
Other eligibility requirement (must specify): .
(5) Other Alternative Normal Retirement Benefit.
Must specify qualifications:
.
In-Service Distribution to Eligible Employees permitted (i.e., a qualifying
Participant may commence receiving retirement benefits while in service
without first incurring a Bona Fide Separation from Service), if the
Participant meets minimum age and service requirements specified
immediately above and is at least age 62 (unless a lower safe-harbor age is
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City of Milton (Amended Effective April 10, 2017)
permitted under applicable federal law), subject to applicable Plan
provisions concerning recalculation and offset applied at re-retirement to
account for the value of benefits received prior to re-retirement. This rule
shall apply to (check one): all Participants only the following
class(es) of Participants (must specify):
___________________________________________________________.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify):
.
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the qualifications for this alternative normal
retirement benefit.
Other eligibility requirement (must specify): .
(6) Other Alternative Normal Retirement Benefit for Public Safety Employees
Only.
Must specify qualifications:
.
In-Service Distribution to Eligible Employees who are Public Safety
Employees permitted (i.e., a qualifying Participant may commence
receiving retirement benefits while in service without first incurring a
Bona Fide Separation from Service), if the Participant meets minimum age
and service requirements specified immediately above and is at least age
50 (unless a lower safe-harbor age is permitted under applicable federal
law), subject to applicable Plan provisions concerning recalculation and
offset applied at re-retirement to account for the value of benefits received
prior to re-retirement. This rule shall apply to (check one): all
Participants only the following class(es) of Participants (must specify):
___________________________________________________________.
This alternative normal retirement benefit is available to:
All public safety employee Participants who qualify.
Only the following public safety employee Participants (must specify):
.
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City of Milton (Amended Effective April 10, 2017)
A public safety employee Participant (check one): is required is not
required to be in the service of the Employer at the time he satisfies the
qualifications for this alternative normal retirement benefit.
Other eligibility requirement (must specify): .
Note: "Public safety employees" are defined under the Internal Revenue Code for this
purpose as employees of a State or political subdivision of a State who provide police
protection, firefighting services, or emergency medical services for any area within the
jurisdiction of such State or political subdivision.
D. Disability Benefit Qualifications
Subject to the other terms and conditions of the Master Plan and except as otherwise provided in
an Addendum to this Adoption Agreement, disability retirement qualifications are based upon
Social Security Administration award criteria or as otherwise provided under Section 2.23 of the
Master Plan. The Disability Retirement benefit shall commence as of the Participant's Disability
Retirement Date under Section 2.24 of the Master Plan.
To qualify for a disability benefit, a Participant must have the following minimum number of
years of Total Credited Service (check one):
Not applicable (the Adopting Employer does not offer disability retirement
benefits under the Plan).
No minimum.
_______ years (insert number) of Total Credited Service.
Other eligibility requirement (must specify): .
15. RETIREMENT BENEFIT COMPUTATION
A. Maximum Total Credited Service
The number of years of Total Credited Service which may be used to calculate a benefit is
(check one or all that apply):
not limited.
limited to _________ years for all Participants.
limited to ________ years for the following classes of Eligible Regular
Employees:
All Eligible Regular Employees.
Only the following Eligible Regular Employees:
.
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City of Milton (Amended Effective April 10, 2017)
limited to _______ years as an elected or appointed member of the Governing
Authority.
limited to _______ years as a Municipal Legal Officer.
Other (must specify): .
B. Monthly Normal Retirement Benefit Amount
(1) Regular Employee Formula
The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check
and complete one or more as applicable):
(a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average
Earnings multiplied by years of Total Credited Service as an Eligible
Regular Employee.
This formula applies to:
All Participants who are Regular Employees.
Only the following Participants (must specify):
.
(b) Alternative Flat Percentage Formula. ______% (insert percentage) of
Final Average Earnings multiplied by years of Total Credited Service as
an Eligible Regular Employee. This formula applies to the following
Participants (must specify): .
(c) Split Final Average Earnings Formula. _____ % (insert percentage) of
Final Average Earnings up to the amount of Covered Compensation (see
subsection (2) below for definition of Covered Compensation), plus
______% (insert percentage) of Final Average Earnings in excess of said
Covered Compensation, multiplied by years of Total Credited Service as
an Eligible Regular Employee.
This formula applies to:
All Participants who are Regular Employees.
Only the following Participants (must specify):
.
(d) Alternative Split Final Average Earnings Formula. _____ % (insert
percentage) of Final Average Earnings up to the amount of Covered
Compensation (see subsection (2) below for definition of Covered
Compensation), plus ______% (insert percentage) of Final Average
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City of Milton (Amended Effective April 10, 2017)
Earnings in excess of said Covered Compensation, multiplied by years of
Total Credited Service as an Eligible Regular Employee.
This formula applies to:
All Participants.
Only the following Participants (must specify):
.
[Repeat above subsections as necessary for each applicable benefit formula and Participant
class covered under the Plan.]
(2) Covered Compensation (complete only if Split Formula(s) is checked above):
Covered Compensation is defined as (check one or more as applicable):
(a) A.I.M.E. Covered Compensation as defined in Section 2.18 of the
Master Plan. This definition of Covered Compensation shall apply to
(check one):
All Participants who are Regular Employees.
Only the following Participants (must specify): .
(b) Dynamic Break Point Covered Compensation as defined in Section 2.19
of the Master Plan. This definition of Covered Compensation shall apply
to (check one):
All Participants who are Regular Employees.
Only the following Participants (must specify): .
(c) Table Break Point Covered Compensation as defined in Section 2.20 of
the Master Plan. This definition of Covered Compensation shall apply to
(check one):
All Participants who are Regular Employees.
Only the following class(es) of Participants (must specify):
.
(d) Covered Compensation shall mean a Participant's annual Earnings that
do not exceed $_______________ (specify amount). This definition shall
apply to (check one):
All Participants who are Regular Employees.
Only the following Participants (must specify): .
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City of Milton (Amended Effective April 10, 2017)
(3) Final Average Earnings
Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings
is defined as the monthly average of Earnings paid to a Participant by the Adopting Employer for
the 60 (insert number not to exceed 60) consecutive months of Credited Service preceding the
Participant's most recent Termination in which the Participant's Earnings were the highest,
multiplied by 12. Note: GMEBS has prescribed forms for calculation of Final Average Earnings
that must be used for this purpose.
This definition of Final Average Earnings applies to:
All Participants who are Regular Employees.
Only the following Participants (must specify): .
[Repeat above subsection as necessary for each applicable definition and Participant class
covered under the Plan.]
(4) Formula for Elected or Appointed Members of the Governing Authority
The monthly normal retirement benefit for members of this class shall be as follows (check one):
Not applicable (elected or appointed members of the Governing Authority or Municipal
Legal Officers are not permitted to participate in the Plan).
$_________ (insert dollar amount) per month for each year of Total Credited Service
as an elected or appointed member of the Governing Authority or Municipal Legal
Officer or major fraction thereof (6 months and 1 day).
This formula applies to:
All elected or appointed members of the Governing Authority or Municipal Legal
Officers eligible to participate.
Only the following elected or appointed members of the Governing Authority or
Municipal Legal Officers eligible to participate (must specify): .
[Repeat above subsection as necessary for each applicable formula for classes of elected or
appointed members covered under the Plan.]
C. Monthly Early Retirement Benefit Amount
Check and complete one or more as applicable:
(1) Standard Early Retirement Reduction Table. The monthly Early
Retirement benefit shall be computed in the same manner as the monthly
Normal Retirement benefit, but the benefit shall be reduced on an
Actuarially Equivalent basis in accordance with Section 12.01 of the
Master Plan to account for early commencement of benefits. This
provision shall apply to:
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City of Milton (Amended Effective April 10, 2017)
All Participants.
Only the following Participants (must specify): Participants who
terminated prior to July 1, 2014, who were not reemployed
prior to such date.
(2) Alternative Early Retirement Reduction Table. The monthly Early
Retirement benefit shall be computed in the same manner as the monthly
Normal Retirement benefit, but the benefit shall be reduced to account for
early commencement of benefits based on the following table. This table
shall apply to:
All Participants.
Only the following Participants (must specify): Participants who
were employed with the City on June 30, 2014 and who
terminated employment prior to April 10, 2017.
Alternative Early Retirement Reduction Table
Number of Years Before
Age _65
(check as applicable)
Percentage of
Normal Retirement Benefit*
(complete as applicable)
0 1.000
1 0.97
2 0.94
3 0.91
4 0.88
5 0.85
6 0.82
7 0.79
8 0.76
9 0.73
10 0.70
11 0.___
12 0.___
13 0.___
14 0.___
15 0.___
*Interpolate for whole months
(3) Alternative Early Retirement Reduction Table. The monthly Early
Retirement benefit shall be computed in the same manner as the monthly
Normal Retirement benefit, but the benefit shall be reduced to account for
early commencement of benefits based on the following table. This table
shall apply to:
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City of Milton (Amended Effective April 10, 2017)
All Participants.
Only the following Participants (must specify): Participants who
were employed with the City on June 30, 2014 and remain
employed with the City (with no break in Service) as of April
10, 2017.
Alternative Early Retirement Reduction Table
Number of Years Before
Age 65
(check as applicable)
Percentage of
Normal Retirement Benefit*
(complete as applicable)
0 1.000
1 0.98
2 0.96
3 0.94
4 0.92
5 0.90
6 0.88
7 0.86
8 0.84
9 0.82
10 0.80
11 0.___
12 0.___
13 0.___
14 0.___
15 0.___
*Interpolate for whole months
D. Monthly Late Retirement Benefit Amount (check one):
(1) The monthly Late Retirement benefit shall be computed in the same
manner as the Normal Retirement Benefit, based upon the Participant's
Accrued Benefit as of his Late Retirement Date.
(2) The monthly Late Retirement benefit shall be the greater of: (1) the
monthly retirement benefit accrued as of the Participant's Normal
Retirement Date, actuarially increased in accordance with the actuarial
table contained in Section 12.05 of the Master Plan; or (2) the monthly
retirement benefit accrued as of the Participant's Late Retirement Date,
without further actuarial adjustment under Section 12.06 of the Master
Plan.
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City of Milton (Amended Effective April 10, 2017)
E. Monthly Disability Benefit Amount
The amount of the monthly Disability Benefit shall be computed in the same manner as the
Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability
Retirement Date.
Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit.
The Employer elects the following minimum Disability benefit (check one):
Not applicable (the Adopting Employer does not offer disability retirement
benefits under the Plan).
No minimum is established.
No less than (check one): 20% 10% ____% (if other than 20% or 10%
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period (excluding any period of unpaid leave of absence)
immediately preceding his Termination of Employment as a result of a Disability.
(Unless otherwise specified in an Addendum to the Adoption Agreement, no
minimum will apply to elected or appointed members of the Governing Authority
or Municipal Legal Officers.)
No less than (check one): 66 2/3 % ______% (if other than 66 2/3%,
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period (excluding any period of unpaid leave of absence)
immediately preceding his Termination of Employment as a result of a Disability,
less any monthly benefits paid from federal Social Security benefits as a result of
disability as reported by the Employer. (Unless otherwise specified in an
Addendum to the Adoption Agreement, no minimum will apply to elected or
appointed members of the Governing Authority or Municipal Legal Officers.)
Note: The Adopting Employer is responsible for reporting to GMEBS any amounts to be
used in an offset.
F. Minimum/Maximum Benefit For Elected Officials
In addition to any other limitations imposed by federal or state law, the Employer may impose a
cap on the monthly benefit amount that may be received by elected or appointed members of the
Governing Authority. The Employer elects (check one):
Not applicable (elected or appointed members of the Governing Authority do not
participate in the Plan).
No minimum or maximum applies.
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City of Milton (Amended Effective April 10, 2017)
Monthly benefit for Service as an elected or appointed member of the Governing
Authority may not exceed 100% of the Participant's final salary as an elected or
appointed member of the Governing Authority.
Other minimum or maximum (must specify): .
16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE
SEPARATION OF SERVICE; COLA
A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early
Retirement and Following Bona Fide Separation of Service (see Master Plan Section
6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan
Section 6.06(e) and (f) Regarding Re-Employment After Disability Retirement)
(1) Reemployment After Normal or Alternative Normal Retirement. In the event
that a Retired Participant 1) is reemployed with the Employer as an Eligible Employee (as
defined in the Plan) after his Normal or Alternative Normal Retirement Date and after a Bona
Fide Separation from Service, or 2) is reemployed with the Employer in an Ineligible Employee
class, and subsequently again becomes an Eligible Employee (as defined in the Plan) due to the
addition of such class to the Plan after his Normal or Alternative Normal Retirement Date, the
following rule shall apply (check one):
(a) The Participant's benefit shall be suspended in accordance with
Section 6.06(a)(1) of the Master Plan for as long as the Participant
remains employed.
(b) The Participant may continue to receive his retirement benefit in
accordance with Section 6.06(b) of the Master Plan. This rule
shall apply to (check one): all Retired Participants only the
following classes of Retired Participants (must specify - benefits
of those Retired Participants not listed shall be suspended in
accordance with Section 6.06(a) of the Master Plan if they
return to work with the Employer):
.
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City of Milton (Amended Effective April 10, 2017)
(2) Reemployment After Early Retirement. In the event a Participant Retires with
an Early Retirement benefit after a Bona Fide Separation from Service 1) is reemployed with the
Employer as an Eligible Employee before his Normal Retirement Date; or 2) is reemployed with
the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible
Employee (as defined in the Plan) before his Normal Retirement Date due to the addition of such
class to the Plan, the following rule shall apply (check one or more as applicable):
(a) The Participant's Early Retirement benefit shall be suspended in
accordance with Section 6.06(a)(1) of the Master Plan for as long as the
Participant remains employed.
This rule shall apply to (check one): all Retired Participants; only
the following classes of Retired Participants (must specify):
___________________________________________________________.
(b) The Participant's Early Retirement benefit shall be suspended in
accordance with Section 6.06(a)(1) of the Master Plan. However, the
Participant may begin receiving benefits after he satisfies the
qualifications for Normal Retirement or Alternative Normal Retirement,
as applicable, and after satisfying the minimum age parameters of Section
6.06(a)(3) of the Master Plan, in accordance with Section 6.06(b)(2)(B)(i)
of the Master Plan.
This rule shall apply to (check one): all Retired Participants; only
the following classes of Retired Participants (must specify):
___________________________________________________________.
(c) The Participant's Early Retirement benefit shall continue in
accordance with Section 6.06(b)(2)(B)(ii) of the Master Plan.
This rule shall apply to (check one): all Retired Participants; only
the following classes of Retired Participants (must specify):
___________________________________________________________.
B. Cost Of Living Adjustment
The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the
amount of benefits being received by Retired Participants and Beneficiaries, which shall be
calculated and paid in accordance with the terms of the Master Plan. The Employer hereby
elects the following (check one):
(1) No cost-of-living adjustment.
(2) Variable Annual cost-of-living adjustment not to exceed ______% (insert
percentage).
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City of Milton (Amended Effective April 10, 2017)
(3) Fixed annual cost-of-living adjustment equal to ______% (insert
percentage).
The above cost-of-living adjustment shall apply with respect to the following Participants (and
their Beneficiaries) (check one):
All Participants (and their Beneficiaries).
Participants (and their Beneficiaries) who terminate employment
on or after __________________ (insert date).
Other (must specify):
.
The Adjustment Date for the above cost-of-living adjustment shall be (if not specified, the
Adjustment Date shall be January 1): ______________________________________________.
17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT;
VESTING
A. Eligible Regular Employees
Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular
Employee and whose employment is terminated for any reason other than death or retirement
shall earn a vested right in his accrued retirement benefit in accordance with the following
schedule (check one):
No vesting schedule (immediate vesting).
Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a
minimum of 7 years (insert number not to exceed 10) of Total Credited Service.
Benefits remain 0% vested until the Participant satisfies this minimum.
Graduated Vesting Schedule. Benefits shall become vested in accordance with
the following schedule (insert percentages):
COMPLETED YEARS
OF TOTAL CREDITED SERVICE
VESTED PERCENTAGE
1 %
2 %
3 %
4 %
5 %
6 %
7 %
8 %
9 %
10 %
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City of Milton (Amended Effective April 10, 2017)
Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of
Regular Employees, the Employer must specify the different vesting schedule below and the
class(es) to whom the different vesting schedule applies.
Regular Employees to whom exception applies (must specify): City Manager.
Vesting Schedule for excepted class (must specify; schedule for 100% vesting cannot exceed
10 years): Immediate Vesting (no vesting requirement).
B. Elected or Appointed Members of the Governing Authority
Subject to the terms and conditions of the Master Plan, a Participant who is an elected or
appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested
right in his accrued retirement benefit for Credited Service in such capacity in accordance with
the following schedule (check one):
Not applicable (elected or appointed members of the Governing Authority are not
permitted to participate in the Plan).
No vesting schedule (immediate vesting).
Other vesting schedule (must specify; schedule for 100% vesting cannot
exceed 10 years):
.
18. PRE-RETIREMENT DEATH BENEFITS
A. In-Service Death Benefit
Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following
in-service death benefit, to be payable in the event that an eligible Participant's employment with
the Employer is terminated by reason of the Participant's death prior to Retirement (check and
complete one):
(1) Auto A Death Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit
that would have otherwise been payable to the Participant, had he elected a 100%
joint and survivor benefit under Section 7.03 of the Master Plan. In order to be
eligible for this benefit, a Participant must meet the following requirements
(check one):
The Participant must be vested in a normal retirement benefit.
The Participant must have ______ years (insert number) of Total
Credited Service.
The Participant must be eligible for Early or Normal Retirement.
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City of Milton (Amended Effective April 10, 2017)
Other eligibility requirement (must specify):
.
(2) Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the
Participant's anticipated Normal Retirement benefit, provided the Participant
meets the following eligibility conditions (check one):
The Participant shall be eligible upon satisfying the eligibility
requirements of Section 8.02(c) of the Master Plan.
The Participant must have _____ years (insert number) of Total Credited
Service.
Other eligibility requirement (must specify):
.
Imputed Service. For purposes of computing the actuarial reserve death benefit,
the Participant's Total Credited Service shall include (check one):
Total Credited Service accrued prior to the date of the Participant's death.
Total Credited Service accrued prior to the date of the Participant's death,
plus (check one): one-half (½) ___________ (insert other
fraction) of the Service between such date of death and what would
otherwise have been the Participant's Normal Retirement Date. (See
Master Plan Section 8.02(b) regarding 10-year cap on additional
Credited Service.)
Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death
Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is
terminated by reason of the Participant's death prior to Retirement, and if as of the date of death
the Participant is vested but he does not qualify for the in-service death benefit, then the Auto A
Death Benefit will be payable, provided the Auto A Death Benefit is made available to
terminated vested employees under the Adoption Agreement (see "Terminated Vested Death
Benefit" below).
(3) Exceptions: If an in-service death benefit other than that specified above applies
to one or more classes of Participants, the Employer must specify below the death benefit
payable, the class(es) to whom the different death benefit applies, and the eligibility conditions
for said death benefit.
Alternative Death Benefit (must specify formula that complies with definitely determinable
requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits
applicable to governmental plans under Code Sections 401(a)(17) and 415):
.
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City of Milton (Amended Effective April 10, 2017)
Participants to whom alternative death benefit applies (must specify):
.
Eligibility conditions for alternative death benefit (must specify): .
B. Terminated Vested Death Benefit
(1) Complete this Section only if the Employer offers a terminated vested death
benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in
the event that a Participant who is vested dies after termination of employment but before
Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the
Employer hereby elects the following terminated vested death benefit (check one):
Auto A Death Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit
that would have otherwise been payable to the Participant had he elected a 100%
joint and survivor benefit under Section 7.03 of the Master Plan.
Accrued Retirement Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary which shall be actuarially equivalent to the
Participant's Accrued Normal Retirement Benefit determined as of the date of
death.
(2) Exceptions: If a terminated vested death benefit other than that specified above
applies to one or more classes of Participants, the Employer must specify below the death benefit
payable, the class(es) to whom the different death benefit applies, and the eligibility conditions
for said death benefit.
Alternative Death Benefit (must specify formula that complies with definitely determinable
requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits
applicable to governmental plans under Code Sections 401(a)(17) and 415):
.
Participants to whom alternative death benefit applies (must specify):
.
Eligibility conditions for alternative death benefit (must specify):
.
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City of Milton (Amended Effective April 10, 2017)
19. EMPLOYEE CONTRIBUTIONS
(1) Employee contributions (check one):
Are not required.
Are required in the amount of _____ % (insert percentage) of Earnings for all
Participants.
Are required in the amount of 3.0 % (insert percentage) of Earnings for
Participants in the following classes (must specify): Eligible Regular Employees
employed on or after April 1, 2007, commencing with the first payroll period
beginning on or after April 1, 2007.
[Repeat above subsection as necessary if more than one contribution rate applies.]
(2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions
are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee
Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee
Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements
of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is
the Employer's responsibility to ensure that Employee Contributions are paid and reported in
accordance with IRC Section 414(h). The Adopting Employer must not report picked up
contributions as wages subject to federal income tax withholding.
The Employer hereby elects (check one):
To pick up Employee Contributions. By electing to pick up Employee
Contributions, the Adopting Employer specifies that the contributions, although
designated as Employee Contributions, are being paid by the Employer in lieu of
Employee Contributions. The Adopting Employer confirms that the executor of
this Adoption Agreement is duly authorized to take this action as required to pick
up contributions. This pick-up of contributions applies prospectively, and it is
evidenced by this contemporaneous written document. On and after the date of
the pick-up of contributions, a Participant does not have a cash or deferred
election right (within the meaning of Treasury Regulation
Section 1.401(k)-1(a)(3)) with respect to the designated Employee Contributions,
which includes not having the option of receiving the amounts directly instead of
having them paid to the Plan.
Not to pick up Employee Contributions.
(3) Interest on Employee Contributions. The Adopting Employer may elect to pay
interest on any refund of Employee Contributions.
Interest shall not be paid.
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City of Milton (Amended Effective April 10, 2017)
Interest shall be paid on a refund of Employee Contributions at a rate established
by GMEBS from time to time.
Other rate of interest (must specify rate, subject to the provisions of
Section 13.06 of the Master Plan Document): .
20. MODIFICATION OF THE TERMS OF THE ADOPTION
AGREEMENT
If an Adopting Employer desires to amend any of its elections contained in this Adoption
Agreement (or any Addendum), the Governing Authority by official action must adopt an
amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or
Addendum) must be adopted and forwarded to the Board for approval. The amendment of the
new Adoption Agreement (or Addendum) is not effective until approved by the Board and other
procedures required by the Plan have been implemented.
The Administrator will timely inform the Adopting Employer of any amendments made by the
Board to the Plan.
21. TERMINATION OF THE ADOPTION AGREEMENT
This Adoption Agreement (and any Addendum) may be terminated only in accordance with the
Plan. The Administrator will inform the Adopting Employer in the event the Board should
decide to discontinue this volume submitter program.
22. EMPLOYER ADOPTION AND AUTHORIZATION FOR
AMENDMENTS
Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any
Addendum, which is attached hereto and made a part of this ordinance. The Adoption
Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the
Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions
imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The
Adopting Employer reserves the right to amend its elections under the Adoption Agreement and
any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal
Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS.
The Adopting Employer acknowledges that it may not be able to rely on the volume submitter
advisory letter if it makes certain elections under the Adoption Agreement or the Addendum.
The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules
and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from
time to time, in all matters pertaining to the operation and administration of the Plan. It is
intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and
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City of Milton (Amended Effective April 10, 2017)
regulations of the Board are to be construed in harmony with each other. In the event of a
conflict between the provisions of any of the foregoing, they shall govern in the following order:
(1) The Act creating the Board of Trustees of The Georgia Municipal Employees'
Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in
the Appendix to the Master Defined Benefit Plan Document) and any other
applicable provisions of O.C.G.A. Title 47;
(2) The Master Defined Benefit Plan Document and Trust Agreement;
(3) This Ordinance and Adoption Agreement (and any Addendum); and
(4) The rules and regulations of the Board.
In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared
or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the
previously existing provisions or the other section or sections, subsections, sentences, clauses or
phrases of this Plan, which shall remain in full force and effect, as if the section, subsection,
sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not
originally a part hereof. The Governing Authority hereby declares that it would have passed the
remaining parts of this Plan or retained the previously existing provisions if it had known that
such part or parts hereof would be declared or adjudicated invalid or unconstitutional.
This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia
Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document
approved by the Internal Revenue Service under advisory letter _____________ dated
____________, 20___. The Adopting Employer understands that failure to properly complete
this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in
accordance with the terms of the completed Adoption Agreement (and any Addendum), Master
Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under
the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan
provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The
Administrator is Georgia Municipal Employees Benefit System, with its primary business offices
located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is:
(404) 688-0472. The primary person to contact is: GMEBS Legal Counsel.
Authorization for Amendments. Effective on and after February 17, 2005, the Adopting
Employer hereby authorizes the volume submitter practitioner who sponsors the Plan on behalf
of GMEBS, to prepare amendments to the Plan, for approval by the Board, on its behalf as
provided under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2015-36,
Revenue Procedure 2011-49, and Announcement 2005-37. Effective January 1, 2013, Georgia
Municipal Association, Inc. serves as the volume submitter practitioner for the Plan. Employer
notice and signature requirements were met for the Adopting Employer before the effective date
of February 17, 2005. The Adopting Employer understands that the implementing amendment
reads as follows:
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City of Milton (Amended Effective April 10, 2017)
On and after February 17, 2005, the Board delegates to the Practitioner the
authority to advise and prepare amendments to the Plan, for approval by the
Board, on behalf of all Adopting Employers, including those Adopting Employers
who have adopted the Plan prior to the January 1, 2013, restatement of the Plan,
for changes in the Code, the regulations thereunder, revenue rulings, other
statements published by Internal Revenue Service, including model, sample, or
other required good faith amendments (but only if their adoption will not cause
such Plan to be individually designed), and for corrections of prior approved
plans. These amendments shall be applied to all Adopting Employers. Employer
notice and signature requirements have been met for all Adopting Employers
before the effective date of February 17, 2005. In any event, any amendment
prepared by the Practitioner and approved by the Board will be provided by the
Administrator to Adopting Employers.
Notwithstanding the foregoing paragraph, no amendment to the Plan shall
be prepared on behalf of any Adopting Employer as of either:
• the date the Internal Revenue Service requires the Adopting
Employer to file Form 5300 as an individually designed plan as a
result of an amendment by the Adopting Employer to incorporate a
type of Plan not allowable in a volume submitter plan as described
in Revenue Procedure 2015-36; or
• as of the date the Plan is otherwise considered an individually
designed plan due to the nature and extent of the amendments.
If the Adopting Employer is required to obtain a determination letter for
any reason in order to maintain reliance on the advisory letter, the Practitioner's
authority to amend the Plan on behalf of the Adopting Employer is conditioned on
the Plan receiving a favorable determination letter.
The Adopting Employer further understands that, if it does not give its authorization
hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an
individually designed plan and will not be able to rely on the volume submitter advisory letter.
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City of Milton (Amended Effective April 10, 2017)
AN ORDINANCE (continued from page 1)
Section 2. Except as otherwise specifically required by law or by the terms of the Master
Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with
respect to persons whose employment with the City was terminated or who vacated his office
with the City for any reason whatsoever prior to the effective date of this Ordinance are fixed
and shall be governed by such Plan, if any, as it existed and was in effect at the time of such
termination.
Section 3. The effective date of this Ordinance shall be April 10, 2017.
Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly
repealed.
Approved by the Mayor and Council of the City of Milton, Georgia this _______ day of
_____________________, 20_____.
Attest: CITY OF MILTON, GEORGIA
City Clerk Mayor
(SEAL)
Approved:
__________________________
City Attorney
The terms of the foregoing Adoption Agreement are approved by the Board of Trustees
of Georgia Municipal Employees Benefit System.
IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees
Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed
this ______ day of __________________________, 20____.
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
Secretary
City of Milton (Amended Effective April 10, 2017)
GENERAL ADDENDUM TO THE
GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM
DEFINED BENEFIT RETIREMENT PLAN
ADOPTION AGREEMENT
This is an Addendum to the Adoption Agreement completed by the City
of Milton, as follows (complete one or more sections, as applicable):
***Item (1) of Pre –Approved Addendum – Not Applicable***
(2) Discontinuance of participation in the Plan by one or more Departments
or classes of Employees (for amendment of Adoption Agreement only -
see Section 9 of Adoption Agreement):
(a) DB Plan Participation Closed to Employees Initially Employed or
Reemployed on or after July 1, 2014 – Any Employee who is
initially employed or reemployed by the City of Milton or after
July 1, 2014 will not participate in the DB Plan (this Plan) with
respect to his/her Service and Earnings on or after the date of
such initial employment or reemployment. Eligible Regular
Employees who are employed with the City as of June 30, 2014
will remain in the DB Plan (this Plan), subject to the eligibility
requirements of this Plan, and except as otherwise provided in
subsections 2(b) and Section 14 below concerning the effect of
becoming reemployed. An Employee who is employed with the
City as of June 30, 2014 but who does not satisfy the eligibility
requirements (e.g., hour per week or month per year
requirement) to participate in this Plan as of such date, and who,
without terminating and becoming reemployed by the City, meets
the eligibility requirements to participate in this Plan on or after
July 1, 2014 shall become a Participant in this Plan upon
satisfying such eligibility requirements, subject to subsection 2(b)
and Section 14 below concerning the effect of becoming
reemployed.
(b) Employed as of June 30, 2014; Effect of Termination &
Reemployment – If an Eligible Regular Employee who is
employed with the City as of June 30, 2014 terminates
employment and becomes reemployed by the City on or after July
1, 2014, said Employee will not be eligible to participate in the DB
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City of Milton (Amended Effective April 10, 2017)
Plan (this Plan) with respect to his/her Service and Earnings with
the City on or after said reemployment date. In addition, said
Eligible Regular Employee’s vested status, the Eligible Regular
Employee’s eligibility for retirement and pre-retirement death
benefits, and the amount of any benefits payable to or on behalf of
the Eligible Regular Employee under the DB Plan (this Plan), if
any, with respect to the Eligible Regular Employee’s Service with
the City prior to said reemployment date will be determined
based upon the Eligible Regular Employee’s Credited Service and
his/her Final Average Earnings as of the date of his or her
termination of employment preceding the date he/she is first
reemployed by the City on or after July 1, 2014. Notwithstanding
the provision above concerning determination of vested status,
portability service with other GMEBS Retirement Fund member
employers will be taken into account as provided under
subsection 2(d) below. Service and Earnings on or after said
reemployment date will not be taken into account for any purpose
under the DB Plan (this Plan) (e.g., for purposes of becoming
vested under the DB Plan, meeting benefit eligibility
requirements, or computing the amount of benefits payable, if
any, under the DB Plan). See also Section 14 of this Addendum
regarding Frozen Plan Provisions.
(c) Former Employees Not Employed on June 30, 2014 Who Become
Reemployed or after July 1, 2014 – If a former Employee of the
City who is not employed with the City as of June 30, 2014
becomes reemployed by the City on or after July 1, 2014, the
Employee will not be eligible to participate in the DB Plan (this
Plan) with respect to his or her Service and Earnings with the
City on or after the date on which he or she is reemployed. The
Employee’s vested status, the Employee’s eligibility for retirement
and pre-retirement benefits, and the amount of any benefits
payable under this Plan, if any, with respect to the Employee’s
Service with the City prior to said reemployment date will be
determined in accordance with the applicable terms of this Plan,
if any, in effect as of the date of the Employee’s most recent
termination from the City preceding the date on which he or she
is first reemployed by the City on or after July 1, 2014, and the
Employee’s Credited Service and Final Average Earnings with
the City, if any, as of said termination date. Notwithstanding the
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City of Milton (Amended Effective April 10, 2017)
provision above concerning determination of vested status,
portability service will be taken into account as provided under
subsection 2(d) below. Service and Earnings with the City on or
after said reemployment date will not be taken into account for
any purpose under this Plan (e.g., for purposes of becoming
vested, meeting benefit eligibility requirements, or computing the
amount of benefits payable under this Plan). See also Section 14 of
this Addendum regarding Frozen Plan Provisions.
(d) GMEBS Portability Service – Credited Service under the defined
benefit retirement plans of other GMEBS Retirement Fund
member employers (portability service) will continue to be taken
into account under this Plan in accordance with the GMEBS
Master Plan (solely for purposes of determining vested status and
eligibility for retirement benefits under this Plan) with respect to:
(1) Eligible Regular Employees who are employed with the City as
of June 30, 2014; and (2) former Eligible Regular Employees of
the City not employed with the City as of June 30, 2014 who
previously participated in the DB Plan (this Plan), provided they
do not become reemployed by the City on or after July 1, 2014. If
an Employee or former Employee described in this subsection
2(d)(1) – (2) becomes reemployed with the City on or after July 1,
2014, then any portability service on or after said reemployment
date will not be taken into account for any purpose under the DB
Plan (this Plan), notwithstanding any provision of the Master Plan
to the contrary.
***Items (3) through (13) of Pre–Approved Addendum–Not Applicable***
(14) Frozen Plan Provisions (for amendment of Adoption Agreement only –
see Section 9 of Adoption Agreement regarding Classes of Eligible
Employees):
(a) Plan Freeze - The Plan is "frozen" effective as of July 1,
2014 (specify date). The Plan shall be subject to all
provisions of the Adoption Agreement and Master Plan,
except as otherwise provided herein, and the Employer shall
continue to maintain the Plan's qualified status. The Plan
shall be frozen, as follows (check as applicable):
- 4 -
City of Milton (Amended Effective April 10, 2017)
(i) The Plan shall be frozen with respect to the following
class(es) of Eligible Employees (one or more as
applicable): all Participants; all Eligible Regular
Employees; Members of the Governing Authority;
Municipal Legal Officers; other (must specify):
Employees initially employed or reemployed on or
after July 1, 2014.
(ii) Active Participants in the affected class(es) of Eligible
Employees as of the freeze effective date shall be
vested in their normal retirement benefits accrued as
of the effective date of the freeze to the extent funded
notwithstanding any provision of the Adoption
Agreement to the contrary.
(iii) Employees who are (check all that apply):
employed by the Employer or in office as of
_________ (specify date), first employed on or after
July 1, 2014 (specify date), first take office on or
after ___________ (specify date), reemployed on or
after July 1, 2014 (specify date), return to office
(following a vacation of office) on or after __________
(specify date), shall not be eligible to participate in the
Plan on or after the date on which such Employee is
first employed or reemployed on or after July 1, 2014,
as applicable (specify date).
(iv) With respect to Employees designated in
paragraph (iii) above, Earnings on or after the date
on which such Employee is first employed or
reemployed on or after July 1, 2014, as applicable
(specify date) shall not be taken into account for
purposes of the Plan.
(v) The Employees designated in paragraph (iii) above
shall not be credited with service for the Employer on
or after the date on which such Employee is first
employed or reemployed on or after July 1, 2014, as
applicable (specify date) for purposes of (check all
that apply): computing the amount of benefits
payable; meeting minimum service requirements
- 5 -
City of Milton (Amended Effective April 10, 2017)
for participation and vesting; meeting minimum
service requirements for benefit eligibility under the
Plan.
(vi) The following additional provisions shall apply as a
result of the freeze (must specify): See General
Addendum Section 2 for additional provisions
concerning Plan freeze.
The terms of the foregoing Addendum to the Adoption Agreement are
approved by the Mayor and Council of the City of Milton, Georgia this
________ day of _____________, 2017.
Attest: CITY OF MILTON, GEORGIA
_________________________ ____________________________________
City Clerk Mayor
(SEAL)
Approved:
__________________________
City Attorney
The terms of the foregoing Addendum are approved by the Board of
Trustees of the Georgia Municipal Employees Benefit System.
IN WITNESS WHEREOF, the Board of Trustees of the Georgia
Municipal Employees Benefit System has caused its Seal and the signatures of
its duly authorized officers to be affixed this ______ day of
__________________________, 20____.
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
Secretary
MILTOi-\')�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 30, 2017
FROM: Steven Krokoff, City Manager (J
AGENDA ITEM: Consideration of an Ordinance Creating the Milton
Greenspace Advisory Committee (MGAC).
MEETING DATE: Monday, April 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ((YES () NO
CITY ATTORNEY REVIEW REQUIRED: (-)"'YES () NO
APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: vq 116 2-0 11
2006 Heritage Walk Milton, GA
0000
P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
Page 1 of 4
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE CREATING THE
MILTON GREENSPACE ADVISORY COMMITTEE (MGAC)
WHEREAS, on August 15, 2016 the Mayor and City Council for the City of Milton (the
“City”) resolved that it and any other committee, commission or other designated advisory group
over which the City Council has control or influence would consider certain criteria and factors
that were identified in the August 15 Resolution in land acquisition decisions made with the
proposed general obligation bond funds of up to $25 million in aggregate principal amount; and
WHEREAS, on November 21, 2016 the City resolved to authorize the issuance of said
bonds, subject to the affirmative ratification by a majority of the qualified voters voting in the
November 8, 2016 Election; and
WHEREAS, the ballot title for the proposed bonds was “Conservation Land, Wildlife
Habitat, Natural Area, and Trails Bond;”
WHEREAS, the purpose of the proposed bond funding was to “acquire conservation land
and interests in conservation land for the purposes of providing recreational trails, protecting
natural areas and wildlife habitat, preserving agriculture land, protecting the water qualify of rivers
and streams and providing parks and park improvements;”
WHEREAS, the November 8, 2016 bond referendum was successful;
WHEREAS, for purposes of this Ordinance, the bond will be referenced as the
“Greenspace Bond,”
WHEREAS, the City of Milton has deemed it advisable and in the best interests of the
citizens of the City of Milton to create a Greenspace Advisory Committee to participate in the
greenspace land selection and acquisition process in conjunction with City Council and staff, to
facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and
procedures to govern the committee, and to assist City Council and staff, on an as needed basis,
with the financial oversight of the Greenspace Bond funds in relation to the land acquisition
program; and
WHEREAS, the City has determined that it would also be in the best interests of the
citizens of Milton for the City Council to select the members of the Greenspace Advisory
Committee through an open application process;
NOW THEREFORE THE MILTON CITY COUNCIL HEREBY ORDAINS that:
1. Creation. There is hereby created the Milton Greenspace Advisory Committee
(“MGAC”) whose mission and purpose shall be to, “participate in the greenspace land
Page 2 of 4
selection and acquisition process in conjunction with City Council and staff, to facilitate
achievement of the objectives of the Greenspace Bond goals, to establish policies and
procedures to govern the committee, and to assist City Council and staff, on an as needed
basis, with the financial oversight of the Greenspace Bond funds in relation to the land
acquisition program” In addition, the MGAC shall use and consider certain criteria and
factors in land acquisition decisions as resolved by the City Council Resolution No. 16-08-
379, dated August 15, 2016 and pursuant to the Greenspace Bond referendum ballot
language approved by the majority of Milton voters voting in the November 8, 2016
election. MGAC is created via Ordinance, and is therefore not subject to certain of the
requirements of Section 4.11 of the Milton Charter (See, City Charter, Section 4.11(b)), to
specifically include the size limitations and appointment process requirements.
2. Membership. MGAC shall consist of the following:
a. _____________ members [to be determined following staff review of citizen
applications];
b. A quorum for the conduct of business shall be (1) if membership is an odd
number, a number that is one-half of the appointed membership rounded to the
next whole number (i.e., if a seven-member committee, a quorum shall be four);
or (2) if membership is an even number, a number that is one-half of the
appointed membership plus one (i.e., if a ten-member committee, a quorum
shall be six);
c. Recommendations as to MCAG members shall be received based upon an open
nomination process by Milton citizens;
d. City staff shall review the pool of citizen applicants and shall undertake a
culling process with due consideration given to the public policy objectives and
considerations of the green space bond and as otherwise referenced in this
Ordinance; and, following that culling process City staff shall submit to the
Council a recommended list of qualified citizens. The City Council shall take
that list of qualified citizens under advisement and from that list formulate a
proposed MGAC membership panel. The City Council shall then make a
motion to approve the entire membership panel in a single vote during an open
meeting of the Council. Because formulation of the proposed MGAC
membership panel entails deliberations and discussions on the appointment of
prospective City officials and officers, discussions as to those MGAC members
to be appointed may occur in closed session. No vote of any kind regarding
appointment will occur in closed session;
e. The slate of MGAC members must be approved by a majority vote of the
Council before commencing service;
f. Each MGAC member must swear an oath prior to commencement of service;
g. MGAC members must be at least 21 years old;
h. MGAC members are not required to reside in any specific Council district; but
must be residents of Milton, Georgia;
i. MGAC members, following appointment and swearing, shall be subject to the
City of Milton Ethics Code, and shall be considered “City officials” or “City
officers” under Section 2-798 of the Milton Code (defining a City officer as
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“any member of a board, commission, or authority appointed by the council,
the city manager, and any other…appointed officer of the City of Milton”);
j. The City Council may consider appointments to MGAC in executive session,
as MGAC members are declared City officials or City officers. Any vote
regarding appointment shall occur in open session;
k. The City Council may remove a MGAC member, for convenience, upon
majority vote of the Council;
l. MGAC shall be subject to the State of Georgia Open Meetings Act, O.C.G.A.
50-14-1, et. seq, which necessarily includes the right to enter into closed or
executive session to discuss the potential acquisition of land;
m. No City Council member shall enter into any closed or executive session of
MGAC unless the executive session is a duly called joint executive session of
MGAC and the City Council. MGAC shall determine who is needed in
executive session to properly conduct such meeting in a matter that is both
effective and otherwise in conformance with the Open Meetings Act;
n. A MGAC member that misses more than three (3) consecutive MGAC
meetings, absent extenuating circumstances, shall be deemed automatically
removed from MGAC and the City Council shall forthwith nominate and
approve a replacement member. Any such replacement member shall fulfill the
remainder of the term of the member so removed and shall be entitled to all
rights and privileges of any other MGAC member. Section 2-157(c) of the
Milton City Code shall also be binding on MGAC; and,
o. The City Council shall retain the discretion, but not obligation, to authorize a
per diem payment to MGAC for meeting attendance. Any such authorization
must be approved by Resolution approved by the City Council. This
authorization for compensation, set forth during the creation of the MGAC, is
intended to fulfill the mandate of Section 2-160 of the Milton City Code.
3. Governance. MGAC members shall select officers and may draft and adopt by laws. In
the event that no MGAC-specific by laws or internal rules of procedure are adopted,
MGAC shall be subject to the City Council’s adopted internal rules of procedure. Members
may be required to sign confidentiality agreements relating to proposed land transactions
that are to be considered for acquisition by the City. Members must also be able to fulfill
the time commitment required to serve on the MGAC. Members must be willing to agree
with the goals of the Milton Greenspace Bond program and work towards achieving those
goals for the best interests of the Milton community as a whole. Members of the MGAC
shall undertake their respective duties in a volunteer capacity and shall not be compensated
for any time or expenses associated with any assignment or function with respect to the
MGAC, except for a potential per diem as set forth in Section 2(o).
4. Term. The initial term for MGAC members shall be randomly assigned by City staff,
with one-half of the members having four (4) year terms, and the remaining members
having three (3) year terms. Initial members shall be advised of their term. Following the
initial term, upon reappointment or selection of a new member to fill an expired term, each
member of MGAC shall thereafter have a four (4) year term. Upon the expiration of a
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MGAC member’s term, members shall continue to serve until a replacement is chosen.
Replacement shall be undertaken using the same methodology identified in Section 2(d)
and (e). Members may be appointed to serve an unlimited number of terms. Should any
member of MGAC be unable to fulfill their duties for any reason, and following removal
by the City Council, a mid-term replacement shall be appointed using the same
methodology identified in Sections 2(d) and (e).
5. Conduct of Business. MGAC shall meet at regular intervals as necessary to perform the
tasks and duties associated with MGAC’s mission, including recommending actions to the
city staff or Mayor and City Council. MGAC may establish and appoint representatives to
as many committees and sub-committees as are determined to be necessary for the
accomplishment of MGAC’s mission.
6. Volunteer Members. MGAC shall be authorized to utilize community volunteers to
assist in accomplishing MGAC’s mission. Such volunteers shall not be considered MGAC
members, but will function as liaisons to receive, disseminate, and provide information by
and between the community and MGAC regarding the strategy, plans, and progress of
implementing the Milton Greenspace bond program.
7. Staff. Staff of the City of Milton may attend the meetings of the MGAC but shall serve
in no official capacity. City st aff may assist the MGAC members in the fulfillment of the
committee’s work.
8. Logo. MGAC may adopt an official logo for the MGAC.
The public health, safety, and welfare demanding it.
SO ORDAINED, this ____ day of _____________, 2017.
_______________________________
Mayor, Joe Lockwood
Attest:
__________________________
Sudie AM Gordon, City Clerk