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Agenda Packet - CC - 04/23/2018
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, April 23, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Octavia Sargeant, St. James United Methodist Church, Alpharetta, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-120) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2018 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of the March 19, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-121) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending February 2018. (Agenda Item No. 18-122) (Bernadette Harvill, Finance Director) 3. Approval of the Financial Statements and Investment Report for the Period Ending March 2018. (Agenda Item No. 18-123) (Bernadette Harvill, Finance Director) 4. Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Milton Mustangs Swim Team. (Agenda Item No. 18-124) (Jim Cregge, Parks & Recreation Director) 5. Approval of Change Order #1 to a Professional Services Agreement for TSPLOST Batch 2 Design Services. (Agenda Item No. 18-125) (Sara Leaders, Transportation Engineer) 6. Approval of a Professional Services Agreement between the City of Milton and Cooper Carry, Inc. to Provide Final Design Services for the Proposed Court/Police and Fire Facilities on State Highway 9. (Agenda Item No. 18-126) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2018 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7. Approval of a Contract Renewal with eCivis, Inc. for a Two-Year Subscription to Web-Based Grants Management Software. (Agenda Item No. 18-127) (Stacey Inglis, Assistant City Manager) 8. Approval of the following Subdivision Plat. Name of Development / Location Action Comments / # lots Total Acres Density 1. Andreu Estates at Henderson LL 262, 263 Henderson Road Minor Plat 3 Lots 3.75 .8 Lots / acre (Agenda Item No. 18-128) (Kathleen Field, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing the First City of Milton Community Emergency Response Team. (Mayor Joe Lockwood & Robert Edgar, Fire Chief) 2. Proclamation Recognizing Georgia Cities Week. (Mayor Joe Lockwood) 3. Presentation of Ordinance to Amend Chapter 60, “Tree Canopy Conservation Ordinance” of the City of Code of Ordinances. (Kathleen Field, Community Development Director) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 18-129) (Jim Cregge, Parks & Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2018 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2018 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 18-110) (First Presentation at April 9, 2018 Regular City Council Meeting) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA 1. Consideration of ZM18-01/VC18-04 – Southeast Quadrant of Birmingham Hwy and Birmingham Road, by OHC Birmingham LLC to request a zoning modification and concurrent variance for the following: 1) Request to modify ZM14-06, Condition 2.a. to the Revised plan Dated March 16, 2018; 2) Request to modify ZM14-03 – To delete Condition 6.c., the reference to the village green; 3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX-zoning district adjacent to AG-1 – Sec. 64-1142(a)(3.)b; and 4) A Concurrent Variance to reduce the Village Green in the southeast Quadrant from 13,000 square feet – Sec. 64-1324(b). (Agenda Item No. 18-083) (First Presentation at March 5, 2018 Regular City Council Meeting) (Deferred at March 19, 2018 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ18-08 - to amend Article XIX Crabapple Form Based Code to amend Table 1 Transect Zone Descriptions. (Agenda Item No. 18-112) (First Presentation at April 9, 2018 Regular City Council Meeting) (Discussed at April 16, 2018 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2018 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2018 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 18-110) (First Presentation at April 9, 2018 Regular City Council Meeting) (Public Hearing at April 23, 2018 Regular City Council Meeting) (Bernadette Harvill, Finance Director) 2. Consideration of Ordinance to Amend Chapter 60, “Tree Canopy Conservation Ordinance” of the City of Code of Ordinances. (Agenda Item No. 18-111) (Kathleen Field, Community Development Director) 3. Consideration of Amendments to Chapter 2 – Administration, Article II, Division 2 – Meetings. (Agenda Item No. 18-113) (First Presentation at April 9, 2018 Regular City Council Meeting) (Discussed at April 16, 2018 City Council Work Session) (Ken Jarrard, City Attorney) 12) NEW BUSINESS 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Finance 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-130) TO: �r CITY COUNCIL AGENDA ITEM City Council DATE: A Aril 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending February 2018. MEETING DATE: Monday, April 23, 2018 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 (,J�NO CITY ATTORNEY REVIEW REQUIRED: (J YES (IL -NO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: z3) z e ''L- 2006 t 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 13, 2018 for the April 23, 2018 Regular Council Meeting Agenda Item: Financial Statements for Period 5 – February 2018 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.02% over what is anticipated for the fifth period of the fiscal year. Total expenditures to-date are $9,246,414 and are 6.83% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,010,310, capital expenditures-to-date total $2,478,186. Please note that beginning in January 2018 the financial statements for capital related funds will now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 14 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending February 2018 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,900,000 119,871 420,826 (300,955) 10,631,076 10,422,996 208,080 Motor Vehicle Tax 452,000 46,427 37,350 9,077 179,706 149,400 30,306 Intangible Tax 265,000 13,110 22,075 (8,964) 75,282 110,373 (35,091) Real Estate Transfer Tax 84,000 8,459 6,972 1,487 30,346 27,888 2,458 Franchise Fees 1,950,870 355,194 270,000 85,194 710,528 690,218 20,310 Local Option Sales Tax 8,500,000 736,363 705,500 30,863 3,055,843 2,822,000 233,843 Alcohol Beverage Excise Tax 298,000 20,467 24,734 (4,267) 102,787 98,936 3,851 Business & Occupation Tax 675,000 119,427 135,000 (15,573) 253,161 202,500 50,661 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 38,150 3,944 4,578 (634) 3,944 4,578 (634) Penalties & Interest 23,900 53 1,813 (1,761) 7,804 8,894 (1,090) Alcohol Beverage Licenses 145,000 1,083 - 1,083 147,341 145,000 2,341 Other Non-Business Permits/Licenses 18,100 2,238 1,233 1,005 11,061 7,915 3,147 Zoning & Land Disturbance Permits 48,350 2,647 4,028 (1,381) 13,602 20,138 (6,536) Building Permits 335,000 22,568 20,100 2,468 146,060 127,300 18,760 Intergovernmental Revenue - - - - - - - Other Charges for Service 444,300 43,843 27,956 15,887 235,237 190,437 44,801 Municipal Court Fines 475,000 35,167 - 35,167 158,120 158,333 (213) Interest Earnings 61,000 6,451 5,081 1,370 38,239 25,407 12,833 Contributions & Donations - 12,960 - 12,960 17,048 - 17,048 Other Revenue 63,200 1,857 5,348 (3,491) 30,807 26,340 4,467 Other Financing Sources 15,000 9,692 1,250 8,442 9,692 6,250 3,442 Total Revenues 26,791,870 1,561,822 1,693,844 (132,022)15,857,687 15,244,902 612,785 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 168,869 9,086 11,238 (2,151) 59,203 67,691 (8,488) City Clerk 353,535 (21,015) 18,291 (39,306) 140,998 232,298 (91,300) City Manager 720,886 50,809 56,333 (5,523) 295,784 296,123 (339) General Administration 60,374 7,921 4,975 2,946 22,402 24,931 (2,529) Finance 495,534 53,652 53,190 461 233,681 243,442 (9,761) Legal 275,000 18,964 22,917 (3,953) 125,444 114,583 10,860 Information Technology 787,417 51,739 61,807 (10,068) 363,321 321,998 41,322 Human Resources 333,864 19,596 25,992 (6,396) 110,507 135,736 (25,229) Risk Management 258,600 - - - 148,047 148,047 - General Government Buildings 197,970 13,332 16,457 (3,126) 60,408 82,687 (22,279) Communications 198,926 12,296 15,352 (3,055) 59,909 81,242 (21,333) Community Outreach & Engagement 118,746 9,537 9,811 (274) 47,334 50,023 (2,688) Municipal Court 422,656 38,725 33,382 5,343 164,988 169,499 (4,511) Police 4,731,094 313,955 408,185 (94,230) 1,887,500 2,046,243 (158,743) Fire 6,941,347 453,678 496,209 (42,531) 2,904,523 3,079,734 (175,211) Public Works 2,405,438 191,568 185,368 6,200 895,072 985,742 (90,669) Parks & Recreation 1,127,527 59,357 50,360 8,998 224,024 272,188 (48,165) Community Development 1,127,903 74,863 82,306 (7,443) 382,077 419,831 (37,753) Economic Development 272,011 9,661 17,157 (7,496) 108,049 138,648 (30,599) Debt Service - Capital Lease Payment 851,712 - - - 734,112 734,112 - Operating Transfers to Other Funds 1,240,374 137,335 137,335 - 279,032 279,032 - Operating Reserve 94,119 - - - - - - Total expenditures 23,183,902 1,505,059 1,706,665 (201,607)9,246,414 9,923,830 (677,416) Net Income/(Loss)3,607,968 56,762 6,611,273 Fund Balance - Beginning 3,340,647 3,340,647 Fund Balance - Ending 6,948,615 9,951,920 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee -$ -$ -$ -$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 1 2 2 Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 1,000 - - (1,000) Summer Event Sponsor 5,000 - - (5,000) Mayor's Run Sponsor 1,000 - - (1,000) Literary Festival Sponsor 500 - - (500) Donations - - - - Gas South Partnership - 136 1,133 1,133 Mayor's Run Reg. Fees - - - - Holiday Card Sales 2,000 - - (2,000) Literary Festival Food Sales - - 380 380 Literary Festival Book & Author Event - - 260 260 Total revenues 24,500$ 137$ 1,775$ (22,725)$ EXPENDITURES Current: Special Events 109,588$ 1,214$ 41,055$ 68,533$ Total Expenditures 109,588$ 1,214$ 41,055$ 68,533$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 17,450$ 1,454$ 7,271$ (10,179)$ Transfers in from Hotel/Motel Tax Fund 73,000 6,210$ 24,592 (48,408) Total other financing sources and uses 90,450$ 7,664$ 31,863$ (58,587)$ Net change in fund balances 5,362$ (7,417)$ Fund balances - beginning 28,708 28,708 Fund balances - ending 34,070$ 21,291$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 3 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Interest Revenue -$ -$ -$ -$ -$ Total revenues -$ -$ -$ -$ -$ EXPENDITURES Current: Economic Development -$ -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ -$ Transfers in from General Fund 50,000 - - - - Net change in fund balances (50,000)$ -$ -$ Fund balances - beginning - - - Fund balances - ending (50,000)$ -$ -$ City of Milton Economic Development Incentives Bank Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 4 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - 2,451 8,673 8,673 Cash Confiscations/Federal Funds - - - - Interest Revenues/State Funds - 2 9 9 Interest Revenues/Federal Funds - 2 13 13 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 2,455$ 8,694$ 8,694$ EXPENDITURES Current: Police -$ 2,902$ 16,022$ (16,022)$ Total Expenditures -$ 2,902$ 16,022$ (16,022)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (7,328)$ Fund balances - beginning 135,981 135,981 Fund balances - ending 135,981$ 128,653$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 5 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 930,000$ 34,234$ 260,028$ (669,972)$ Interest Revenue - - - - Total revenues 930,000$ 34,234$ 260,028$ (669,972)$ EXPENDITURES Current: Public Safety 930,000$ -$ 69,219$ 860,781$ Total Expenditures 930,000$ -$ 69,219$ 860,781$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 190,809$ Fund balances - beginning 0 0 Fund balances - ending 0$ 190,809$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 6 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Firehouse Subs Grant - 19,152 19,152 19,152 19,152 Interest Revenues - 1 1 1 1 Total revenues -$ 19,153$ 19,153$ 19,153$ 19,153$ EXPENDITURES Current: Police - - - - - Fire - - - 19,152 19,152 Parks & Recreation - - - - - Total Expenditures -$ -$ -$ 19,152$ 19,152$ Excess of revenues over expenditures - 19,153 19,153 1 1 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances - 19,153 1 Fund balances - beginning - - - Fund balances - ending -$ 19,153$ 1$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 7 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 73,000$ 6,210$ 24,592$ (48,408)$ Total revenues 73,000$ 6,210$ 24,592$ (48,408)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 73,000 6,210 24,592 (48,408) Total other financing sources and uses 73,000$ 6,210$ 24,592$ (48,408)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 8 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 105,000$ 105,000$ 7,325$ 21,695$ 21,695$ (83,305)$ Infrastructure Maint Penalty & Interest - - - - - - Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - - - - - Tree Recompense - - - - - - Landfill Host Fees 130,000 130,000 - 28,498 28,498 (101,502) HYA Fees - - - - - Interest Revenue - - 65 232 232 232 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 77,400 77,400 6,617 28,105 28,105 (49,295) Insurance Proceeds/Public Safety - - - - - - Insurance Proceeds/Parks & Rec - - - - - - Insurance Proceeds/Public Works - - - - - - Atlanta HIDTA Stipend - - - - - - Capital Lease Proceeds - - - - - - Total revenues 312,400$ 312,400 14,008$ 78,529$ 78,529$ (233,871)$ EXPENDITURES Capital Outlay City Council 841,348$ 913,348$ -$ 18,314$ 27,985$ 885,363$ General Admin 27,762 13,762 - - - 13,762 General Govt Bldg 2,351,074 756,738 313 2,848 12,374 744,364 Finance - - - - - - IT 49,662 49,662 - - 49,663 (0) Court - - - - - - Police 187,283 37,283 - 28,394 28,394 8,889 Fire 1,324,882 1,041,600 165,000 198,531 805,996 235,604 Public Works 6,912,477 5,845,162 336,483 965,656 1,851,944 3,993,219 Parks & Recreation 3,888,606 3,588,606 22,750 1,187,837 1,199,465 2,389,141 Community Development 782,148 764,148 70,324 76,607 358,237 405,911 Total Capital Outlay 16,365,243$ 13,010,310$ 594,869$ 2,478,186$ 4,334,057$ 8,676,253$ Excess of revenues over expenditures (16,052,843)$ (12,697,910) (580,861)$ (2,399,658)$ (4,255,529)$ (8,910,124)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 9,249,656$ 1,194,174$ 132,686.00$ 265,372.00$ 265,372.00$ (928,802)$ Transfers in from Capital Grant Fund - - - - - - Proceeds of Sale of Assets - - - - - Budgeted Fund Balance - - - - - - Total other financing sources and uses 9,249,656$ 1,194,174 132,686$ 265,372$ 265,372$ (928,802)$ Net change in fund balances (6,803,187)$ (11,503,736) (2,134,286)$ (3,990,157)$ Fund balances - beginning 11,520,372 11,520,372 11,520,372 11,520,372 Fund balances - ending 4,717,185$ 16,636$ 9,386,086$ 7,530,215$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 9 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 731,992$ 8,072$ 707,015$ 707,015$ (24,977)$ Real Property Tax-Prior Year - - - - - Personal Property Tax-Current Year - 46 13,414 13,414 13,414 Penalties & Interest - Real Property - 861 1,486 1,486 1,486 Penalties & Interest - Personal Property - 4 6 6 6 Intergovernmental Revenues - - - - - Interest Revenue (Regions)120,000 24,886 104,444 104,444 (15,556) Interest Revenue (SunTrust)- - - - - Bond Proceeds - - - - - Total revenues 851,992$ 33,868$ 826,365$ 826,365$ (25,627)$ EXPENDITURES Capital Outlay Parks & Recreation 24,816,445$ 7,200$ 4,506,414$ 4,506,414$ 20,310,031$ Bond Principal - - - - - Bond Interest 731,992 - 282,304 282,304 449,688 Total Capital Outlay 25,548,437$ 7,200$ 4,788,717$ 4,788,717$ 20,759,719$ Excess of revenues over expenditures (24,696,445)$ 26,668$ (3,962,352)$ (3,962,352)$ 20,734,093$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (24,696,445)$ (3,962,352)$ (3,962,352)$ Fund balances - beginning 25,067,864 25,067,864 25,067,864 Fund balances - ending 371,419$ 21,105,512$ 21,105,512$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 10 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,185,000$ 516,746$ 2,109,718$ 2,109,718$ (4,075,282) Interest Revenues 139 576 576 576 Total revenues 6,185,000$ 516,885$ 2,110,294$ 2,110,294$ (4,074,706)$ EXPENDITURES Capital Outlay Public Works 6,299,071$ 17,258$ 72,242$ 276,774$ 6,022,297 Total Capital Outlay 6,299,071$ 17,258$ 72,242$ 276,774$ 6,022,297$ Excess of revenues over expenditures (114,071)$ 499,627$ 2,038,053$ 1,833,520$ 8,132,591$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Total other financing sources and uses - - - - - Net change in fund balances (114,071)$ 2,038,053$ 1,833,520$ Fund balances - beginning 2,960,061 2,960,061 2,960,061 Fund balances - ending 2,845,990$ 4,998,114$ 4,793,581$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 11 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ 134,904$ 134,904$ 134,904$ (365,096)$ GDOT TAP (Big Creek Greenway)- - - - - - CDBG - - - - - - LMIG Funds 397,791 397,791 397,791 397,791 397,791 (0) GDOT HPP Funds 3,688,483 3,688,483 - - - (3,688,483) MARTA Grant - - - - - - SR 9 @ Bethany Bend Grant - - - - - - GDOT-Signage/Landscaping 4,062 4,062 - - - (4,062) Trail Connection to Big Creek Greenway - - - - - - Interest Revenues - - 36 94 94 94 Total revenues 4,590,336$ 4,590,336$ 532,731$ 532,789$ 532,789$ (4,057,547)$ EXPENDITURES Capital Outlay Public Works 5,714,911$ 5,414,911$ 130,551$ 968,988$ 1,351,577$ 4,063,334$ Community Development 4,900 4,900 - - - 4,900 Total Capital Outlay 5,719,811$ 5,419,811$ 130,551$ 968,988$ 1,351,577$ 4,068,234$ Excess of revenues over expenditures (1,129,475)$ (829,475) 402,179$ (436,199)$ (818,788)$ 10,687$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 328,750$ 28,750$ 3,194$ 6,389$ 6,389$ (22,361)$ Transfers in to General Fund - - -$ -$ -$ -$ Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 328,750$ 28,750$ 3,194$ 6,389$ 6,389$ (22,361)$ Net change in fund balances (800,725)$ (800,725)$ (429,810)$ (812,399)$ Fund balances - beginning 800,535 800,535 800,535 800,535 Fund balances - ending (190)$ (190)$ 370,725$ (11,864)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2018 12 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 43,500$ 1,130$ 10,741$ (32,759)$ Law Enforcement Fund 23,000 474 5,101 (17,899) Fire Fund 130,500 2,718 29,230 (101,270) Road Fund 323,000 3,392 62,655 (260,345) Park Fund 976,000 31,076 261,034 (714,966) Interest Revenues/Admin Fund - 0 1 1 Interest Revenues/Law Enforcement Fund - 0 1 1 Interest Revenues/Fire Fund - 1 4 4 Interest Revenues/Road Fund - 1 10 10 Interest Revenues/Park Fund - 8 37 37 Total revenues 1,496,000$ 38,800$ 368,814$ (1,127,186)$ EXPENDITURES Admin -$ -$ -$ -$ Police - - - - Fire - - - - Public Works - - - - Parks & Recreation - - 165,514 (165,514) Total Capital Outlay -$ -$ 165,514$ (165,514)$ Excess of revenues over expenditures 1,496,000$ 38,800$ 203,300$ (1,292,700)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (43,500) - - 43,500 Transfer Out to Capital Projects Fund/Law Enf (23,000) - - 23,000 Transfer Out to Capital Projects Fund/Fire (130,500) - - 130,500 Transfer Out to Capital Projects Fund/Road (323,000) - - 323,000 Transfer Out to Capital Projects Fund/Park (976,000) 976,000 Total other financing sources and uses (1,496,000)$ -$ -$ 1,496,000$ Net change in fund balances -$ 203,300$ Fund balances - beginning (0) (0) Fund balances - ending (0)$ 203,300$ 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, 2018 13 of 14 Amount Percent Yield Money Market - Quantum Bank 2,621,081 34%0.65% Money Market - EastWest Bank 4,865,319 62%1.24% GA Fund 1 331,715 4%1.37% Grand Total Investment Portfolio 7,818,115 100% Current Month YTD Interest earned 6,248 37,651 Budgeted interest 5,000 25,000 Variance over/(under)1,248 12,651 Month Ending February 28, 2018 Investment Portfolio City of Milton 14 of 14 TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Stateencs and Investment Report for the Period Ending March 201 MEETING DATE: Monday, April 23, 2018 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 ( K0 CITY ATTORNEY REVIEW REQUIRED: (J YES (-rNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c y 1 t3)W & 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 miltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 13, 2018 for the April 23, 2018 Regular Council Meeting Agenda Item: Financial Statements for Period 6 – March 2018 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.04% over what is anticipated for the sixth period of the fiscal year. Total expenditures to-date are $11,053,511 and are 6.78% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,010,310, capital expenditures-to-date total $2,548,961. Please note that beginning in January 2018 the financial statements for capital related funds will now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 14 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2018 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,900,000 120,321 114,477 5,843 10,751,397 10,537,474 213,923 Motor Vehicle Tax 452,000 35,085 37,350 (2,265) 214,790 186,750 28,040 Intangible Tax 265,000 11,457 22,075 (10,617) 86,739 132,447 (45,708) Real Estate Transfer Tax 84,000 4,520 6,972 (2,452) 34,866 34,860 6 Franchise Fees 1,950,870 128,212 - 128,212 838,740 690,218 148,522 Local Option Sales Tax 8,500,000 649,686 705,500 (55,814) 3,705,528 3,527,500 178,028 Alcohol Beverage Excise Tax 298,000 20,007 24,734 (4,727) 122,795 123,670 (875) Business & Occupation Tax 675,000 387,135 438,750 (51,615) 640,297 641,250 (953) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 38,150 39,443 18,694 20,750 43,387 38,150 5,237 Penalties & Interest 23,900 1,292 1,781 (488) 9,097 10,675 (1,578) Alcohol Beverage Licenses 145,000 - - - 147,341 145,000 2,341 Other Non-Business Permits/Licenses 18,100 3,888 1,233 2,655 14,949 9,148 5,801 Zoning & Land Disturbance Permits 48,350 1,681 4,028 (2,347) 15,283 24,165 (8,882) Building Permits 335,000 32,087 26,800 5,287 178,147 154,100 24,047 Intergovernmental Revenue - - - - - - - Other Charges for Service 444,300 63,631 41,017 22,614 298,868 231,454 67,414 Municipal Court Fines 475,000 - - - 158,120 158,333 (213) Interest Earnings 61,000 8,542 5,081 3,460 46,781 30,488 16,293 Contributions & Donations - 2,000 - 2,000 19,048 - 19,048 Other Revenue 63,200 6,995 5,248 1,747 37,803 31,588 6,214 Other Financing Sources 15,000 16,468 1,250 15,218 26,160 7,500 18,660 Total Revenues 26,791,870 1,532,450 1,454,989 77,460 17,390,136 16,714,769 675,367 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 168,869 12,472 19,276 (6,804) 71,675 86,967 (15,292) City Clerk 353,535 18,609 17,146 1,463 159,607 249,560 (89,953) City Manager 720,886 72,426 76,675 (4,249) 368,209 372,798 (4,588) General Administration 60,374 4,326 4,975 (649) 26,728 29,906 (3,178) Finance 495,534 43,257 44,964 (1,707) 276,938 288,656 (11,718) Legal 275,000 - - - 125,444 114,583 10,860 Information Technology 787,417 19,797 65,684 (45,887) 383,118 412,683 (29,564) Human Resources 333,864 27,065 31,685 (4,619) 137,572 167,432 (29,860) Risk Management 258,600 42 42 - 148,089 148,089 - General Government Buildings 197,970 10,129 16,274 (6,145) 70,537 100,245 (29,708) Communications 198,926 13,124 18,657 (5,532) 73,034 100,074 (27,040) Community Outreach & Engagement 118,746 11,385 9,811 1,574 58,719 59,834 (1,114) Municipal Court 422,656 38,439 42,365 (3,925) 203,427 213,056 (9,629) Police 4,731,094 414,690 396,415 18,275 2,302,190 2,451,118 (148,929) Fire 6,941,347 646,329 651,123 (4,795) 3,550,852 3,731,018 (180,166) Public Works 2,405,438 159,564 195,548 (35,984) 1,054,636 1,185,911 (131,275) Parks & Recreation 1,127,527 47,565 58,931 (11,366) 271,589 331,120 (59,531) Community Development 1,127,903 113,972 110,494 3,478 496,049 476,836 19,214 Economic Development 272,011 14,871 48,217 (33,346) 122,920 186,865 (63,945) Debt Service - Capital Lease Payment 851,712 - - - 734,112 734,112 - Operating Transfers to Other Funds 1,240,374 139,035 137,335 1,700 418,066 416,366 1,700 Operating Reserve 94,119 - - - - - - Total expenditures 23,183,902 1,807,097 1,945,616 (138,520)11,053,511 11,857,229 (803,718) Net Income/(Loss)3,607,968 (274,647)6,336,626 Fund Balance - Beginning 3,340,647 3,340,647 Fund Balance - Ending 6,948,615 9,677,273 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee -$ -$ -$ -$ Rock for Rescues Vendor Fee - 150 150 150 Interest Revenues - 1 3 3 Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 1,000 - - (1,000) Summer Event Sponsor 5,000 - - (5,000) Mayor's Run Sponsor 1,000 - - (1,000) Literary Festival Sponsor 500 - - (500) Donations - - - - Gas South Partnership - 80 1,213 1,213 Mayor's Run Reg. Fees - - - - Holiday Card Sales 2,000 - - (2,000) Literary Festival Food Sales - - 380 380 Literary Festival Book & Author Event - - 260 260 Total revenues 24,500$ 231$ 2,006$ (22,494)$ EXPENDITURES Current: Special Events 109,588$ 2,500$ 43,555$ 66,033$ Total Expenditures 109,588$ 2,500$ 43,555$ 66,033$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 17,450$ 1,454$ 8,725$ (8,725)$ Transfers in from Hotel/Motel Tax Fund 73,000 5,834$ 30,427 (42,574) Total other financing sources and uses 90,450$ 7,288$ 39,152$ (51,299)$ Net change in fund balances 5,362$ (2,398)$ Fund balances - beginning 28,708 28,708 Fund balances - ending 34,070$ 26,310$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 3 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Interest Revenue -$ -$ -$ -$ -$ Total revenues -$ -$ -$ -$ -$ EXPENDITURES Current: Economic Development -$ -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ -$ Transfers in from General Fund 50,000 - - - - Net change in fund balances (50,000)$ -$ -$ Fund balances - beginning - - - Fund balances - ending (50,000)$ -$ -$ City of Milton Economic Development Incentives Bank Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 4 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - 1,224 9,897 9,897 Cash Confiscations/Federal Funds - - - - Interest Revenues/State Funds - 2 11 11 Interest Revenues/Federal Funds - 3 16 16 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 1,229$ 9,923$ 9,923$ EXPENDITURES Current: Police -$ 847$ 16,869$ (16,869)$ Total Expenditures -$ 847$ 16,869$ (16,869)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 1,700$ 1,700$ 1,700$ Total other financing sources and uses -$ 1,700$ 1,700$ 1,700$ Net change in fund balances -$ (5,246)$ Fund balances - beginning 135,981 135,981 Fund balances - ending 135,981$ 130,735$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 5 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 930,000$ 35,872$ 295,900$ (634,100)$ Interest Revenue - - - - Total revenues 930,000$ 35,872$ 295,900$ (634,100)$ EXPENDITURES Current: Public Safety 930,000$ 226,681$ 295,900$ 634,100$ Total Expenditures 930,000$ 226,681$ 295,900$ 634,100$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ -$ Fund balances - beginning 0 0 Fund balances - ending 0$ 0$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 6 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Firehouse Subs Grant - - 19,152 19,152 19,152 Interest Revenues - 1 1 1 1 Total revenues -$ 1$ 19,153$ 19,153$ 19,153$ EXPENDITURES Current: Police - - - - - Fire - 19,152 19,152 19,152 19,152 Parks & Recreation - - - - - Total Expenditures -$ 19,152$ 19,152$ 19,152$ 19,152$ Excess of revenues over expenditures - (19,151) 1 1 1 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances - 1 1 Fund balances - beginning - - - Fund balances - ending -$ 1$ 1$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 7 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 73,000$ 5,834$ 30,427$ (42,574)$ Total revenues 73,000$ 5,834$ 30,427$ (42,574)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 73,000 5,834 30,427 (42,574) Total other financing sources and uses 73,000$ 5,834$ 30,427$ (42,574)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 8 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 105,000$ 105,000$ 7,538$ 29,233$ 29,233$ (75,767)$ Infrastructure Maint Penalty & Interest - - - - - - Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - 1,500 1,500 1,500 1,500 Tree Recompense - - 500 500 500 500 Landfill Host Fees 130,000 130,000 - 28,498 28,498 (101,502) HYA Fees - - - - - Interest Revenue - - 92 324 324 324 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 77,400 77,400 11,516 39,620 39,620 (37,780) Insurance Proceeds/Public Safety - - - - - - Insurance Proceeds/Parks & Rec - - - - - - Insurance Proceeds/Public Works - - - - - - Atlanta HIDTA Stipend - - - - - - Capital Lease Proceeds - - - - - - Total revenues 312,400$ 312,400 21,146$ 99,675$ 99,675$ (212,725)$ EXPENDITURES Capital Outlay City Council 841,348$ 913,348$ 9,366$ 27,680$ 27,985$ 885,363$ General Admin 27,762 13,762 - - - 13,762 General Govt Bldg 2,351,074 756,738 350 3,198 12,724 744,014 Finance - - - - - - IT 49,662 49,662 - - 49,663 (0) Court - - - - - - Police 187,283 37,283 - 28,394 28,394 8,889 Fire 1,324,882 1,041,600 - 198,531 805,996 235,604 Public Works 6,912,477 5,845,162 51,346 1,017,002 1,849,737 3,995,425 Parks & Recreation 3,888,606 3,588,606 9,713 1,197,550 1,199,465 2,389,141 Community Development 782,148 764,148 - 76,607 358,237 405,911 Total Capital Outlay 16,365,243$ 13,010,310$ 70,775$ 2,548,961$ 4,332,201$ 8,678,109$ Excess of revenues over expenditures (16,052,843)$ (12,697,910) (49,629)$ (2,449,286)$ (4,232,526)$ (8,890,835)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 9,249,656$ 1,194,174$ 132,686.00$ 398,058.00$ 398,058.00$ (796,116)$ Transfers in from Capital Grant Fund - - - - - - Proceeds of Sale of Assets - - - - - Budgeted Fund Balance - - - - - - Total other financing sources and uses 9,249,656$ 1,194,174 132,686$ 398,058$ 398,058$ (796,116)$ Net change in fund balances (6,803,187)$ (11,503,736) (2,051,228)$ (3,834,468)$ Fund balances - beginning 11,520,372 11,520,372 11,520,372 11,520,372 Fund balances - ending 4,717,185$ 16,636$ 9,469,144$ 7,685,904$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 9 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 731,992$ 7,480$ 714,495$ 714,495$ (17,497)$ Personal Property Tax-Current Year - 51 13,465 13,465 13,465 Public Utility Tax-Current Year - 216 216 216 216 Penalties & Interest - Real Property - 1,748 3,234 3,234 3,234 Penalties & Interest - Personal Property - 4 9 9 9 Intergovernmental Revenues - - - - - Interest Revenue (Regions)120,000 24,287 128,731 128,731 8,731 Interest Revenue (SunTrust)- - - - - Bond Proceeds - - - - - Total revenues 851,992$ 33,785$ 860,150$ 860,150$ 8,158$ EXPENDITURES Capital Outlay Parks & Recreation 24,816,445$ -$ 4,506,414$ 4,506,414$ 20,310,031$ Bond Principal - - - - - Bond Interest 731,992 449,688 731,991 731,991 1 Total Capital Outlay 25,548,437$ 449,688$ 5,238,405$ 5,238,405$ 20,310,032$ Excess of revenues over expenditures (24,696,445)$ (415,902)$ (4,378,255)$ (4,378,255)$ 20,318,190$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (24,696,445)$ (4,378,255)$ (4,378,255)$ Fund balances - beginning 25,067,864 25,067,864 25,067,864 Fund balances - ending 371,419$ 20,689,609$ 20,689,609$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 10 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,185,000$ 436,472$ 2,546,191$ 2,546,191$ (3,638,809) Interest Revenues 172 748 748 748 Total revenues 6,185,000$ 436,644$ 2,546,938$ 2,546,938$ (3,638,062)$ EXPENDITURES Capital Outlay Public Works 6,299,071$ 40,987$ 113,229$ 286,774$ 6,012,297 Total Capital Outlay 6,299,071$ 40,987$ 113,229$ 286,774$ 6,012,297$ Excess of revenues over expenditures (114,071)$ 395,657$ 2,433,710$ 2,260,164$ 8,559,235$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Total other financing sources and uses - - - - - Net change in fund balances (114,071)$ 2,433,710$ 2,260,164$ Fund balances - beginning 2,960,061 2,960,061 2,960,061 Fund balances - ending 2,845,990$ 5,393,771$ 5,220,225$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 11 of 14 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ 134,904$ 134,904$ (365,096)$ GDOT TAP (Big Creek Greenway)- - - - - - CDBG - - - - - - LMIG Funds 397,791 397,791 - 397,791 397,791 (0) GDOT HPP Funds 3,688,483 3,688,483 - - - (3,688,483) MARTA Grant - - - - - - SR 9 @ Bethany Bend Grant - - - - - - GDOT-Signage/Landscaping 4,062 4,062 - - - (4,062) Trail Connection to Big Creek Greenway - - - - - - Interest Revenues - - 9 103 103 103 Total revenues 4,590,336$ 4,590,336$ 9$ 532,798$ 532,798$ (4,057,538)$ EXPENDITURES Capital Outlay Public Works 5,714,911$ 5,414,911$ 118,875$ 1,087,863$ 1,351,577$ 4,063,334$ Community Development 4,900 4,900 - - - 4,900 Total Capital Outlay 5,719,811$ 5,419,811$ 118,875$ 1,087,863$ 1,351,577$ 4,068,234$ Excess of revenues over expenditures (1,129,475)$ (829,475) (118,866)$ (555,065)$ (818,779)$ 10,696$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 328,750$ 28,750$ 3,194$ 9,583$ 9,583$ (19,167)$ Transfers in to General Fund - - -$ -$ -$ -$ Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 328,750$ 28,750$ 3,194$ 9,583$ 9,583$ (19,167)$ Net change in fund balances (800,725)$ (800,725)$ (545,482)$ (809,196)$ Fund balances - beginning 800,535 800,535 800,535 800,535 Fund balances - ending (190)$ (190)$ 255,054$ (8,661)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 12 of 14 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 43,500$ 2,034$ 12,774$ (30,726)$ Law Enforcement Fund 23,000 854 5,955 (17,045) Fire Fund 130,500 4,892 34,122 (96,378) Road Fund 323,000 6,105 68,760 (254,240) Park Fund 976,000 55,936 316,970 (659,030) Interest Revenues/Admin Fund - 0 1 1 Interest Revenues/Law Enforcement Fund - 0 1 1 Interest Revenues/Fire Fund - 1 5 5 Interest Revenues/Road Fund - 1 11 11 Interest Revenues/Park Fund - 8 44 44 Total revenues 1,496,000$ 69,830$ 438,644$ (1,057,356)$ EXPENDITURES Admin -$ -$ -$ -$ Police - - - - Fire - - - - Public Works - - - - Parks & Recreation - - 165,514 (165,514) Total Capital Outlay -$ -$ 165,514$ (165,514)$ Excess of revenues over expenditures 1,496,000$ 69,830$ 273,130$ (1,222,870)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (43,500) - - 43,500 Transfer Out to Capital Projects Fund/Law Enf (23,000) - - 23,000 Transfer Out to Capital Projects Fund/Fire (130,500) - - 130,500 Transfer Out to Capital Projects Fund/Road (323,000) - - 323,000 Transfer Out to Capital Projects Fund/Park (976,000) 976,000 Total other financing sources and uses (1,496,000)$ -$ -$ 1,496,000$ Net change in fund balances -$ 273,130$ Fund balances - beginning (0) (0) Fund balances - ending (0)$ 273,130$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2018 13 of 14 Amount Percent Yield Money Market - Quantum Bank 7,130,226 58%0.65% Money Market - EastWest Bank 4,870,485 39%1.26% GA Fund 1 332,140 3%1.51% Grand Total Investment Portfolio 12,332,850 100% Current Month YTD Interest earned 8,231 45,972 Budgeted interest 5,000 30,000 Variance over/(under)3,231 15,972 Month Ending March 31, 2018 Investment Portfolio City of Milton 14 of 14 I CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between the City of Milton and Milton Mustangs Swim Team. MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�'YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: Q, -APPROVED () NOT APPROVED PLACED ON AGENDA FOR: c? q) I -S) ZO 1% 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 I www.cityofmiltonga.us IN To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 16, 2018 for the April 23, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Milton Mustangs Swim Team. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between The City of Milton and Milton Mustangs Swim Team. Executive Summary: Milton Mustangs Swim Team is a new provider to the City and will run a swim team at the Milton Country Club. Funding and Fiscal Impact: The pricing is set at $140 per participant. This contract offers a 15% commission on registration to the City. The commission will be $21.00 per participant. Alternatives: If this contract is not approved, we will not be able to operate a swim team this year. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, March 22, 2018 Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and Milton Mustangs Swim Team. ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AND AGREEMENT 2 TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4 Requirements of Associations 13 City and Park Ordinances 23 Park/Facility Regulations 26 Recreation and Parks Personnel/Contact Information 28 City of Milton Accident/Incident Report Form 29 Agreement Consenting to Terms in Manual 30 DEFINITIONS ASSOCIATION: A volunteer-run organization permitted by the City of Milton to implement a formal recreation program on City property. CITY: The City of Milton unless otherwise specified. DEPARTMENT: The City of Milton Parks and Recreation Department. MOU: Memorandum of Understanding. OCGA: Official Code of Georgia Annotated. PRAB: Parks and Recreation Advisory Board of the City of Milton. 3 CITY OF MILTON PARKS & RECREATION DEPARTMENT MISSION AND VISION Mission The Milton Parks & Rec Department is committed to providing quality parks and facilities along with traditional and innovative recreational programs for its residents. We strive to promote healthy lifestyles to support the best quality of life in Milton. Vision The Milton Parks and Recreation Department will develop and maintain premier parks for active, passive and mixed use. We will develop trails that will link key locations within the City of Milton and with other cities. We will offer high quality programs for people of all ages and abilities. The primary focus will be on recreation level activities with limited opportunities for advanced levels of play. Core Values Respect, Excellence, Integrity, Responsiveness, Collabora tion, Knowledge, Bold Leadership, Recreation, Inclusiveness, Health 4 LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a recognized Association and to operate on City of Milton property, an organization must adhere to certain minimum legal and organizational requirements as set forth in this Athletic Association Organizational Manual . Each Association must indicate its intent and ability to comply with these requirements by signing the agreement found at the end of this Manual (the “AAO Manual Agreement”) prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well -being of all participants. The City retains the right to change the requirements of this manual at any time, without advance notice, as it deems appropriate , and any such changes will be binding on any signatory to the AAO Manual Agreement. The City will endeavor to communicate any changes made to this manual to the Association within five (5) business days after the change has been made and approved. The signing of the AAO Manual Agreement indicates the Association’s assumption of the financial responsibility for its program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the AAO Manual Agreement. The requirements are as follows: 1 CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parks and Recreation Department (“Department”). The Milton Mustangs Swim Team is recognized in 2018 as a club (an unincorporated association) and is exempt from the requirements of Corporate registration. 2 BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed AAO Manual Agreement. The Milton Mustangs Swim Team is recognized in 2018 as a club (an unincorporated association) and is exempt from the requirements of creating and providing Bylaws 3 MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding (“MOU”) for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a 5 long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities’ respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. The City of Milton will make an annual payment to the City of Alpharetta, and Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. In exchange, Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. Milton/Alpharetta residents participating in recreation programs of either city shall be considered residents of the city sponsoring the program for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated Association Board member resident composition requirements. The privileges of advanced registration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. For these guidelines, the word “Resident” (when capitalized) shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4 ELECTION OF OFFICERS Each Association shall have a Board of Directors (“Board”), which shall be the governing body of the Association for the operation of the affairs of the Association as documented in the bylaws. Each Association Board must be comprised of a majority of Residents upon election or appointment. The Board of Directors must be elected annually or as mandated by the Association’s by-laws, but no less than once every two years, by the Association membership. Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department, and shall be posted on the Association website at least two weeks prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best 6 opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. Each Association Board will have a City employee liaison and a PRAB liaison. Liaisons must be invited to Association meetings, but will not be voting members of the Board. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. To serve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected Board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. The City will verify residency and notify the PRAB liaison of the City resident percentage of newly elected Board. The Milton Mustangs Swim Team is recognized in 2018 as a club (an unincorporated association) and is exempt from the election of board members requirement. They must submit a roster of the names, addresses, emails and phone numbers involved with the running of the club. 5 ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Associations must provide copies of meeting minutes from Association membership and Board meetings to Association members and the City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing Board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. The Milton Mustangs Swim Team is recognized in 2018 as a club (an unincorporated association) and is exempt from the annual association meeting requirement. 6 FINANCIAL REPORTS The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the Association at any reasonable time. The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each 7 Association must provide the City with an annual Financial Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. Submission of these books to the City will be required on July 31. The Milton Mustangs Swim Team must provide the City a financial report at the conclusion of the season showing the revenues and expenditures. This report is due by July 31, 2018. 7 LIABILITY INSURANCE COVERAGE 7.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. Insurance may be procured through a parent swim association. 7.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City prior to the commencement of the AAO Manual Agreement. Policies shall be issued by companies authorized to do business under the laws of the Sta te of Georgia. Financial Ratings must be not less than “A-VI” in the latest edition of “Best Key Rating Guide”, published by A.M. Best Guide. 7.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of the AAO Manual Agreement, then in that event, the Association shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The Association shall not provide any service pursuant to the AAO Manual Agreement unless all required insurance remains in full force and effect. 7.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit – each occurrence $2,000,000 Combined Single Limit – general aggregate $1,000,000 Personal Injury 8 Association shall request that the insurer name the City of Milton as an additional insured on the General Liability policy. 7.5 If the Association has any employees and is required by Georgia law to maintain such insurance, Worker’s Compensation insurance shall be maintained during the life of the AAO Manual Agreement to comply with the statutory limits for all employees. Similarly, if the Association has any employees, it shall maintain during the life of the AAO Manual Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer’s Liability $100,000 each accident $500,000 Disease-policy limit $100,000 Disease-each employee If the Association or its subcontractor claims to be exempt from this requirement, it shall provide the City proof of such exemption along with a written request for exemption, written on Association or subcontractor’s letterhead. 8 PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in a Microsoft Excel format and shall include each player’s name, street address, city, zip code, email address, age/program and resident registration rate. The Department will use the list to verify the resident status of registered players. The City will use the email address list to distribute an end of season Participant Satisfaction survey. City shall not use the list to promote Department programs without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: I t is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 9 9 REGISTRATION Associations are required to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at www.cityofmiltonga.us Associations must notify City of any web address changes. RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three-tiered registration process. Associations must adhere to this registration process as outlined in this document as long as the MOU is in effect. “Priority Registration” is the first registration period. “Priority Registration” is defined as registration for all City of Milton residents as well as City of Alpharetta residents who are eligible as “returning” participants to re- enroll into the program they participated in during the most recent season of activities provided space is available. The second registration period , “City of Alpharetta Registration,” begins two weeks after Priority Registration begins. During “City of Alpharetta Registration,” all City of Milton and City of Alpharetta residents are eligible to register for programs provided space is available. The third registration period, “Open Registration,” begins four weeks after Priority Registration begins. During “Open Registration,” anyone is eligible to register for programs provided space is available. 10 CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association’s competitive youth athletic program. Due to the varying nature of advanced level teams in different sports, the guidelines for an advanced level team for each sport will be addressed in the Facility Use Agreement which will be unique for each program. 11 FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre-season player and coach clinics, l eague practices, scrimmages, games, and post-season tournaments. All field use 10 shall be coordinated with the Department thirty (30) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the Association’s own program along with participants in the Association’s own program is allowed, but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least thirty (30) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association’s Facility Use Agreement will authorize the Association’s own use only. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual Facility Use Agreement. The City will provide two one storage buildings for use by the Associations. The City will designate which Associations get assigned to each building. Sharing storage space with another Association is expected. These storage buildings are is not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 12 CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are welcomed. 13 CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: Addition/elimination of any age or skill level 11 Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) Association by-laws Board structure and composition Schedule of fees for participants Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council 12 14 SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the Ci ty in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in- kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco-related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to the individual Association’s Facility Use Agreement when those details are worked out. Sponsor and team banners are allowed to be displayed at the park on the day of an event only. They must be mounted in a way that does not damage the city property and they must be removed at the end of the day. Banners must not contain any language or images that would be considered offensive or inappropriate around children. 13 REQUIREMENTS OF ASSOCIATIONS 1 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT Any Association seeking to operate on City property or City leased facilities must start by signing the AAO Manual Agreement found at the end of this manual . 2 FACILITY USE AGREEMENT Any Association operating on City property or City leased facilities must also sign the City’s Facility Use Agreement prior to the start of the activity. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. With respect to renewal for the next year, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 3 BACKGROUND CHECK - VOLUNTEERS All Association leaders and any individual who wants to coach in a youth program shall go through a criminal history background check once per calendar year. All background checks must be performed in accordance with the established City policy. A copy of the background check report from the agency being used must be submitted to the City prior to the start of the regular season games. 4 BACKGROUND CHECK – OFFICIALS AND UMPIRES Each Association that has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 5 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the definition of "child service organization personnel" to include volunteers. 14 The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether publ ic, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children.” In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. Training is available here: https://www.prosolutionstraining.com/store/product/?tProductVersion_id= 1093 6 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324.1 requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the “Heads Up – Concussion in Youth Sports” program offered by the CDC. The following is a link to the program: https://www.cdc.gov/headsup/youthsports/training/index.html It is the policy of the Department to educate coaches, referees, employees and instructors of at-risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports - and activity-induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at-risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The 15 training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 7 COACH CERTIFICATION AND TRAINING Coach certification and training requirements vary by the sport and will be addressed under the Facility Use Agreement. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants, complete the following basic training programs and background check requirements before being permitted to coach a team. Association must provide documentation of such training to the City upon request. Background Check Concussion Awareness Training Mandatory Child Abuse Reporting Requirement Weather Policies and Procedures Heat and Hydration Guidelines Cold Weather Policy 8 SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 9 FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated number of practices and games per season. Registration fees shall be derived from predicted costs to operate the program, to fund Association operations, to fund City commissions (in the percentage specified in the applicable Facility Use Agreement) and to fund park capital improvements (current and future) that mutually benefit the City and Association. 16 Registration fees shall include the total cost of operating the Association’s program to include but not limited to; player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. Any organization which chooses to not charge a registration fee for participation in any program will still be responsible for paying a commission to the City based upon the City-assessed value of the registration. Non-Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee, but not to exceed $90. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association’s participation list with addresses, the Department will verify player residency and submit an invoice to the Association. The City’s commission on the registration fee and the City’s non-resident fee will be paid directly to the City of Milton based on the Department’s verification of player residency. The Association is responsible for remitting non- resident fees for all non-City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. For all scholarships, the Association need not pay the City’s commission on the registration fee. However, scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will not relieve 17 the Association from paying the City non-resident fees for such participants. The Association is responsible for identifying participants who have received a scholarship from the Association. The City will periodically make available no-cost or reduced-cost programs for low and moderate income families through Community Development Block Grants. When this funding is available, the Association will promote the opportunity to apply for these services on the registration page of the Association. Admission Fees Associations are not allowed to require an admission fee or a parking fee to any Association event. For special tournaments and events, a team registration fee may be collected. The Association must obtain written approval from the Director of Parks and Registration prior to the event where a team registration fee will be collected. 10 PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department 2 weeks prior to the beginning of use of any City facility. The schedule must be in a Microsoft Excel format. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams’ schedules, etc. These schedules should be submitted 2 two weeks prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. 11 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 12 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran’s status, and disability. 18 Associations must comply with the Americans with Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. 13 MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games meets. This includes game day facility and pool preparation. , grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields pool once per week day, three times on a Saturday and once on a Sunday. The multi- use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 WEATHER POLICIES The Department will determine if fields are playable the pool is usable. Associations will be notified as early as possible if the fields are pool is not playable usable. Associations are is prohibited from field pool use if the field pool has been deemed “unplayable unusable.” In the event of inclement weather outside the City’s normal business hours, the Association is responsible for determining field playability pool usage. Associations are is expected to exercise good judgment in determining if a field the pool is playable usable, keeping the safety of the players participants foremost. The City shall maintain a weather hotline at 678- 242-2533 to help communicate the status of the fields pool. The City also will update field pool conditions on the City website here: 19 https://www.cityofmiltonga.us/parks-recreation/athletics/ Bell Memorial Park For the safety of all, the City of Milton uses a lightning detection system located on the roof of the maintenance building (beyond center field of field 5) to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts, the bleachers and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. If the lightning detection system fail to operate, refer to the rules below for the Fulton County School fields. Fulton County School Fields Upon visual or audible evidence of lightning or thunder, all participants are required to clear the field and seek shelter in a building or vehicle. Play will not be permitted until there is no visual or audible indication of thunder or lightning for a continuous 30 minutes. Every indication of thunder or lightning restarts the clock. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. 20 15 RESTROOMS Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. 16 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all scoreboards, returning all scoreboard controllers equipment to the storage room and ensuring all necessary gates are closed and secured. 17 INCIDENTS INVOLVING VANDALISM Vandalism must be reported to the Police Department immediately by calling 911. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association’s negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 18 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 19 SCOREBOARDS AND CONTROLLERS Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; c. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged scoreboard controllers due to negligence; 21 e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. 20 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the Association to purchase replacement sod and incur any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. 21 METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 22 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park facilities that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 23 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote . The Department will review information and notify Association within five (5) business days if any changes need to be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. The Department must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 22 The Department will provide links to Association websites on the City’s website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e-newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City’s promotional activity will point to. 24 PUBLIC USE OF FIELDS POOL The Facility Use Agreement that will be separately issued by the City applies only to organized league play activities for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serv e basis, or may be rented by the Department to outside groups in accordance with the established City policies. 25 PARTICIPANT EVALUATIONS City reserves the right to conduct independent participant surveys. In doing so, the City will use the email addresses provided by the Association to survey the participants for feedback on the quality and satisfaction with the facilities, the program and other information. The City will not release an Association’s email database to any party and will share the survey results with the Association Board of Directors . 23 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. A collection of applicable ordinances is shown below, subject to the caveat that ordinances are amended from time to time and these ordinances may not be fully current. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini-bike or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or 24 loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (l) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. 25 (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014); Ord. No. 15-03-237 , § 1, 3-16-2015) 26 PARK/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an Association must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of the right to use City facilities. All Associations must enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event on-site or at an away facility. 3. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of “Leave It Cleaner Than When You Arrived” with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City’s Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, hover boards etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner’s responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all active parks within the City. 27 11. Music may be played in the park at a volume that does not interfere with other activities. Any organization that receives a reasonable request to lower the volume must do so or risk cancellation of scheduled activities. All music played at the park must be in compliance with the current noise ordinances of the City. Music played must not contain inappropriate language (e.g., containing sexually explicit, degrading or violent words or the mes) and must be family friendly. DJs are not permitted without a special use permit. 12. Synthetic multi-sport field rules & restrictions: a) No pets of any kind b) No food or beverages, including gum, seeds, nuts, sports drinks or soft drinks c) ONLY PLAIN WATER IS ALLOWED d) No glass containers e) No smoking or tobacco products of any kind f) No playing golf g) No tent stakes, spikes, etc. may be driven into the turf h) No metal or detachable cleats – only sneakers or molded plastic cleats i) No painting, chalking or marking field j) No vehicles, bikes, scooters, skateboards, roller- or inline skates, strollers or hover boards k) No grills, fireworks or fires of any kind l) Do not pick or pull grass fibers or infill material m) Goals may be moved but they are to be LIFTED and moved as needed, NOT DRAGGED n) Do not throw, kick, hit or whip a ball into surrounding fences 13. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department – 678-242-2489 or jim.cregge@cityofmiltonga.us 28 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 jim.cregge@cityofmiltonga.us Program Manager Tom McKlveen, CYSA 678-242-2519 tom.mcklveen@cityofmiltonga.us 29 City of Milton Accident / Incident Report Form Date of accident/incident _________________________ Time of accident/incident _______________ Facility where accident/incident occurred ____________________________________________________ Specific location of accident/incident within the facility________________________________________ Number of persons involved _________ Police notified __Y __N EMS notified __Y __N Information on persons involved in the accident/incident: NAME (please print) PHONE Under the age of 18 Day: Evening: Day: Evening: Day: Evening: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options __________________________________________________ Did the injured party waive treatment __Y __ N Photos of accident/incident site taken __Y __ N Person completing form ______________________ _________________________ ________________ Print name Signature Date Person completing form ___________________________ ____________________________ Day phone Evening phone Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or jim.cregge@cityofmiltonga.us 30 ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT This agreement, made this ______day of _____________, ______, by the City of Milton (“City”) and __________Milton Mustangs Swim Club, LLC_ a Georgia non-profit corporation (“Association”). Witnesseth: In consideration of the mutual promise set forth herein, the City and Association agree as follows: 1. The Association shall fully comply with all requirements set forth in the City of Milton Athletic Association Organizational Manual (the “Manual”) as it currently exists and as it may be revised and updated from time to time by the City. The Association acknowledges that it has been provided a copy of the Manual prior to its execution of this agreement. 2. During the term of this agreement, the Association will be recognized by the City as an entity authorized to provide recreational and advanced level programs on City-owned or leased property. The specific conditions applicable to use of City property will be set forth in a separate Facility Use Agreement, which must be signed by the Association once a year before engaging in any activity on City property. 3. The City shall endeavor to timely update the Association, through the Association’s listed contact information, of any changes to the Manual. The City will not penalize the Association for failure to comply with revised provisions of the Manual unless and until the Association has been provided notice of such revisions and given reasonable time to come into compliance. 4. The term of this agreement will begin JANUARY 1, 2018 and continue through DECEMBER 31, 2018. A new agreement must be signed for each calendar year. Either party may terminate this agreement for any reason by providing 30-days’ notice to the other party. 5. The City may inspect Association activities, and shall be given access to Association documents, to confirm that the Association is fully complying with the requirements of the Manual . 6. The Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, 31 liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement, or the willful or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Manual. 7. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent association. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that i t had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 8. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 32 9. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME:______Mitlon Mustangs Swim Club LLC ADDRESS:____15285 Highgrove Road___________ CITY/STATE/ZIP:__Milton, GA 30004_____________ PHONE:______404-513-9551_______________________________ WEBSITE:__https://miltonmustangs.swimtopia.com/________ EMAIL:____________Milton.mustangsclub@gmail.com_______________ CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us jim.cregge@cityofmiltonga.us 10. This agreement may be executed in counterparts, each of which shall constitute an original. 11. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 33 12. This agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This agreement shall be construed under and governed by the laws of the State of Georgia. This agreement is the complete understanding of the parties in respect of the subject matter of this agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this agreement shall not constitute a waiver of that or any other provision of the agreement. The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. In the event of any conflict among the terms and conditions contained in this agreement and the Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. [SIGNATURES ON FOLLOWING PAGE] 34 ASSOCIATION: CITY: By:___________________________ By:__________________________ President Joe Lockwood Mayor, City of Milton Name:___Beth Wilson, Member_____ (Typed or Printed) Milton Mustangs Swim Club, LLC Date:___ _April 9, 2018_______ Attest:_______________________ Name: ______________________ Date:________________________ AND By:________________________ Vice President Name:_________________________ [CITY SEAL] (Typed or Printed) Date:__________________________ Approved as to form: ______________________________ City Attorney ATHLETIC ASSOCIATION FACILITY USE AGREEMENT This agreement is made this ___________day of ______________, 20______, by the City of Milton (“City”) and Milton Mustangs Swim Team an unincorporated association (“Organization”) by and through its President. Witnesseth: In consideration of the mutual agreements contained in this document, the City and Organization agree as follows: 1. The Association agrees to provide a youth sports program (organized league play), to wit Swim Team as a service for the City in accordance with applicable policies and procedures for youth sports organization operating on City property or City leased facilities. 2. The term of this agreement will begin JANUARY 1, 2018 and continue through DECEMBER 31, 2018. A new agreement must be signed for each calendar year. 3. The City hereby authorizes the Organization to use fields and facilities as listed below: Swimming Pool located at 1785 Dinsmore Road, Milton, GA The authorization provided by this agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, basketball goals, lacrosse goals, pool equipment, etc.) for approved league play unless otherwise specified. The Organization is authorized to use the facilities at the following dates and times: WEEKDAYS: FROM_____8_AM/PM TO __11____AM/PM SATURDAYS: FROM______AM/PM TO ______AM/PM SUNDAYS: FROM______AM/PM TO ______AM/PM DATES: MAY 29– June 29 WEEKDAYS: FROM_4:00pm _/PM TO __7:00PM SATURDAYS: FROM______AM/PM TO ______AM/PM 2 SUNDAYS: FROM______AM/PM TO ______AM/PM DATES:_________MAY 14-MAY 25th________________________________ MOCK MEET: MAY 25 4:30 PM TO 9:30 PM HOME MEET: JUNE 14 4:30 PM TO 10:00 PM HOME MEET: JUNE 26 4:30 PM TO 10:00 PM 4. In consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of 15% commission on all registration fees and 100% of all applicable non-resident fees. 5. The Organization agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the progr am and Organization. 6. The Organization agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. Ideal Capacity: __________108______________________________________ Previous Season Participation: ____0_______________________________ Growth Goal for This Season: ______50_______________________________ 7. The Organization is permitted multiple advanced level (non-recreation level) teams provided that no advanced level team displaces a single recreation-level participant or team and the advanced level teams must be made up of at least 50% City of Milton and City of Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. If the Organization is an Association subject to the City of 3 Milton’s Athletic Association Organizational Manual, the Organization shall comply with the program requirements set forth in Exhibit A. 8. The Organization agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 9. The Organization shall ensure that its coaches satisfy the certification and training requirements set forth in Exhibit B. 10. The Organization shall require that all swimmers it supervises at the facilities sign the release and indemnity agreement attached as Exhibit C before permitting them to use the facilities. The Organization shall promptly provide all executed agreements to the City. 11. Organization shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Organization without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 12. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 13. The Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the violation of any requirement of the Manual or this agreement or the willful or negligent acts, errors, or omissions of the Organization or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect. 14. It is the understanding of the City and the Organization that nothing contained in this agreement shall be interpreted to assign to the Organization any status under this agreement other than that of an independent Organization. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Organization is an independent contractor under this Agreement and not a City employee for all purposes, including but not 4 limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Organization agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Organization and the City and the City will not be liable for any obligation incurred by Organization, including but not limited to unpaid minimum wages or overtime premiums. 15. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 16. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ORGANIZATION NAME:____Milton Mustangs Swim Club, LLC________ ADDRESS:__________________15285 Highgrove Road CITY/STATE/ZIP:______Milton, GA 30004_________________________________ PHONE:_______404-513-9951_____________________________________________ WEBSITE:__ https://miltonmustangs.swimtopia.com__________________________________ ______________ EMAIL:_____milton.mustangsclub@gmail.com___________________________ CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 2006 Heritage Walk Milton, GA 30004 678-242-2489 www.cityofmiltonga.us jim.cregge@cityofmiltonga.us 5 17. This agreement may be executed in counterparts, each of which shall constitute an original. 18. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Organization in the execution of the terms of this agreement. 19. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 20. The Organization may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 21. The Organization agrees to adhere to all relevant City policies and procedures including, but not limited to the City’s Athletic Association Organizational Manual or Agreement for Outside Providers (whichever is applicable) in effect as of the date of this Agreement (which policies and procedures the Organization has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 22. The Organization will adhere to fee policies set by the City, including fees that may not yet be currently established. 23. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and the City’s Athletic Association Organizational Manual or Agreement for Outside Providers, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 6 24. The Organization acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Organization under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Organization is subject to the Open Records and Open Meeting laws of the state of Georgia. The Organization agrees to comply with those laws. To the extent that the Organization is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Organization further agrees that all books and records of the Organization shall be made available to the City of Milton as and when requested for review or audit. 25. City shall have the right to terminate this Agreement upon failure of Organization to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Organization with a written notice specifying Organization’s failure to perform, and providing Organization with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Organization fails to cure the deficiency, or in the event of any subsequen t failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Organization. Organization shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Organization. Prior to exercising this right of termination, Organization shall provide City with a written notice specifying City’s failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Organization, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Organization shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 7 I hereby acknowledge and understand that the Organization, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City’s Athletic Association Organizational Manual. I understand that failure of the Organization or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ORGANIZATION: CITY: By:___________________________ By:__________________________ President Steven Krokoff, City Manager City of Milton Name:________________________ (Typed or Printed) Date: _______________________ Date:_________________________ AND By:________________________ Ratified by City Council: Vice President By:__________________________ Name:_________________________ Joe Lockwood (Typed or Printed) Mayor, City of Milton Date:__________________________ Date: _______________________ 8 EXHIBIT A [This exhibit to be modified on a case-by-case basis to reflect the varying nature of advanced level teams in different sports.] GUIDELINES: A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton’s program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. 9 EXHIBIT B [This exhibit to be modified on a case-by-case basis to reflect the varying nature of coaching certifications in different sports.] Organization must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: American Red Cross Lifesaving Course or equivalent. The Organization may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Parks & Recreation Department within two weeks of the season start. SPORT: _____________________________________________________________ ACCEPTABLE COACHING CERTIFICATIONS: ____________________________ ______________________________________________________________________ ______________________________________________________________________ EXHIBIT C RELEASE AND INDEMNITY AGREEMENT In consideration of being allowed to use the City of Milton Public Pool (the “Facility”), I acknowledge and agree as follows: I, _____________________________________________ acknowledge that the City of Milton does not provide lifeguards or other supervision of swimmers outside of hours when the Facility is open to the general public. By using the pool outside public hours, I take responsibility for safe use of the pool. I acknowledge that swimming and use of a swimming pool has an inherent risk of injury and death, and may require good physical conditioning and a degree of skill. I voluntarily assume this risk. I agree to follow all posted Facility rules and observe all markings posted for safe use of the Facility. I release and agree not to sue the City of Milton and its officers, employees, agents, attorneys, insurers, and representatives (each a “Milton Party”) from a ny demands, claims, actions, losses, damages and expenses (collectively “Claims”) that arise out of my use of the Facility, except to the extent of willful or wanton conduct or gross negligence by a Milton Party. I also agree to indemnify the Milton Parties against any third-party Claims arising from my use of the Facility, including Claims that may arise in part from the acts or omissions of a Milton Party. This Agreement will be governed by Georgia law and should any part be found illegal, invalid or unenforceable, the offending portion should be modified, and the remainder continue in full force and effect as if this Agreement had been executed with the invalid portion modified to conform to the law. This Agreement will bind my heirs, successors, assigns, executors/administrators, subrogates, and anyone else that may claim by, through, or on behalf of me. I have read, understand, and voluntarily accept the terms above. Participant Signature ________________________________________ Participant Signature ________________________________________ Participant Name (Print) ____________________________ Date If participant is under 18 years of age: ________________________________________ Parent/Guardian Signature ________________________________________ Parent/Guardian Name (Print) ___________________________ Date This Agreement has been approved as to form by the City Attorney. TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order # 1 t Professional Services Agreement for TSPLOST Batch 2 esign Services. MEETING DATE: Monday, April 23, 2018 Regular �ity Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.y -YES CITY ATTORNEY REVIEW REQUIRED: QIYES APPROVAL BY CITY ATTORNEY: (,)/,APPROVED PLACED ON AGENDA FOR: C'4W I ze it 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 () NO () NO () NOT APPROVED .us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: April 17, 2018 for the April 23, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #1 to Professional Services Agreement for TSPLOST Batch 2 Design Services _____________________________________________________________________________________ Project Description: A professional services agreement was executed with Barge Design Solutions, Inc on January 24, 2018 to provide design services for the City of Milton on the TSPLOST Batch 2 projects. The concept plans are underway and this change order is for additional traffic counts that were determined to be needed as part of the concept development. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400006 ($737.50) 335-4101-541400008 ($737.50) Requisition Total: Increase PO18108 by $1,475 Vendor DBA: Barge Design Solutions, Inc Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, April 17, 2018 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, April 6, 2018 Attachment(s): Change Order #1 IVtI LTON'N ESTABLISHED 1006 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT City TSPLOST Batch 2 Design Services WHEREAS, the City of Milton, Georgia and Barge Design Solutions, Inc, have entered into a Professional Services Agreement (the "Agreement') dated January 24, 2018, incorporated herein by reference; and WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement and add to the Agreement Scope of Work pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 3 is amended by replacing the text of Subsection B with the following: B. "The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $91,475.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to pe&nn all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon hire sum The City, at its discretion, may choose to negotiate scope and fee for task 3 and 9 under a change order or additional agreement, to be determined at the completion of tasks 1, 2, 4, 5, 6, 7 & 8." 2. Exhibit "C" to the Agreement is hereby amended by adding the letter from Barge Design Solutions, Inc, dated March 2, 2018, attached hereto as Exhibit A. IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 7M in n -M Mik CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Date: Attest: Print Nacre: Sudie Gordon Its: City Clerk Approved as to forrn: City Attorney M I LTONk Its: PresidentfVice President (Corporation) Date: [CORPORATE SEAL] A t/Witness: Ic Print Natne: �Q LL l0. 11 a f Its: t keco{ove- Ice_ Pfe5tdew+I co•pur4�c 6r-'C-,I((Assistant) Corporate Secretary if corporation) J Exhibit A i March 2, 2018 0 U Z Sara Leaders, PE, LSIT City of Milton w 2006 Heritage Walk w Milton, GA 30004 4 RE: City TSPLOST Batch 2 Design Services, City of Milton, GA m Change order #1 — Traffic Collection Services a m Dear Sara: N m As requested, Barge Design Solutions, Inc. will select and coordinate with a traffic counts vendor to perform traffic data collection for TSPLOST Batch 2 Design Services. Twelve-hour turning movement counts will be collected at the following project locations: Hopewell Road at Hamby Drive N and Hopewell Road at Thompson Road. Change order #1 is a lump sum amount of $1,475.00 c 0 If we have not fully addressed your project requirements, ort you have other questions regarding " the scope of work, please let us know immediately a Sincerely, Johnn7 ee, PE a Project Manager Barge Design Solutions, Inc. W a U U Barge project #3616103 w a 0 Q N W F N �.4RGc Proposal'Professional Services Fee Client Name: City of Milton Proposal Date: 02 -Mar -18 Project Name: TSPLOST #2 Design Services OriginallRev#: 1 Prepared by: Johnny Lee BWSC Job No: 3616103 Reviewed by: Tommy Alexy Scope of Work: Traffic counts 12 hrs Basis Of Estimate: Lump Sum Schedule: Notice to Proceed: 01 -Mar -18 Fee Type: Lump Sum FEE BREAKDOWN Phase Task 1: Traffic Count Project Start: 01 -Mar -18 Labor Project Complete: 29 -Mar -18 Directs Total $375 $1,100 $1,475 $375 $1,100 $1,475 Page 1 TO: City Council DATE: April 18, 2018 FROM: Steven Krokoff, City Manag AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Cooper Carry, Inc. to Provide Final Design Services for the Proposed Court/Police and Fire Facilities on State Highway 9 MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1 PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( k/ ES () NO CITY ATTORNEY REVIEW REQUIRED: (, YES () NO APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C,ql 2,51 U,i� 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 Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on April 18, 2018 for the April 23, 2018 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Cooper Carry, Inc. to Provide Final Design Services for the Proposed Court/Police and Fire Facilities on State Highway 9 _____________________________________________________________________________________ Project Description: In 2017 Cooper Carry, Inc. was selected to provide design services for the proposed court/police and fire facilities located on State Highway 9 through our standard procurement practices. As part of the design process we have completed an initial contract with Cooper Carry, Inc. to provide conceptual design and pricing services to establish the overall project budget and project programming. This contract represents the next phase in the design process to move the project through final design documents and construction. Staff is recommending approval of the final design contract with Cooper Carry, Inc. in an amount not to exceed $1,071,619. Procurement Summary: Purchasing method used: RFP Account Number: 300-1565-541300100 Requisition Total: $ 378,368 (Set up through Design Development Docs) Vendor DBA: Cooper Carry, Inc. Financial Review: Bernadette Harvill, April 19, 2018 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, March 28, 2018 Attachment(s): Professional Services Agreement AGREEMENT FOR ARCHITECTURAL SERVICES MILTON COURT/POLICE AND FIRE FACILITIES This Agreement for Architect Services (the “Agreement”) is made and entered into this ____ day of ___________, 2018, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council (hereinafter referred to as the “City”), and Cooper Carry, Inc., a Georgia corporation (hereinafter referred to as the “Architect”). W I T N E S S E T H : WHEREAS, the City issued a Request for Qualifications (16-PW09) issued July 7, 2016, to solicit qualified firms for the design of a Court-Police and Fire Facility; and WHEREAS, the City has indicated the intent to procure design and construction management services for this project utilizing the CM@Risk with multiple component packages methodology; and WHEREAS, based upon Architect’s qualifications and subsequent proposal to provide this type of Architectural Service, dated August 2, 2016 and supplemented February 12, 2018, the City selected Architect to provide such services; and WHEREAS, Architect has agreed to perform the services set forth in this Agreement, according to the terms and conditions provided in this Agreement; NOW THEREFORE, the City and Architect, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: (a) This Agreement; (b) Request for Qualifications, attached hereto as Exhibit “A”; (c) Scope of Work, attached hereto as Exhibit “B” (d) Scope of Work and Pricing from Architect’s Proposal, attached hereto as Exhibit “B.1”; (e) Professional Liability and other Insurance Requirements of this Agreement, attached hereto as Exhibit “C”; (f) Contractor Affidavit and Agreement, attached hereto as Exhibit “D”; (g) Subcontractor Affidavit, attached hereto as Exhibit “E”; (h) The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents; and (i) Milton City Code of Ethics. In the event of any conflict among the terms of the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 1.1. Definitions Unless specifically defined herein, terms used in this Contract and its General Requirements shall have the same meaning as in common usage and defined in a standard dictionary. Other Defined Terms. Terms defined in other documents associated with this Project, including the Program, the Contract Documents and the CM/GC General Requirements, and CM/GC Supplementary General Requirements, and any program management contract for the management of this Project, shall have the same meaning in this Contract unless such meaning is in conflict with the meaning defined herein. Defined Terms. (a) Design Coordination Meetings. A meeting between the Architect or Architect’s consultant and the City, inclusive of all travel time, professional time, documentation time, travel expenses, meals, lodging, and incidental expenses, during the performance of basic design services, to review the design for validation, for constructability and for value engineering. Meetings shall be accounted in half-day increments (i.e., 0 to 4 hours expended in a single day equal one-half meeting; 4 to 8 hours equal one meeting). (b) Ordinary Negligence. The failure of the Architect or the Architect’s consultant to exercise the standard of care as defined herein. (c) Preliminary Design and Construction Schedule. A schedule indicating proposed activity sequences and durations, major milestone dates for receipt and approval of pertinent information and for production of the schematic design development, construction drawings, and proposal documents, as well as estimated time required for construction. It includes the City’s occupancy requirements showing portions of the Project (and the Phases thereof if any) having occupancy priority, and proposed date(s) of Material Completion and Final Completion. The Preliminary Design and Construction Schedule shall be in simplified critical path method format as might be appropriate for the Project, and shall be in such detail as City reasonably requires. (d) Program. The written and graphical definition of the Project’s space requirements provided by the City to the Architect. The Program is provided to the Architect together with other relevant predesign information, including the purposes and requirements of the Project for the purpose of creating the design and issuing the Construction Documents. (e) Site Visit. A visit to the Site for performance of Construction Contract administration by the Architect or consultant, inclusive of all travel time, professional time, documentation time, travel expenses, meals, lodging, and incidental expenses. One site visit shall require a minimum of 4 hours. Site Visits may be accounted in half-day increments (i.e., less than 4 hours expended in a single day equal one-half visit;). (f) Standard of Care. That degree of care, learning, skill, and ability which is ordinarily possessed by other members of the respective professions under similar conditions and like circumstances. (g) GMP Cost Limitation. The amount stipulated in this Agreement as the maximum sum to be specified in the CM/GC Construction Agreement for the construction of the Project prior to execution of the GMP Change Order. The GMP Cost Limitation does not include the cost of fixtures, furniture, or equipment unless expressly stated in the Program. Fixtures, furniture, or equipment not included in the Program may be added as a design requirement and included in the GMP Cost Limitation by an amendment to this Contract. GMP Cost Limitation does not include design costs, owner contingency, or site acquisition costs. (h) CM/GC Supplementary General Requirements. The portion of the Construction Documents dealing with specific requirements of the construction process that are unique to the Project and shall be drafted by the Architect based on specimens provided by the City. (i) Construction Documents. A set of drawings that include all pertinent information required for the CM/GC to price and build the project. (j) CM/GC. The CM/GC is the firm responsible for construction of the Project. When appropriate in context, CM/GC refers to any subcontractors retained by the CM/GC. Section 2. The Work (a) Architect shall provide architectural and consulting services in fulfillment of City needs, requirements, and/or obligations for the design of the Court-Police and Fire Facility (hereinafter referred to as the “Project”). The architectural services provided by Architect pursuant to this Agreement shall include, but are not necessarily limited to, preparation of plans, studies, permit applications, specifications, sketches, cost projections, reports, presentations, assessments, administration of the Construction Contract, etc., as specified and/or required by the City. Such work is further defined in Exhibit “A” and Exhibit “B”. (b) The Architect agrees that all drawings and specifications for professional design services shall be performed by registered professionals in its own organization, or under the supervision of such professionals, or the Architect agrees to employ without additional cost the City, the services of registered professionals regularly engaged in delivering such professional services. Construction Documents so prepared shall bear the stamp of a responsible, registered professional licensed in the State of Georgia. (c) The Architect agrees to incorporate all of the material provisions of this Agreement into each contract with its subcontractors (including design consultants), and that failure to accomplish such incorporation by an express provision in each subcontract is a breach of an essential covenant of this Agreement. In the event of such breach the Architect shall, within five (5) calendar days after demand of the City, furnish proof in writing that the deficiency has been remedied to the end that no subcontractor or consultant may maintain that it has not assumed toward the Architect all the obligations and responsibilities that the Architect has assumed toward the City. (d) The Architect shall coordinate all the services of all design consultants for the Project, including coordinating its services as required with consultants retained by the City. The City shall require a reciprocal coordination clause in each of its separate consultant contracts. (e) It is the City's expectation that the Architect, the City, City-retained consultants, any separate contractors and the CM/GC shall work as a project team to effect the commencement of and completion of construction in accordance with the Contract Documents. By its various contracts with the other parties, the City will require that each team member communicate with all other team members to encourage and facilitate overall coordination, cooperation and efficiency, and cooperate fully with and coordinate fully with each other team member in order to achieve Project completion in an expeditious and economical manner. The CM/GC, in consultation with the other team members, shall schedule regular meetings of the key principals of the project team in an effort to solve problems in a partnering atmosphere to facilitate the ability of each team member to meet its business objectives, so long as consistent with the successful completion of the Project, in real time. The Architect shall not be required to attend such partnering meetings more than twice per month. It is the City’s intent that all consensus decisions of the team, where differing from the Contract Documents, be reduced to writing in an appropriate Change Order or amendment or modification. (f) The Architect recognizes and agrees that it will design this project such that the initial Guaranteed Maximum Price (GMP) will not exceed the GMP Cost Limitation. If the GMP Cost Limitation is exceeded by the CM/GC’s proposed GMP, the City may: i. Approve an increase in the GMP Cost Limitation; or ii. Require the Architect, without additional compensation, to revise the Construction Documents to reduce the cost of the work to the original GMP Cost Limitation, with the City (in its discretion) reducing the CM/GC non-construction services to help reduce the GMP to the GMP Cost Limitation; provided, however, said revisions will be performed at no additional cost to the City only to the extent that the original GMP Cost Limitation is exceeded because the Architect varied from the design intent of the approved Schematic Design documents. If the CM/GC’s proposed GMP is more than 5% but not less than $200,000 below the GMP Cost Limitation, and if the Architect reduced components of the design of the Project to bring the probable cost of construction within the GMP Cost Limitation, then the City may require the Architect, without additional compensation, to revise the Construction Documents to restore such components of the design that were omitted, but without exceeding the GMP Cost Limitation. Such components of the design will be implemented by Change Order. After the CM/GC Contract has been awarded, if additional funding is obtained to increase the GMP Cost Limitation and components reduced or eliminated during design are desired to be reinstated, the Architect will be entitled to the same compensation as is provided for Change Orders not the fault of the Architect. (g) The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders executed by the Architect and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the Architect shall proceed with the changed work on an hourly basis with a not to exceed amount. (h) Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Architect. (i) The City Manager has authority to execute without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such Change Orders issued and effective without prior approval of the City Council shall be subsequently ratified by the Council. Any Change Orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be first approved by resolution of the Milton City Council. (j) Notwithstanding any other provision in this Contract to the contrary, the Architect shall receive no fee for Change Orders caused by the Architect’s failure to comply with the Standard of Care. Section 3. Term Architect and City agree that the term of the Project is through the timely completion of the construction of the Project and applicable warranty periods. The term of this Agreement shall commence upon the issuance of the Notice to Proceed from the City and shall terminate absolutely and without further obligation on the part of the City on December 31, 2018, provided that this Agreement, absent written notice of non-renewal provided by the City to Architect at least thirty (30) days prior to December 31, 2018, shall automatically renew on January 1, 2019 and on January 1 of each year thereafter until the completion of the term of the Project (provided that certain requirements, such as confidentiality and claims-based insurance requirements shall survive). The City may terminate this Agreement upon a breach of any provision of this Agreement by Architect and Architect’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain with the Architect until fully paid by the City. Section 4. Reserved. Section 5. Expertise of Professional Services Consultant Architect accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage a single entity with requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely completion of the Project undertaken by Architect pursuant to this Agreement. By executing this Agreement, Architect represents to the City that Architect is professionally qualified to act as Architect for the Project and is licensed to practice architecture by all public entities having jurisdiction over Architect and the Project. Architect assumes full responsibility to the City for the improper acts and omissions of its consultants or others employed or retained by Architect in connection with the Project. Section 6. Additional Responsibilities of Architect (a) The Architect shall provide professional services consisting of attendance at necessary meetings, preparation of estimates, preliminary studies, and preliminary plans, completion of work drawings, detailed specifications, revisions as requested by the City, large scale and full sized detailed construction drawings, assistance in drafting of advertisements for bids, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, civil, and structural engineering services, and general project supervision through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by Architect constitutes a representation that Architect has become familiar with the Project site and the local conditions under which the Project is to be implemented. In the event the Project includes the renovation of, or addition to, any existing facility or structure, Architect shall carefully examine and inspect such facility or structure, and all design documents shall be properly coordinated and integrated with same. (b) Architect shall furnish the documents and provide the services herein required in such sequence and at such time as is necessary for prompt completion of the Project. Architect agrees to adhere to work plans and schedules as agreed to in writing between Architect and the City, which schedule may be reasonably adjusted as required during the course of the particular Project with the written agreement of both Architect and the City. (i) If the completion of the project is delayed by reason of Ordinary Negligence on the part of the Architect, the Architect shall be responsible to the City for all reasonable additional costs, expenses, liabilities, or damages resulting from such delay. In addition, the Architect shall provide accelerated services at its own expense to make up for time lost because of such delay. (ii) If the Architect is delayed in performance of its services by any act or omission of the City, or by its consultants or agents, or by Change Orders by the City, then the Architect may request an adjustment of the project schedule. (c) Architect agrees and acknowledges that budgetary limitations, whether for architectural or construction services, are not a justification for breach of sound principals of design and engineering. Architect shall take no calculated risk in the design of the Project. Specifically, Architect agrees that, in the event it cannot perform the required services for the Project within the budgetary limitations established without disregarding sound principals of design and engineering, or in the event Architect is requested by any person, agency, or public body to make changes which will increase the cost of the Project to an amount that is in excess of the budgetary limitations established by the City, Architect will give written notice immediately to the City. Architect agrees that, in the absence of an amendment to this Agreement in writing, Architect will not perform the required services for the Project in a manner that it estimates will cost in excess of the budget established and set forth by the City for the Project. (d) Architect acknowledges and agrees that the City does not undertake to approve or pass upon matters of design or engineering and that, therefore, the City bears no responsibility for Architect’s services performed under this Agreement. Architect acknowledges and agrees that the acceptance of plans and specifications by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of design or engineering. Architect further agrees that no approval of plans and specifications by any person, body or agency shall relieve Architect of the responsibility for adequacy, fitness, suitability, and correctness of architectural design or for performing services under this Agreement in accordance with sound and accepted design and engineering principals. (e) Architect acknowledges that it may receive confidential information of the City. Architect agrees to protect the confidentiality of any such confidential information, provided that the City specifically designates the information as confidential upon provision of the information to Architect. Architect shall require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. (f) Architect agrees that it shall not engage in any activity or conduct that would be in violation of the Milton City Code of Ethics. Architect certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing under this Agreement. Should Architect become aware of any circumstances that may cause a conflict of interest during the term of this Agreement, Architect shall immediately notify City. If City determines that a conflict of interest exists, City may require that Architect take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Architect when such services were performed while a conflict of interest existed if Architect had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Architect and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Architect and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the Architect or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. (g) Architect must have timely information and input from the City in order to perform the services required under this Agreement. Architect is entitled to rely upon information provided by the City, but shall be required to provide immediate written notice to the City if Architect knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. (h) Architect specifically acknowledges that TIME IS OF THE ESSENCE for the implementation of the Project and the performance of its obligations hereunder. Architect specifically agrees to adhere to the priorities established by the City with regard to the Project from time to time. (i) ________________________ shall be authorized to act on Architect’s behalf with respect to the Project as Architect’s designated representative. (j) Architect agrees that it shall be in compliance with all applicable local, state, and federal regulations during the performance of this Agreement, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). (k) Architect agrees that it shall apply for, and obtain, all required permits or inform the City of the need to do so. (l) Architect shall administer all construction contracts related to the Project as directed by the City pursuant to Section 6.1 below and consistent with any construction contracts entered into by the City and related to the Project. (m) In the event Architect acquires knowledge of any asbestos located in the Project, it shall immediately notify the City in writing. Absent a failure to comply with this notice requirement, Architect shall have no liability or responsibility to the City for asbestos, or the removal or treatment of same, unless otherwise agreed in writing. (n) The Architect shall coordinate its design and administrative duties with the CM/GC as a team with the following objectives and responsibilities: During Pre-construction: Design review for validation, Design review for constructability, Design review for value engineering. During Design and Construction: As needed, design review for constructability and value engineering, Assist the CM/GC’s development of a cost tracking methodology to advise all parties during design activities if the expected or projected costs may exceed the GMP Cost Limitation, and that provides realistic suggestions to regain balance between cost and scope, Assist the CM/GC’s development of a cost tracking methodology to compare estimated costs with real time actual costs, Document all cost related decisions and their rationale and provide the City with this record in a bound volume upon completion of the Project, Develop and coordinate the issuance of construction documents for construction packages to implement Component Change Orders for the components identified in the Contract or directed by the City, Review and coordinate the issuance of Component Change Orders, Review and coordinate the issuance of the GMP Change Order, Review and coordinate the issuance of the Lump Sum Change Order, if requested by the City. Section 6.1. Construction Contract Administration (a) The Architect shall provide administration of the Construction Contract as set forth below and shall perform those duties and discharge those responsibilities set forth herein and in the contract to be executed by and between the City and the CM/GC ("the Construction Contract"). (b) The Architect shall represent the City during construction. Instructions and other appropriate communications from the City to the contractor shall be communicated through the Architect unless the City determines otherwise. The Architect shall act on behalf of the City only to the extent provided herein and in the Construction Contract. (c) The Architect shall observe the work of the CM/GC as set forth in Exhibit “B.1”. If, however, in the opinion of the Architect, observations more frequently than as set forth in Exhibit “B.1” are required to protect the City's interest, the Architect shall so notify the City in writing, and the City may elect to require the Architect to make more frequent Project observations, and unless such observations are otherwise required by this Agreement, the Architect shall be compensated for same pursuant to the applicable provisions of this Agreement. It is expressly agreed, however, that the observations required by this Paragraph are in addition to any and all other observations which may be required elsewhere in this Agreement. The purpose of the observations required by this Paragraph is to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Contract. In making such observations, the Architect shall exercise care to protect the City from defects or deficiencies in the work, from unexcused delays in the schedule and from overpayment to the CM/GC. Following each such site visit the Architect shall submit a written report, in a format approved by the City, of such observations, together with any appropriate comments or recommendations, to the City. (d) The Architect shall at all times have access to the Work wherever it is located. (e) The Architect shall determine amounts owed to the CM/GC based upon observations of the Work, evaluations of the CM/GC's rate of progress and upon evaluations of the CM/GC's applications for payment, and shall issue certificates for payment to the City in such amounts. (f) The issuance of a certificate for payment shall constitute a representation by the Architect to the City that the Architect has made an observation of the work and that the work has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the Architect, the CM/GC is entitled to payment of the amount certified. (g) The Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the CM/GC. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the CM/GC. (h) The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract, unless notified by the CITY, in writing, to the contrary. (i) The Architect shall reject work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. Whenever, in the Architect's opinion, it is necessary or advisable, the Architect shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. (j) The Architect shall review and approve, or take other appropriate action upon, the CM/GC's submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the Architect of the CM/GC's submittal shall constitute the Architect's representation to the City that such submittal is in conformance with the Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the CM/GC or the Project. (k) The Architect shall review and advise the City concerning proposals and requests for Change Orders from the CM/GC, including the reasonableness and accuracy of the proposed cost of same. The Architect shall prepare Change Orders for the City's approval and execution in accordance with the Construction Contract. (l) The Architect shall conduct an inspection to determine the date of substantial completion and the date of final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Construction Contract and assembled by the CM/GC, and shall, when appropriate, issue a final certificate for payment. (m) The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the Architect's work product. Section 7. Responsibilities of the City (a) The City shall provide information as reasonably requested by Architect (unless the provision of such information is within the duties required by Architect under this Agreement), in a prompt manner so as to assist Architect in achieving compliance with the applicable schedules. (b) The Public Works Director shall be authorized to act on the City’s behalf with respect to the Project as the City’s designated representative. The Public Works Director shall render decisions and respond to Architect in a timely manner so as to assist Architect in achieving compliance with applicable schedules. (c) In the event that the City becomes aware of any errors, omissions, inconsistencies, or other problems in the documents and plans provided by Architect, the City shall provide timely notice in writing to Architect advising Architect of same. Section 8. Method of Compensation; Design Development Checkpoint; Time of Payment. (a) Total Compensation. Architect’s total compensation to be paid for all services rendered and costs incurred by Architect in completion of such services pursuant to this Agreement shall not exceed $1,071,619. City will compensate the Architect on the basis of (a) a flat base fee for Architect services, (b) a flat fee for the cost of hiring special consultants, and (c) “at cost” reimbursement for other authorized expenses subject to a “not-to-exceed” cap. (b) Basic Fee for Services. Architect shall be compensated for its services in four separate flat fee payments, together adding up to $845,919: Pre Design/Schematic Design/Contractor Procurement $ 169,184 Design Development $ 169,184 Construction Documents/Permitting $ 338,367 Construction Contract Administration $ 169,184 Architect’s flat fee compensation for its services is based on the assumption that the construction cost of the Project will not exceed $13,014,144. The Parties acknowledge that the Project will be constructed on a guaranteed maximum price or lump sum basis, and the City will have sole discretion in adjusting the Project to achieve its desired construction cost. If the City elects to award a construction contract with an authorized construction cost in excess of $13,014,144, the City will execute a Change Order to this Agreement increasing Architect’s flat fee by the amount of 7.5 percent times the balance of the construction costs authorized by the City above $13,014,144. (c) Special Consultant Fees. Architect shall be compensated a flat fee of $185,700 for the cost of hiring Special Consultants as further described in Exhibit “B.1” and as specified in the table below: Design Phase Consultant SD DD CD CA Total Rendering $0 $0 $6,500 $0 $6,500 Cost Consultant $12,000 $16,000 $0 $0 $28,000 Env Graphic Design $6,000 $8,000 $20,000 $6,000 $40,000 FF&E Selection $4,000 $4,000 $8,000 $14,500 $30,500 AV Comm & Security $5,900 $5,900 $11,800 $5,900 $29,500 Water Intrusion $3,000 $5,000 $7,200 $31,000 $46,200 Acoustical $0 $2,000 $1,500 $1,500 $5,000 Phase Subtotals $30,900 $40,900 $55,000 $58,900 $185,700 (d) Reimbursable Expenses. Architect shall be compensated for its actual cost (no markup) of certain reimbursable expenses set forth in Exhibit “B.1”, up to a not-to-exceed amount of $40,000. (e) Additional Services. Architect may be entitled to compensation for additional services as specified in Exhibit “B.1”, provided, however, that all such additional services must be pre-authorized in writing by the City and incorporated as a Change Order to this Agreement duly signed and approved in conformance with the City’s Purchasing Policy. (f) Design Development Checkpoint. Notwithstanding anything to the contrary in this Agreement or the Contract Documents, the Architect shall not proceed beyond the Design Development phase without separate written approval from the City. The City expressly reserves the right to terminate this Agreement for convenience after the Design Development phase pursuant to Section 12(a) of this Agreement. Unless it approves the Architect to proceed beyond the Design Development phase, the City shall only be obligated to pay Architect: (1) the basic fee for the Schematic Design phase and Design Development phase as set forth in subsection (b) above; (2) no more than $71,800 in compensation for special consultant fees consistent with the table set forth in subsection (c) above; (3) a reasonable amount of reimbursable expenses, subject to the limits of subsection (d) above; and (4) fees for additional services that may have been ordered pursuant to subsection (e) above. (g) Invoicing. Architect may invoice each of its four separate flat fee payments as each respective phase of the work is completed. Special Consultant fees will be billed monthly on a percent complete basis. Reimbursable expenses will be billed monthly as incurred. On or about fifteen (15) days after the close of each calendar month during the performance of services pursuant to this Agreement, Architect shall submit to the City a statement in a form acceptable to the City and accompanied by appropriate supporting documentation demonstrating the services that were completed and expenses incurred during such calendar month for the Project, and the compensation that is due for the same. The City shall review the statement and approve it with such modifications as are consistent with this Agreement. In the event that the City becomes credibly informed that any representations of the Architect regarding payment are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the Architect until the inaccuracy, and the cause thereof, is corrected to the City’s reasonable satisfaction. The City shall pay each such statement as approved within thirty (30) days after approval of the invoice by City staff, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by Architect to the point indicated by Architect on such statement or of receipt of acceptance by the City of the services enumerated in such statement. Within thirty (30) days of receipt of each payment from the City, Architect shall promptly pay all fees owed to subconsultants and provide the City with written certification of same on a monthly basis. No payments will be made for unauthorized work. Payments will not be hand delivered. Section 9. Work Product Ownership. The City shall be the absolute and unqualified owner of all preliminary arrangements, work product, analysis, agreements, cost estimates, plans, or other documents prepared pursuant to this Agreement with the same force and effect as if the City had prepared same provided that all undisputed amounts due and owing to Architect have been paid by the City to Architect. Architect agrees to deliver to the City, upon request, all such information and work product. Architect may retain copies of such documents and information for use in the normal course of its business. The City, to the extent if any allowed by law, shall hold harmless the Architect from any unauthorized use or misuse of these instruments of service. Section 10. Independent Contractor. Architect will be an independent contractor under this Agreement, and will assume all rights, obligations, and liabilities applicable to it as such independent contractor hereunder. Any provisions of this Agreement that may appear to give the City the right to direct Architect as to the details of the services to be performed by Architect herein or to exercise a measure of control over such services will be deemed to mean that Architect shall follow the directions of the City with regard to the results of such services only. Section 11. Subconsultants; Successors and Assigns. Architect shall not subcontract with any third party for the performance of any portion of the Services without the prior written approval of the City. Architect shall be solely responsible for compensating any subconsultant it desires to retain. Architect shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the City. Subject to the provisions of the immediately preceding sentence, the City and Architect, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Section 12. Termination, Suspension of Agreement. (a) The City or Architect may terminate this Agreement for convenience at any time by giving at least thirty (30) days prior written notice to the other party. If this Agreement is terminated for convenience by the City, the Architect shall be compensated for work actually performed, pro-rated on the percentage completed of the then-applicable phase of work, provided work product actually completed as of termination is delivered to City. Notice of Termination shall be given by the terminating party to the other party as addressed in Section 15(e) of this Agreement. The effective date of termination shall be thirty (30) days after the date of receipt of notice. (b) The City may terminate this Agreement for cause if Architect breaches any material provision of this Agreement. The City shall give Architect at least seven (7) days prior written notice of its intent to terminate the Agreement and the reasons therefore, and, if Architect fails to cure the default within that period, the termination shall take place without further notice. In the event of a termination for cause, Architect shall not be entitled to further payment until the work required under this Agreement on any Project that is active and ongoing at the time of such termination is completed by others. If the cost of completing the work required under this Agreement, combined with previous payments to Architect, exceed the overall budget for the particular Project assigned to Architect in accordance with this Agreement, Architect shall pay the difference to the City. (c) If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section 12(a). (d) The City may, without cause, order Architect, in writing, to suspend its performance hereunder in whole or in part. In the event any such suspension is for a consecutive period of less than thirty (30) days, or if multiple suspensions of less than thirty (30) days each do not exceed a cumulative total of forty-five (45) days, no additional compensation shall be due Architect as a result of such suspension or suspensions. Otherwise, Architect shall be compensated for the actual and reasonable costs resulting from such suspension or suspensions provided, however, the suspension or suspensions did not result from Architect’s wrongful act or omission. Section 13. Venue, Jurisdiction of Disputes. Any dispute between the parties shall be subject to venue and jurisdiction in the Superior Court of Fulton County, Georgia. Section 14. Indemnification and Insurance. Architect shall indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees (“Liabilities”), resulting from willful, negligent or tortious conduct and/or omissions arising out of performance of professional services by the Architect, any subconsultant, anyone directly or indirectly employed by the Architect or subconsultant or anyone for whose willful, negligent or tortious acts the Architect or subconsultant may be legally liable (“Indemnifying Parties”), but only to the extent caused by or resulting from the acts or omissions of the Indemnifying Parties. . Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all such claims against by Indemnified Party, against an Indemnifying Party, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Architect or any subconsultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Throughout the term of this Agreement, Architect and all of its subconsultants shall maintain insurance as outlined in Exhibit “C,” attached hereto and incorporated herein by reference. Architect and all subconsultants shall provide the City with certificates of insurance and endorsements as required. Section 15. Miscellaneous. (a) Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. (b) Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. (c) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (d) Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. (e) Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City Manager’s Office Attn: Steve Krokoff 2006 Heritage Walk Milton, Georgia 30004 With a copy to (copy shall not constitute notice to the CITY): Director of Public Works Attn: Carter Lucas, PE 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO Architect shall be sent to: Cooper Carry, Inc. Attention: M. Sean McLendon, AIA 191 Peachtree Street NE Suite 2400 Atlanta, Georgia 30303 (f) Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. (g) Force Majeure. Neither the City nor Architect shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Architect; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. (h) Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. (i) No Third-Party Beneficiaries. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third party. (j) The individual executing this Agreement on behalf of Architect covenants and declares that it has obtained all necessary approvals of Architect’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Architect to the terms of this Agreement, if applicable. Section 16. E-Verify. It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Architect shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Architect’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E- Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Architect provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Architect hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Architect hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Architect employs or contracts with any subcontractor(s) in connection with the covered contract, the Architect agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Architect agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Architect is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Architect’s and Architect’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Architect and Architect’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Architect is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Architect or Architect’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Architect and Architect’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Architect or Architect’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Architect’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Architect shall be liable for all damages and delays occasioned by the City thereby. Architect agrees that the employee-number category designated below is applicable to the Architect. ____ 500 or more employees. __X__ 100 or more employees. ____ Fewer than 100 employees. Architect hereby agrees that, in the event Architect employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Architect will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. Section 17. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Architect agrees that, during performance of this Agreement, Architect, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Architect agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 17 in every subcontract for services contemplated under this Agreement. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. CONSULTANT: COOPER CARRY, INC. Signature: ___________________________________ Print Name: _____________________________ Title: _______________________________ President/Vice President [CORPORATE SEAL] Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Sudie Gordon, City Clerk Approved as to form:_______________________________ City Attorney EXHIBIT “A” REQUEST FOR QUALIFICATIONS EXHIBIT “B” SCOPE OF WORK PART 1 – DESIGN PHASE 1. General. a. The Scope of Work shall include all normal and customary professional services of the Architect and its consultants required in connection with the Schematic Design, Design Development, Construction Documents, Procurement of Construction Services and CM/GC Construction Contract administration phases of the Project. b. Landscape Planning and Design. The Architect shall provide, or secure through a landscape architect, landscape and irrigation planning for the project. c. Color Rendering of Project. To facilitate visualization and perceptions of the project, two (2) color renderings and massing model must be made of the Project. If applicable, a video may be substituted. d. LEED Certification. LEED certification is not being pursued by the City but the Architect will be required to identify those sustainable practices that are incorporated into the design and produce a report that outlines the practices used and their impact on the design and long-term functionality of the building a LEED score card, life cycle costs and initial costs. 2. Site Evaluation and Planning Services. a. Preliminary Evaluation. Site evaluation and planning functions should proceed concurrently with the accomplishment of Schematic Design, Design Development, and Construction Documents. The Architect shall conduct a preliminary review of the site based on information furnished by the City. The Architect will advise the City of potential site-related problems noted from such review. b. Additional Information. The Architect shall advise the City of the need for any information that the Architect determines should be provided by testing laboratory or similar third party provider. With prior written approval of the City as to cost and other business terms, the Architect shall contract for the information or, if the City elects, the City shall contract as advised by the Architect. The Architect shall not be liable to City for professional judgment of third party providers. The Architect shall inform the City if the Architect discovers any defect in the information so provided. Except as provided above as to tests, the retention of independent contractors or other assistance does not relieve the Architect of any responsibility under this Contract. 3. Schematic Design Services. a. Concept Design Studies. In accordance with the approved Preliminary Design and Construction Schedule, the Architect shall prepare and submit to the City Concept Design Studies consisting of a site plan, building plans, sections, elevations, and such other graphic and narrative information as is necessary to describe fully the Architect’s proposed solution to the City for review and approval. These studies shall consider land use, the environment, master plans, traffic, parking, transportation, utilities, and functional relationships within the Project and building systems. With such studies, the Architect shall prepare and submit to the City an initial Statement of Probable Construction Cost. b. Schematic Design Documents. In accordance with the approved Preliminary Design and Construction Schedule and based upon approval of and comments made by the City regarding the Concept Design Studies, the Architect shall prepare and submit to the City Schematic Design Documents, including drawings and narratives. These documents shall represent a further development of the approved design concept, providing additional detail and specificity regarding the intended design solution and shall include attendance and presentation of the schematic design to the City of Milton Design Review Board. Comments received from the Design Review Board shall be incorporated into the design documents as directed by the City. Typically, all such documents shall be drawn to scale, indicating materials and assemblies, as appropriate, to convey the design intent and to illustrate the Project’s basic elements, scale and relationship to the Site. All major pieces of furniture and equipment to be fixed or supplied by the CM/GC shall be illustrated to scale. (See ASTM Standard Practice E 1804-02, August 2007, Sections 6.3, 8.2 and 8.3 for guidance on information which is generally developed in Schematic Design.) c. Initial Statement of Probable Construction Cost. The Architect shall prepare and submit an initial Statement of Probable Construction Cost. To the extent the Statement of Probable Construction Cost significantly deviates from the GMP Cost Limitation, the Architect shall discuss the deviations with the City and prepare and submit a plan to address the differences. As the design progresses, the Architect shall prepare and submit updated Statements of Probable Cost in like format. The parties understand and agree that the Architect does not have control over the cost of labor, materials or equipment, over the CM/GC’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the City’s GMP Cost Limitation or from any estimate of the Cost of the Work prepared by the Cost Consultant or Construction Manager. d. Schematic Design Approval. The Architect shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design portion of the schedule, and update the projected construction portion of the schedule, The Architect shall meet with the City for the purpose of presenting and reviewing the Schematic Design including the updated schedule and the initial Statement of Probable Construction Cost. The Architect shall obtain the written approval from the City of the Schematic Design Phase before proceeding with the next phase. 4. Design Development Services. a. Design Development Documents. In accordance with the approved Preliminary Design and Construction Schedule and based upon approval of and comments made by the City regarding the Schematic Design Documents, the Architect shall prepare and submit to the City the Design Development Documents. (See ASTM Standard Practice E 1804-02, August 2007, Sections 6.4, 8.2 and 8.3 for guidance on information which is generally developed in Design Development Documents). Approval shall include attendance and presentation of the schematic design before the City of Milton Design Review Board. The Design Development Documents shall consist of a Site Plan, building plans, floor plans, sections, elevations, typical construction details, equipment layouts, and other drawings and outline specifications. These documents will fix and illustrate the size and character of the entire Project in its essentials, including but not limited to kinds of materials, criteria and sizing of major components, equipment sizes and capacities, approximate layouts including required spaces for clearances, type of structure, grade elevations, sidewalks, utilities, roads, parking areas, mechanical and electrical systems. The Architect shall also prepare outline specifications giving basic descriptions of essential components of all systems. The outline specifications shall identify major materials and systems and establish in general their quality levels. b. Floor Plans. The Architect shall prepare floor plans showing spaces by name, number, actual net area of each space, structural module, mechanical spaces, equipment, chases and circulation area. The Architect shall also prepare site plans (which show utilities), plumbing, electrical, mechanical, and structural plans, and equipment layouts, lists and schedules. Drawings shall show overall building dimensions and major lines of dimension. c. Initial Code Compliance Review. The Architect shall submit the completed Design Development Documents for the Fire Marshal’s review to the City Plan Review Division. d. Design Development Documents Approval. The Architect shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design portion of the schedule, and update the projected construction portion of the schedule, The Architect shall meet with the City for the purpose of presenting and reviewing the Design Development Documents including the updated schedule and the updated Statement of Probable Construction Cost. The Architect shall obtain the written approval of the City of the Design Development Documents Phase before proceeding with the next phase. 5. Construction Documents. a. General. In accordance with the approved Overall Project Schedule and based upon approved Design Development Documents, the Architect shall prepare and submit to the City the Construction Documents consisting of working drawings and specifications and setting forth in detail the architectural and engineering work required to result in a complete and fully functional Project. The Architect must provide all design documents required for regulatory approvals necessary to receive operating permits/authorizations and a certificate of occupancy (See ASTM Standard Practice E 1804-02, August 2002, Section 8.4 for guidance). b. Basis of Construction Documents. The Construction Documents must be based upon the Program. The Construction Documents must indicate, in detail, the requirements for the construction of the Project (including all on-site and off-site work). c. Conflicts. If there is any conflict between the Program and the Construction Documents, the Program shall prevail and govern, except in the following circumstances: (i) When the Program causes a code violation; or (ii) When the Program shows or calls for a result that, based on evidence presented to the City, will not function properly, will not be suitable for the purposes intended, or includes requirements for processes or equipment that are subsequently determined to be unsuitable; or (iii) When a change was made during the design and approval process that modified the City’s requirements. In such case, the Architect and the City must have approved this modification in writing. d. Free from Leaks. In accordance with the applicable Standard of Care, Architect shall design the work in a non-negligent manner such that the building will be free from leaks due to design. e. Specification Format. The Construction Specifications must be in the full Construction Specifications Institute (CSI) Division Three Part Format as established in the CSI Manual of Practice covering required materials, products and equipment, their installation and operation, quality assurances, reference standards and submittal requirements. The Construction Specifications must provide all supplemental information and requirements included but not elsewhere covered by the Contract Documents. f. Working Drawings. Working Drawings shall consist of those drawings necessary to describe the size and character of the Project and its design, construction, materials, finishes, fixtures, civil, structure, mechanical systems and electrical systems and other related work. The Working Drawings must include, where applicable, at least the following: (i) Civil Engineering documents to consist, at a minimum, of site plan, grading, storm drainage plan and profiles, hydrology study, erosion control, paving, fencing, site sanitary system, and site water system, utilities and construction details and specifications. The civil drawings shall coordinate with the plans and construction of the Highway 9 project as prepared by GDOT; (ii) Landscape and irrigation plans. Plan shall coordinate with the civil engineering and architectural documents and shall detail the type, size and placement of landscape material, meter, backflow prevention and irrigation lines. Plans shall detail the design and placement of all hardscape material and plaza layout. (iii) Architectural floor plans, exterior elevations, interior elevations, building sections, wall sections, reflected ceiling plans, interior and exterior details, door and finish schedules, and roof plans. All Architectural Floor Plans shall be at not less than 1/8" = 1' 0" scale, must be coordinated with all other disciplines and all required equipment, and must show all required partitions, partition types, doors and door numbers, windows, room names and numbers, dimensions and any other required notes and information for complete floor plans; (iv) Detailing and dimensions that comprehensively describe the design of the building and site development in a consistent and coordinated manner; (v) Wall sections and interior elevations at scales appropriate to illustrate with sufficient detail and clarity the intended work and thereby facilitate its construction; (vi) Reflected ceiling plans at the same scale as the respective floor plans. All reflected ceiling plans must be coordinated with all the engineering disciplines and must show all required ceiling lights, diffusers, access panels, returns, fans, smoke detectors and any other required devices on the ceiling. The architectural reflected ceiling plan takes precedence over all the other engineering plans in regards to fixture and device locations. Sprinkler head requirements shall be per NFPA requirements and coordinated with the reflected ceiling plan; (vii) Structural construction drawings and specifications, e.g. structural steel and cast-in-place concrete work, as well as for foundation reinforcing steel and any other structural elements, must include top of foundation elevation and complete structural details at not less than 1/2" = 1' scale; (viii) HVAC, plumbing, and fire protection layouts showing major equipment and mains as well as typical distribution branches, riser diagrams, supply and return grilles, fire dampers, and a schedule of plumbing fixtures valves, and all other "end product elements and features. All HVAC, plumbing and fire protection plans must be fully coordinated with the architectural floor plans and reflected ceiling plans. All such drawings shall be at not less than 1/8”= 1’0 scale; (iv) Electrical systems and separate signal and data/telecom conduit systems layouts, as well as riser diagrams for the building, and all other "end product" elements and fixtures. All electrical power and lighting plans must be coordinated with the architectural floor plans and reflected ceiling plans; and (x) Electrical site plans at not less than 1” = 50' scale. (xi) Any specialty products, materials and supplies specified by the Architect must be available. g. Trade Names. Where practical, the Architect should designate the physical properties of materials, products, or equipment and, where possible, use an ASTM number, a Commercial Standard, a Federal Specification number, or any recognized designation. Alternatively, the Architect may utilize manufacturer’s trade names and model numbers to specify the material, product or equipment. When specifying trade names and model numbers, it is the policy of the City to promote competition among manufacturers and suppliers. When specifying trade names or brand names to identify parts and components of the Work, the Architect shall specify a minimum of three products that fulfill the design requirements and level of quality, such designations then become the only authorized and acceptable products for that element of the work. Under no circumstance should the Architect include the words “or equal” in any specification or drawing. It is further the policy of the City that during the preconstruction phase and preceding the GMP Change Order, the Architect shall consider additional products of manufacturers as requested by bidders or Construction Professionals, which products after approval by the City then become part of the specifications. After execution of the GMP Change Order no further substitutions of specified products are allowable. h. CM/GC’s Responsibilities. The Architect shall not require the CM/GC to provide professional services that constitute the practice of architecture or engineering in the Construction Documents unless such services are proprietary for that portion of the Work or unless the CM/GC needs to provide such services in order to carry out the CM/GC’s responsibilities for construction means, methods, techniques, sequences, and procedures. The CM/GC shall not be required to provide professional services in violation of applicable law. If professional design services or certifications related to systems, materials, or equipment are specifically required of the CM/GC by the Contract Documents, the Architect will specify all performance and design criteria that such services must satisfy. i. Construction Documents Approval. The Architect shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design schedule, and update the projected construction schedule. The Architect shall meet with the City for the purpose of presenting and reviewing the Construction Documents including the updated schedule and a final Statement of Probable Construction Cost. The Architect shall obtain the written approval of the City of the Construction Documents before proceeding with the next phase. (See ASTM Standard Practice E 1804-02, August 2002, Section 8.4 for guidance on information which is generally contained in Construction Documents.) j. Issuance of Documents. Upon receipt of the review comments from the City, the Architect shall complete the Construction Documents for any Component Change Order or the final Construction Documents to respond to the review comments and furnish final copies to the City prior to release of Construction Documents for a Component Change Order. The Contract Documents for submission of proposals shall be bound into a Project Manual, including the Invitation to Propose, the RFQ, the RFP, Proposal Form(s), Contract Form, General Requirements, Supplementary General Requirements and, to the extent required, the Specifications. k. Building Information Modeling (BIM). Architect shall prepare a three-dimensional representation in electronic format of the physical and functional characteristics of the Project though the Level of Development 300 (“the Model”). The model shall include all architectural, MEP and structural components. Upon the completion of the Construction Document Phase, the Model shall be delivered to the City and shall become the property of the City, provided the City substantially performs its obligations, including prompt payment of all sums when due. The City shall not use or authorize any other person to use the Model on other projects. This conveyance shall not deprive the Architect of the right to retain electronic data or other reproducible copies of the Model or the right to reuse information contained in them in the normal course of the Architect’s professional activities. Notwithstanding any provision herein to the contrary, Architect shall retain its rights to all proprietary and/or standard elements contained within the Model, including Revit families and standard details generated, created or authored by the Architect for its repeated, regular and ongoing use in instruments of service for its clients. Moreover, the Architect does not convey any right in the software or databases used to generate the Model. The City agrees and acknowledges that the Model is not a substitute for the signed and sealed Contract Documents in printed, hard copy form issued by the Architect. The City further agrees that the only copies of Contract Documents that may be relied upon are limited to the printed, hard copies that are signed and sealed by the Architect. Moreover, information or data obtained or derived from the Model shall not be used to create Shop Drawings or other submissions; provided, however, they may be used as Shop Drawing backgrounds. In all cases the hard paper Construction Documents shall be given precedence in the event any discrepancies between the hard copy documents issued by the Architect and the Model. The Model and any other digital data furnished by the Architect are for the convenience of the CITY and for informational purposes only. The Model and any other digital data is being transferred “AS-IS” and maybe subject to undetectable alteration due to, among other causes, transmission, conversion, media degradation, software error or human error. Any use of the Model will be at the sole risk of the user and without liability, risk, or legal exposure to the Architect or our consultants. The CITY agrees to release the Architect, our consultants, and their partners, shareholders, agents and employees from and against any and all claims, demands, losses, expenses, damages, penalties, and liabilities of any kind, including, without limitation, attorneys’ fees and disbursements, arising out of or relating in any way to the subsequent use of or modification to the Model by the City, CM/GC, Subcontractor or City’s consultants. 6. CM/GC Construction Procurement Services. Assist The City. The Architect shall assist City, as requested, in obtaining proposals from qualified firms to act as CM/GC. The Architect shall advise and assist the City with respect to the preparation of documents necessary and appropriate for the process of selection of the CM/GC for the Project which may include assistance in the development of the criteria that will be used to evaluate the list of candidates for the CM/GC. 7. Pre-Construction Design and Related Services. The following services are to be provided by the Architect during the pre-construction period leading to issuance of any Component Change Order and the GMP Change Order. a. CM/GC Design Coordination Meetings. The Architect shall from time to time meet with the CM/GC and shall, with the City, attend scheduled meetings for the purpose of collaborating and coordinating the final design and Construction Documents. b. Coordination. The Architect, together with the City, is responsible for coordination and cooperation with the CM/GC for the design of the Project within the budgeted cost and schedule. The objective of the coordination is to assure that the design meets the Program in all respects, including but not limited to the following areas: (i) Cost containment and cost monitoring; (ii) Cost-effective decisions; (iii) Compatibility with City’s architectural standards. (iv) Consistency with the City’s expectations in the Program; (v) The appropriate provision of all necessary services and utilities; (vi) The necessary level of environmental review and documentation; (vii) That the City is kept fully aware of the progress of the project; (viii) That the project schedule is maintained; (ix) That construction quality assurance complies with the City’s Program; (x) That the Construction Documents are reviewed for constructability; and (xi) That all permits and approvals are obtained for occupancy by the City. c. Overall Project Schedule. The Architect shall assist the CM/GC with the development of a Construction Progress Schedule and an Overall Project Schedule for approval by the City of a realistic sequence of design, construction, and procurement activities necessary to achieve completion of design and commencement and completion of construction of the Project in accordance with the City’s Program. The Overall Project Schedule shall include, but is not limited to, the following: (i) a schedule for completion of Construction Documents for the entire Project; (ii) a schedule for the anticipated commencement and completion of construction and procurement activities under Contract Documents for each Component for which separate Component Construction Documents are to be prepared; (iii) a schedule showing the date by which the CM/GC anticipates CM/GC shall propose a GMP Change Order to the CM/GC Contract; (iv) a schedule showing the date by which the CM/GC anticipates CM/GC shall propose a lump sum price Change Order to the CM/GC Contract; (v) a schedule for approval times for shop drawings and submittals required of the CM/GC, keeping in mind that the CM/GC shall be instructed to take into account large submittal documents that will require longer review times, e.g., submittals with over fifty sheets of drawings; (vi) a schedule of dates for the submittal of approval documents to the City; d. Changes Prior to GMP Change Order. In the event the City proposes a change to the Program, the Architect shall review the proposed revision to determine whether the change requires a change in the GMP Cost Limitation. PART 2 - CONSTRUCTION CONTRACT ADMINISTRATION SERVICES 1. Overall Administration. This function covers the overall Project administrative duties performed by the Architect during the construction phase and includes the use of the Architect’s delegated authority to require that the CM/GC comply with the Contract Documents. It includes all duties that constitute the Architect’s administration of the Construction Contract. The Architect acknowledges that all definitions and terms of trade usage set forth in the General Requirements of the CM/GC Contract are incorporated into this Contract by reference. The CM/GC, however, shall be solely responsible for safety as well as the means and methods of construction. The Construction Contract administration services described in this Part are to be distinguished from the continuous services of the CM/GC and the services of a third party construction inspector or quality control specialist. 2. Duration. The Construction Contract administration services phase begins with the issuance of a Notice to Proceed of a CM/GC Construction Services Contract for the construction services portion of the work (not for preconstruction services) and is concerned with both office and field professional services required to direct the Construction Contract administration. The Construction Contract administration services of the Architect shall commence upon receipt of a letter from the City requesting the Architect to proceed and shall continue until completion of the project. 3. Cost Control Prior to GMP. At appropriate intervals prior to agreement on the GMP Change Order, the Architect shall review the Construction Cost Estimate provided by the CM/GC and with the CM/GC develop the Reconciled Construction Cost Estimate, consisting of a composite of the Architect's Estimate of Probable Construction Cost and the CM/GC's Construction Cost Estimate, each separately derived and each based upon the Program and design documents prepared by the Architect. If at any time the Architect's Estimate of Probable Construction Cost and the Construction Cost Estimate of the CM/GC, are, in the City's judgment, not reconcilable or exceed corresponding Components of the Project Budget, the City, the Architect and the CM/GC shall confer to resolve such differences; and if such differences cannot be resolved, to recommend to the City such actions as may be necessary or appropriate to resolve such differences. 4. Site Visits. During the Construction Administration phase, the Architect and its professional consultants shall make Site Visits to the project site to discharge their professional obligations. The Architect shall submit, for review and approval of the City, a schedule of anticipated site visits, for each design discipline, that is compatible with the approved construction schedule. The number of site visits during construction that have been included as part of Scope of Work are set forth in Exhibit “B.1”. Additional Site Visits shall be treated as Additional Services, except that additional Site Visits caused by any negligent error or omission of the Architect shall be part of Scope of Work and shall not be an Additional Service. Additional Site Visits caused or necessitated by unforeseen construction conditions or non-compliant Work of the CM/GC shall normally be approved by the City. 5. Accessibility. The Architect shall designate a readily accessible representative (either on Site or by computer, phone, fax, or otherwise) who shall have authority promptly to convey decisions and to furnish information required of the Architect. 6. Basic Office Services. The basic office services performed during the construction phase include: (i) Administering the construction contract, (ii) Monitoring the status of City’s construction funds, (iii) Requiring receipts from all known subcontractors and all known suppliers (1) if Architect has evidence of delinquency on the part of the CM/GC in making payments or (2) if it is requested to do so by the City, (iv) Recommending withholding payments to the CM/GC, as appropriate, (v) Issuing certificates of payments, (vi) Reviewing and commenting on shop drawings and submittals for conformance with design intent, (vii) Making revisions, corrections or clarifications to the Contract Documents by bulletins or Change Orders, (viii) Maintaining correspondence and records, (ix) Performing associated clerical services, (x) Reviewing / evaluating and processing of Change Order requests and claims. (xi) Issuing Change Orders as described in the General Requirements for changes in the work (No changes in the Contract Documents shall be made except with the prior written consent of the City.), (xii) Responding to all RFI’s (Requests For Information), (xiii) Executing all other duties required of the Architect in the General Requirements, (xiv) Reviewing the certificates, manuals and guarantees assembled by the CM/GC as provided in the Contract Documents, (xv) Recommending acceptance of the completed project. 7. Basic Field Services. The professional services performed during the construction administration comprise on-site observation, evaluation, and documentation by the Architect and its consultants to identify nonconformity of the work with the Contract Documents. In addition, the Architect shall observe and document appropriately any compliance concerns with agreed construction schedules, the superintendence of the work, and the qualifications of skilled workers. g. Observations, Evaluations and Documentation. A principal of the Architect’s firm and/or approved Architect subcontractor consultant firm, or a qualified employee of each firm approved by the City shall perform observations, evaluations and documentation. The Architect shall not knowingly certify Work for payment that has been improperly installed. The Architect shall engage registered professional consultants licensed in the State of Georgia to make periodic observations and evaluations and a final observation and evaluation of the work and to assist in its administration of the construction contract. The Architect shall not accept, authorize the covering of, or certify for payment Work in a field or trade in which the Architect is not skilled and competent, except upon the personal advice and written approval of said consultants. The Architect shall arrange, as a part of its services, for registered professional consultants responsible to the Architect to make periodic observations and evaluations and to advise the City in writing from time to time and as the work progresses, as to the concurrence on the part of the consultants in (i) the accepting, (ii) the consenting to the covering of, and (iii) the certifying for payment of Work in their fields of practice. The Architect is fully responsible for any Work designed, approved, certified, or accepted by its consultants the same as if the said Work were designed, approved, certified, or accepted by the Architect. Once a month a written report shall be submitted to the City apprising it of the progress and condition of the Work. h. Construction Progress Meetings. The Architect shall attend construction progress meetings periodically held by the CM/GC at the job site on a schedule determined by the CM/GC. The Architect shall review the minutes of the meeting and provide its written comments to the minutes to the City and CM/GC within seven (7) calendar days after the meeting. i. Contracts with Consultants. Upon demand of the City, the Architect shall furnish the City a copy of each contract between the Architect and its consultants, and such contracts must indicate (i) completely, definitely and clearly the Construction Contract administration services to be performed by the consultants, and (ii) bind the consultant to the terms of this Contract which apply to the services of the consultants. j. City’s Quality Control Inspector. When desired by the City, a quality control inspector may be engaged by the City and paid or reimbursed by the City. The individual or firm shall be one to whom the Architect has no reasonable Objection. k. Component Change Orders. When the use of a Component Change Order and Component Construction Documents are contemplated, the Architect shall request that the CM/GC submit a Component Change Order under the CM/GC’s Agreement for the construction or procurement of the Component under the Component Construction Documents. Upon receipt of the proposed Component Change Order, the Architect shall review the proposed Component Change Order to determine its compliance with the CM/GC Contract. l. The Architect shall issue Component Construction Documents meeting the following minimum criteria: (i) The Component Construction Documents shall reasonably show the intent of the Work to be accomplished; (ii) The Component Construction Documents shall be sufficient for the CM/GC to price the Work; (iii) The Component Construction Documents shall meet all regulatory and Fire Marshal requirements; and (iv) The Component Construction Documents shall be sufficiently detailed to preclude the necessity for rework as the Construction Documents proceed to 100% completion; and (v) The Component Construction Documents shall be stamped by the licensed/registered Architect of record or his/her licensed/registered engineering consultant. m. With respect to any Component Change Order proposed prior to the execution of a GMP Change Order, Architect shall recommend to the City approval or disapproval of the Component Change Order. With its recommendation, Architect shall (i) provide to City any analysis of the Component Change Order price as it relates to Estimates of Probable Construction Cost submitted by the Architect and to the GMP Cost Limitation, and (ii) recommend to City the amount to be established by City as an City's contingency reserve with respect to the work governed by the Component Change Order if the Component Change Order is approved by the City. If the proposed Component Change Order proposes a price for the work governed by the Component Construction Documents to which the proposed Component Change Order relates which materially exceeds the Architect's Estimate of Probable Construction Cost corresponding to such work, the Architect shall recommend such corrective action, if any, which the Architect shall deem necessary or appropriate such that the Project Cost shall not exceed the GMP Cost Limitation. n. The GMP Change Order. The Architect is responsible for coordinating the development of a framework for negotiating the guaranteed maximum price (GMP) and, if appropriate the subsequent lump sum contract with the CM/GC. These duties include, but are not limited to: (i) Monitoring the GMP and/or lump sum contract on behalf of the City and taking appropriate actions to require that the CM/GC maintains consistency with the terms and conditions of the contract(s). (ii) Monitoring construction activities to require consistency with the Program’s project and quality specifications expectations. (iii) Maintaining an on-site presence and accessibility (e.g., telephone, facsimile) through a qualified representative during all construction activities to assist in clarifying design or construction issues where the City’s input is required, and in general, assuring the City that the project is well and duly constructed. o. Processing the GMP Change Order. When the Construction Documents for the entire project reach the stage of completion at which the CM/GC is required to propose a GMP Change Order, the City shall request the CM/GC to submit a GMP Change Order under the CM/GC’s Agreement for the construction of the entire Project under the Construction Documents. Architect shall confer with CM/GC in CM/GC's development of a GMP Change Order proposed in connection with those matters that affect the services of the Architect under this Agreement. Upon receipt of the proposed GMP Change Order, Architect shall review the proposed GMP Change Order to determine its compliance with the Program and the CM/GC’s Agreement and shall recommend to the City approval or disapproval of the GMP Change Order. With its recommendation, Architect shall: (i) Provide to City any analysis of the GMP Change Order price as it relates to the prior Estimates of Probable Construction Cost submitted by the Architect and to the GMP Cost Limitation; (ii) Shall recommend to City the amount to be established by City as an City's contingency reserve with respect to the work governed by the GMP Change Order if the City approves the GMP Change Order; (iii) Shall determine whether the proposed GMP Change Order is consistent with the CM/GC’s Agreement, including the Project Schedule to the extent any changes to the Project Schedule proposed by the GMP Change Order affects the activities of the Architect under this Agreement and, if there is a variance, whether Architect agrees to such variance; and (iv) Shall determine whether the proposed GMP Change Order and the assumptions on which it is based are consistent with the Program or subsequent revisions, prepared by the Architect and theretofore approved by the City. p. If the GMP Change Order proposes a Guaranteed Maximum Price which, taking into account recommended contingency reserves, exceeds the GMP Cost Limitation for construction of the Project, Architect shall recommend such corrective action which the Architect believes is necessary to reduce such price so that it is within the GMP Cost Limitation or which is necessary to alternatively procure such work. If the City agrees to a Guaranteed Maximum Price that exceeds the GMP Cost Limitation, then the GMP Cost Limitation shall be thereafter equal to the Guaranteed Maximum Price but there shall be no increase in the compensation of Architect under this Agreement as a result of such change to the GMP Cost Limitation. q. If the GMP Change Order is based on a design prepared by the Architect on behalf of the CM/GC which has not been approved by the City or upon assumptions concerning such design, said assumptions having not been approved by the City, the Architect shall identify such design or assumptions that require City's approval. r. In accordance with the Standard of Care, the Architect shall issue GMP Construction Documents meeting the following minimum criteria: (i) The GMP Construction Documents shall reasonably show the intent of the Work to be accomplished; (ii) The GMP Construction Documents shall be reasonably sufficient for the CM/GC to price the Work; (iii) The GMP Construction Documents shall be designed to meet all regulatory and Fire Marshal requirements (Refer to the City’s Instructions to Architects for Fire Marshal permit approval requirements); (iv) The GMP Construction Documents shall be sufficiently detailed as is consistent with their percentage of completion to preclude the necessity for unreasonable rework as the Construction Documents proceed to 100% completion; and (v) The GMP Construction Documents shall be stamped by the licensed/registered Architect of record or his licensed/registered engineering consultant s. Upon approval of the GMP Change Order, the City will issue to the CM/GC a Notice to Proceed. t. Upon approval by the City of the GMP Change Order, any revision of the Project Schedule proposed thereby shall be incorporated into this Agreement and shall govern the schedule of activities of the Architect. u. Upon approval by the City of the GMP Change Order, the Architect on behalf of the CM/GC shall complete its design of the Project. This design shall include Construction Documents, developed in accordance with the basis stated in the GMP Change Order. v. Monitoring CM/GC Performance. The responsibility of Architect for administering the Construction Contract is not affected in any respect by the presence of a contract compliance specialist at the site or by inspections by other employees or contractors of the City. The Architect agrees that its responsibility for approving, accepting, consenting to the covering of, and certifying Work for payment is not shared with employees or other contractors of the City. If a contract compliance specialist or quality control inspector has been assigned to the Project, the Architect shall direct same to enter into its Project diary the date on which the Architect approves or consents to covering of given Work together with precise identification of the Work. w. Responding to the CM/GC. (i) Requests for Information (RFI). The Architect will review and respond with reasonable promptness, normally five (5) business days from receipt, to properly prepare any reasonable requests from the CM/GC for additional information about the Contact Documents. The Architect shall prescribe the format for such requests and shall instruct and assist the CM/GC in adhering to this format. (ii) Supplemental Drawings. The Architect shall prepare all supplemental drawings to the Contract Documents as required for the successful completion of the Project or as requested by the City. The Architect agrees it will not issue any verbal or written orders for omission from, additions to, or changes in the CM/GC Contract until approved in writing by the City. Provided, however, that any supplement drawings or additional services necessitated by decisions of the City not rendered in a timely manner, any other failure of performance on the part of the City or the City’s consultants or GC/CM (to include faulty, defective and/or nonconforming Work) or substitutions approved by the City during the Construction Phase shall be compensated as an Additional Service. x. Evaluations of the Work. (i) Site Visits. The Architect shall see that it and its consultants make field observations and evaluations as called for in this Contract and during the critical phases of construction. To the extent practicable for visits not on the schedule, the Architect shall provide advance notice to the City of its site visits and by its consultants. The services of the Architect’s field representative, if any, shall not be utilized for checking shop drawings unless the field representative is an licensed architect of the firm or has a specific approval of the City. The Architect shall maintain a log of all its visits to the site and by its consultants. The Architect shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Work, and shall not be responsible for a CM/GC’s failure to carry out the work in accordance with the Contract Documents. However, when the Architect observes the CM/GC failing to execute the Work in accordance with the Contract Documents, the Architect shall promptly notify the CM/GC in writing of all such deficiencies and shall issue such notices of Non-Compliant Work it deems appropriate, including, when necessary to avoid damage to the Work, issuing a stop work order over such part of the Work as is necessary. The Architect shall promptly inform the City of all such actions, including copies of all notices and back up documentation. (ii) Deviations from the Contract Documents. The Architect shall report known deviations from the Contract Documents and the construction progress schedule to the City and the CM/GC through site observations and evaluations appropriate to the stage of completion of the work or as otherwise agreed to by the City. The Architect shall issue Notices of Non-Compliant Work for nonconforming work. The Architect is responsible for its acts and its consultants, but shall not have control over and shall not be responsible for the acts or omissions of the CM/GC, subcontractors or their agents or employees. y. Certification of Payments to the CM/GC. (i) Issuance of Certification. Based on project site observation, the Architect shall review the CM/GC’s Application for Payment and determine the amount owed to the CM/GC and shall certify the CM/GC's Application and Certificate for Payment. Such issuance shall constitute a representation by the Architect to the City that to the best of the Architect’s knowledge, information or belief, the Work has progressed to the point indicated, and that the quality of Work is in accordance with the Construction Documents, and that the CM/GC is entitled to payment in the amount requested. If the Architect declines to certify all or a portion of the amounts requested by the CM/GC, it shall state the reasons therefore, in its certification, and shall provide written notice to the CM/GC of the same. When requested by the City, the Architect shall require lien waivers prior to approving the CM/GC’s Application for Payment. (ii) Record. The Architect shall maintain a record of the CM/GC’s Applications for Payment. (iii) Advice on Construction Progress. To each Application for Payment forwarded to the City, the Architect shall attach its advice on construction progress, in the format (if any) provided in the CM/GC Forms Packet, and provide a copy to the CM/GC. z. Submittals. (i) The Architect’s Review. Within fourteen calendar days from receipt, the Architect shall review and give comment or approval regarding the submittal schedule as detailed in the CM/GC’s General Requirements. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant. The Architect shall then review, approve, or take other appropriate action with respect to shop drawings, samples, or other submissions of the CM/GC, including, but not limited to, confirmation of conformance with the design concept of the Project and with the Contract Documents. The Architect shall respond to the CM/GC and return said items to the CM/GC within fourteen calendar days from receipt, provided that the CM/GC submits the submittals in accordance with the required submittal schedule. In establishing the Submittal Schedule the CM/GC shall be instructed to take into account large submittal documents that will require longer review times, e.g., submittals with over fifty sheets of drawings. (ii) Record. The Architect shall maintain a record of submittals and copies of submittals supplied by the CM/GC. (iii) Re-submittals. The Architect shall be responsible for an initial submittal review and one re-submittal review. Where the re-submittal is not accepted due to noncompliance with the specifications, the CM/GC shall be responsible for payment of the additional time required by the Architect to complete the submittal review. (iv) The Architect shall not redesign, add or change scope on submittals without first requesting a change request and approval by the City. aa. Changes in the Work after the GMP Change Order. (i) The Architect’s Review of Change Orders. The Architect shall review and submit for approval of the City, Change Orders to the CM/GC Contract, as conditions warrant, utilizing the forms provided in the CM/GC General Requirements. If the Change Order is City-directed, the Architect shall coordinate the preparation of the Change Order with the CM/GC. (ii) Determination of Cost. The Architect shall review the CM/GC’s proposed cost of the work, time to complete, effect upon the construction progress schedule, and effect upon time dependent costs, and provide appropriate comments within 14 calendar days concerning such proposed costs and expenses. (iii) Approval of the City. The Architect shall order no changes in the Work without the approval of the City. (iv) Advice on Construction Progress. To each Change Order which grants an extension in the Contract Time, the Architect shall attach its advice on construction progress, in the format provided (if any) in the CM/GC Forms Packet, and provide a copy to the CM/GC. bb. Project Completion. (i) Inspection for Material Completion. Material Completion is specifically defined in the General Requirements and all references to substantial completion or the concept of substantial completion are deleted and of no force and effect in the Contract Documents except as substantial completion may be determined by a judge. The Architect shall cooperate with the CM/GC in preparing for and implementing the Inspection for Material Completion, and shall conduct and document its inspections and evaluations for Material Completion within ten business days from notice of request. Upon successful completion of the Inspection for Material Completion the Architect shall issue a Certificate of Material Completion. The Certificate of Material Completion shall include the Final Punch List that shall specify each item that constitutes either a Minor Item or Permitted Incomplete Work and shall additionally specify a value for each. It is the responsibility of the Architect to have its representative and representatives of its major consultants present for the inspection and evaluation for Material Completion. Otherwise, the inspection and evaluation will be canceled and rescheduled at the Architect's expense. The Architect who executes the Certificate of Material Completion must be the person who has executed the Architect’s Contract or its successor. (ii) Payment for Material Completion. Upon receipt of the Certificate of Material Completion, the CM/GC may make Application for Payment for Material Completion (which includes retainage). Before certifying such payment, the Architect shall withhold from the amount certified 200 percent of the value of each Minor Item or Permitted Incomplete Work and shall require the CM/GC to provide the Final Affidavit, the Non-Influence Affidavit, and supporting documentation called for in the General Requirements. If the CM/GC has shown any exceptions on the Final Affidavit, the Architect shall also make appropriate deductions to the Certificate of Payment. (iii) Final Inspection and Evaluation. Upon receipt of the request for Inspection for Final Completion, the Architect shall conduct and document its inspections and evaluations for Final Completion. The Architect shall confirm that the Final Punch List and all Minor Items and Permitted Incomplete Work are successfully accomplished. Upon successful completion of such inspection, the Architect shall certify to the best of its knowledge and belief to the City that the Project has been completed in compliance with the Contract Documents. The Architect then shall issue to the City and to the CM/GC a Certificate of Final Completion. The Architect who executes the Certificate of Final Completion must be the person who has executed the Architect’s Contract or its successor. (iv) Final Payment. Upon issuance of the Certificate of Final Completion and receipt of an application for Final Payment, the Architect, shall certify Final Payment for the funds withheld at Material Completion. (v) Effect of Certificates. Neither the issuance of any certificate as to any Application for Payment, achievement of Material Completion or Final Completion, or certification of any payment by the Architect, nor any other provision in the Contract Documents, shall relieve the CM/GC of the responsibility for faulty materials or faulty workmanship. cc. Record Drawings, Final Documents and Closeout Services. (i) Record Drawings and Final Documents. The Architect shall, upon final completion of the Project, revise the original drawings and specifications based upon documents incorporated by Change Orders, additional sketches, answered RFI’s and marked up documents provided by the CM/GC to show the project as built. The Architect shall furnish and deliver to the City after the entire work is completed, and not later than sixty (60) calendar days after execution of its Certificate of Final Completion, the Record Drawings. (Record Drawings and Final Documents shall reflect all changes caused by addenda, field changes, Change Orders or observed changes by the Architect, the CM/GC or the subcontractor(s) to the extent such CM/GC or Subcontractor observations are communicated in writing to the Architect. The Architect shall furnish the City, at no additional cost, all files in PDF format, or other approved equal, to include a set of specifications, complete with all addenda and authorized Change Orders and the Record Drawings and Final Documents showing the Architect’s understanding of the locations of all utility lines and shall be altered to conform to all changes made in the building during its construction. The Architect shall furnish additional copies of the aforesaid documents or reproducible documents as requested by City, for which the City shall pay the actual cost of reproduction. (ii) Review of Operating Instructions. The Architect shall review and confirm that all equipment and systems operation and maintenance manuals provided by the CM/GC are in compliance with the Specifications and shall forward to the City all equipment and systems operation and maintenance manuals provided by the CM/GC in compliance with the Specifications. (iii) Cooperation with Facility Operation and Training Services. The Architect shall cooperate with the CM/GC to provided operations instructions and training for the City’s facilities personnel to include normal operation of all building systems, emergency operations, and normal maintenance operations. (iv) Facility Observation and Evaluation - Warranty Services. The Architect shall observe and evaluate the function of building systems during the warranty period to identify actual and potential warranty items, as well as any deficiencies or defects that require correction. Reports shall be rendered in sufficient time for the City to secure corrections under applicable warranties. EXHIBIT “B.1” SCOPE OF WORK AND PRICING FROM ARCHITECT’S PROPOSAL EXHIBIT “C” Insurance. (1) Requirements: Architect shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by Architect, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Architect shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Valuable Papers and Records Coverage of at least $500,000 (Five Hundred Thousand Dollars). (d) Professional Liability of at least $2,000,000 (two million dollars) limit for claims arising out of professional services and caused by Architect's errors, omissions, or negligent acts. (e) Workers' Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Architect is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Architect must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Architect shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (f) Commercial Umbrella Liability Coverage in the amount of $5,000,000 (five million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, and Employers’ Liability. (g) If higher limits are maintained by Architect than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Architect. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Architect; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Architect; products and completed operations of Architect; premises owned, leased, or used by Architect; automobiles owned, leased, hired, or borrowed by Architect. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Architect to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Architect's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Architect's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Architect's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Architect for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Architect under the terms of this Agreement. (b) Workers' Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Architect for City. (c) All Coverages. (i) Insurer Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be reduced, suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) If higher limits are maintained by Architect than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Architect. (5) Acceptability of Insurers: The insurance to be maintained by Architect must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Architect shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Architect shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Architect is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Architect’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Architect shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Architect’s Duty to Provide Notice: Architect shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Architect shall require the same notice to the City in all subcontractor contracts, as applicable. (8) Subcontractors: Architect shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds; provided, however, the limits of the Professional Liability insurance may be adjusted in accordance with the nature of each Consultant’s services, as long as a commercially-reasonable amount of insurance protection is provided. (9) Claims-Made Policies: Architect shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (11) Progress Payments: The making of progress payments to Architect shall not be construed as relieving Architect or its subcontractors or insurance carriers from providing the coverage required in this Agreement. EXHIBIT “D” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor Milton Court/Police and Fire Facilities Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “E” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Cooper Carry, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub- subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Milton Court/Police and Fire Facilities Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number: 16-PW09 RFQ Title: State Route 9 Court-Police and Fire Facilities Due Date and Time: August 2, 2016 Local Time: 2:00 p.m. EST Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: July 7, 2016 City of Milton City Manager’s Office 13000 Deerfield Pkwy, Suite 107 Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Mark Face of Envelope/Package: RFQ Number: 16-PW09 Name of Company or Firm Special Instructions: Deadline for Written Questions July 19, 2016 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFQ RESPONSE Table of Contents Topic Page 2 | RFQ 16-PW09 TABLE OF CONTENTS Consultant’s RFQ Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFQ Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Evaluation Criteria Section 6: Standard Contract Information Standard Contract 3 | RFQ 16-PW09 CONSULTANT’S RFQ CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFQ for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFQ and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFQ. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFQ. All addenda issued for an RFQ are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFQ. 5._______Follow the format required in the RFQ when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFQ addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFQ. If so, you must submit a signed cover sheet for each addendum issued along with your RFQ response. 9. _______Review and read the RFQ document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant’s Response. 4 | RFQ 16-PW09 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH QUALIFICATIONS This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFQ package when it is submitted. Name of Consultant __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFQ 16-PW09 MUST BE RETURNED WITH QUALIFICATIONS CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milt on has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only w ith subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 6 | RFQ 16-PW09 SCHEDULE OF EVENTS Task Date Issue RFQ July 7, 2016 Deadline for Questions July 19, 2016 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, July 22, 2016 Qualifications Due By 2:00 p.m. EST on August 2, 2016 Interview Firms (if necessary) Week of August 29, 2016 (proposed) Award Contract October 18, 2016 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 7 | RFQ 16-PW09 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting Statements of Qualifications (SOQ) from qualified consultants to provide architectural design and construction administration services of the development of the new Court-Police and Fire facilities on State Highway 9. All Consultants must comply with all general and special requirements of the RFQ information and instructions enclosed herein. The City intends to select a single consultant team that demonstrates the level of expertise to design these types of facilities and to provide all of the required services through the Qualification Based Selection process. The selected firm will be expected to provide services in accordance with the proje ct schedule established by the City of Milton. 1.1 SINGLE POINT OF CONTACT From the date this Request for Qualifications (RFQ) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected official s regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFQ. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFQ and promptly notify the procurement office identified above via e -mail of any ambigui ty, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFQ. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFQ must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on July 19, 2016 . Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 8 | RFQ 16-PW09 C. City’s Answers. The City will provide an official written answer to all questions on or about July 22, 2016. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFQ at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Consultants must sign and return any addendum with their RFQ response. D. Standard Contract. By submitting a response to this RFQ, Consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the consultant’s RFQ response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant’s ability to respond to the RFQ or perform the contract. The City reserves the right to address non - material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFQ and will apply to all consultants submitting a response to this RFQ. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant’s RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING QUALIFICATIONS Consultants must organize their qualifications into sections that follow the following format. For the purposes of the RFQ, the term “company” shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. 9 | RFQ 16-PW09 The term “consultant” shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime “company” and “consultants”. A. Submittal Requirements. Qualifications shall include the following: 1. City of Milton Request for Qualifications cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. Qualifications shall be: a. Maximum of ten (10) single sided pages (five pages if double- sided) b. Minimum of 11 point font c. Stapled or spiral-bound. No binders 4. And shall contain the following minimum information: a. Cover letter - introductory remarks and qualification summary - no longer than one page. b. Project Staffing i. Company profile listing: name, address, year established, type of ownership, size of company and staff, and an organization chart. If company has multiple offices, please list where the work for this project will be performed. ii. Information about the overall makeup of the project team, including: the identity of all key personnel, a description of their respective responsibilities and duties, and each team members experience with similar projects. Identify any previous projects on which members of the proposed team have worked together. iii. Should the firm be selected to participate in an interview, the Company’s designated project manager must be present to present the firm’s qualifications and take the lead in answering questions. iv. Information about any consultants to be included on the team. Identify consultant company name, address, telephone number, contact person, names and job 10 | RFQ 16-PW09 descriptions of key personnel. Identify consultants experience with municipal government projects. c. Qualifications of the Team i. Company’s experience working with brand implementation, website design and graphic design in municipal government. ii. Summary of at least three (3) similar engagements or projects for which the Company was responsible within the past five (5) years. d. Project Delivery i. Current company workload and ability to perform work for this project. e. Miscellaneous i. Listing of any pending or settled lawsuits or professional liability claims in which any member of the design team was involved during the past ten (10) years. ii. Additional information the respondent believes to be relevant to the selection efforts of the City. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFQ format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Qualifications. One original and five (5) copies of each submittal (plus a CD) should be provided to the City. Qualifications must be received at the receptionist’s desk in Suite 107F prior to 2:00 PM, local time, August 2, 2016. Emailed responses to requests for qualifications are not acceptable. Qualifications will be presented at approximately 2:05 pm and names of consultants will be announced. D. Late Qualifications. Regardless of cause, late Qualifications will not be accepted 11 | RFQ 16-PW09 and will automatically be disqualified from further consideration. It shall be the consultant’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late Qualifications will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFQ, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. 1.6 COST OF PREPARING QUALIFICATIONS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent presentations of the qualification as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their qualifications. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFQ become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and consultant resulting from this RFQ process. 12 | RFQ 16-PW09 SECTION 2: RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ is issued under the authority of the City of Milton. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF QUALIFICATIONS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFQ, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and (4) other constitutional protections. B. Procurement Officer Review of Qualifications. Upon opening the submittals received in response to this RFQ, the procurement office will review the qualifications and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared 13 | RFQ 16-PW09 to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF QUALIFICATIONS A. Initial Classification of Qualifications as Responsive or Nonresponsive. Qualifications may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFQ; or the qualification is not within the specifications described and required in the RFQ. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Qualifications. The evaluation committee will evaluate the remaining qualifications and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive qualifications will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFQ responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Qualifications. Selection and award will be based on the consultant’s qualifications and other items outlined in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may resul t in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. 14 | RFQ 16-PW09 After receipt of all qualifications and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFQ response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFQ, issuance of the RFQ in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the 15 | RFQ 16-PW09 right to: 1. Modify, cancel or terminate this RFQ, 2. Reject any or all qualifications received in response to this RFQ, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFQ submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 | RFQ 16-PW09 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION The project location 13690 State Highway 9. The City of Milton’s principal address is 13000 Deerfield Parkway, Milton, GA 30004. 3.1 GENERAL The City of Milton is proposing to develop a new Court-Police and Fire facility on a 3.70 acre tract that the City currently owns on State Highway 9 in Milton. The City intends on occupying the facility by January 2019. The selected consultant must be able to demonstrate the ability to meet this project schedule. The City has performed some preliminary programming and anticipates the facility will consist of a 19,000 sf single story Court and Police building and a separate 13,000 sf, 3 bay Fire station with Fire administrative services. Infrastructure improvements will include parking, utilities and stormwater management. The site currently has a joint use access driveway with Cambridge High School. The consultant will be expected to coordinate all design and construction activities with the Georgia Department of Transportation’s project to widen State Highway 9. The City anticipates the project delivery method to be a CM @ Risk format with an estimated construction budget of $10,000,000. The City may consider the use of LEED standards during the design process, and the consultant will be asked to make recommendations and to provide cost differentials for consideration and approval. Energy modeling will be required for the buildings. 3.2 SCOPE OF SERVICES The City seeks a consulting company that can provide the following services: 1. It shall be the consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed project must comply with all applicable local, state, and federal environmental laws and regulations. 2. The selected consultant shall assist the City in the selection of contractor. This may include, but not be limited to, the development of bid or proposal documents. 17 | RFQ 16-PW09 3. The City intends to provide the programming and conceptual elevations and floor planning to the selected consultant. The consultant will be expected to work with staff to develop the full construction documentation in support of the conceptual plans and program. 4. The Scope of Services may include, but are not limited to, the following: a. Confirmation of project programming, b. Site plan development, c. Development of floor plans and operational features, d. Schematic design development, including structural elevations and landscape design, e. Preparation of construction documents and specifications utilizing BIM, including necessary civil, landscape, irrigation and site lighting plans. f. Development of detailed project schedules and cost estimates, g. Assistance during bidding and construction, h. Construction monitoring and support, i. Shop drawing review and approval, j. Coordination and preparation of change orders, k. Project meeting coordination and minutes preparation, l. Minimum of one (1) meeting on site per week during construction phase, m. Internal and regulatory agency project approval coordination. It is anticipated that Sub-consultants may be needed for: Electrical Engineering, Mechanical Engineering, Structural Engineering, On and/or Off Site Utility Services, Fire Protection Engineering, Physical Facility Security Engineering, Landscape/Irrigation Design, Civil Site Design, Geotechnical, IT and Audio Visual Design, 18 | RFQ 16-PW09 Interior Design, Consultant shall identify during contract negotiations any other sub-consultants that may be necessary or prudent for the City to consider in the development of the construction documents. 19 | RFQ 16-PW09 SECTION 4: CONSULTANT QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFQ should be able to demonstrate experience in the areas described in Section 3. 20 | RFQ 16-PW09 SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA – Phase 1 The evaluation committee will review and evaluate the qualifications according to the following criteria: A selection team for the City will initially evaluate and score all submittals received. Qualifications not meeting the minimum requirements and those who are non-responsive will not be considered. Submittal Evaluation Criteria Project Staffing 30 pts Education and experience of the assigned staff Key personnel’s level of involvement Quality and experience of consultant and sub-consultants Proximity and availability of key personnel Qualifications of the Design Team 30 pts Organization strength and stability Experience and technical competence on similar projects Previous experience as a design team Proximity and availability of key personnel Project Delivery 25 pts Quality of final work product Flexibility of the consultant to operate successfully within various work environments Ability to meet schedules Overall Fit of the Firm and its Key Team Members to the Project 15 pts Ability of the firm to instill Committee confidence in the firm’s understanding of the project requirements Firm’s communication and problem solving methods and abilities. Previous experience with City of Milton projects **Additional Scoring (Phase 2) will be offered solely to those consultants shortlisted for the Presentation/Interview Evaluation Process ** 21 | RFQ 16-PW09 SECTION 6: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFQ. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant’s RFQ response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFQ and any addenda, the consultant’s RFQ response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 6.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub-consultants. All sub-consultants, if any, must be listed in the qualifications. The City reserves the right to approve all sub-consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub-consultants or agents and of persons directly or indirectly employed by such sub-consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFQ shall create any contractual relationships between any subcontractor and the City. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 22 | RFQ 16-PW09 insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 6.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-consulting by the Consultant subjects sub-consultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 6.6 CONTRACT TERMINATION See sample contract. A-1 | RFQ 16-PW09 1 APPENDIX A Sample Contract ARCHITECTURAL SERVICES AGREEMENT [PROJECT NAME] This Architectural Services Agreement (the “Agreement”) is made and entered into this ___ day of ____, 20___ [INSERT DATE] (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the “City”), and ____________________________ [INSERT CONTRACTOR NAME], a _____________________ [INSERT STATE WHERE CONSULTANT ENTITY WAS FORMED (E.G., GEORGIA) AND THE TYPE OF ENTITY (E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ETC.)] (hereinafter referred to as the “Consultant”), collectively referred to herein as the "Parties”. WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain architectural services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training in the field of architecture are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience as an architect to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Wo rk. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Contract Documents A-2 | RFQ 16-PW09 2 I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Architectural Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Basic Services Exhibit “E” – Contractor Affidavit Exhibit “F” – Subcontractor Affidavit Exhibit “G” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as architectural and consulting services in fulfillment of City needs, requirements, and/or obligations for the design of the __________________________ [INSERT NAME OF FACILITY]. C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work and the Basic Services provided in Exhibits “C” and “D” respectively, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibits “C” and “D”, the Work includes all material, labor, insurance, tools, equipment, transportation, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work or of the Project as a whole. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate after the timely completion of the construction of the Project and applicable warranty periods (provided that certain obligations will survive termination/expiration of this Agreement). A final, bid-ready set of plans shall be prepared and submitted to the City ________________________ [on or before (EXPECTED DATE OF COMPLETION OF PLANS)] / [in accordance with the schedule set forth in Exhibit “C”]. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term [ □ unless this box is checked, in which case the Agreement shall terminate absolutely and without further obligation on the part of City at the end of City’s fiscal year each year of the Term], and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year [ □ unless this box is checked, in which case the Agreement shall automatically renew on the first day of each subsequent City fiscal year of the Term] absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year [or fiscal year, as applicable]. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. A-3 | RFQ 16-PW09 3 B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No c laim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall n ot result in a variance in price exceeding ten percent of the original contract amount. E. Change Orders Caused by Consultant. Notwithstanding any other provision in this Contract to the contrary, the Consultant shall receive no fee for Change Orders caused by the Consultant’s error or failure to comply with the applicable standard of care. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if app licable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. The approval or payment of any such invoice shall not be considered to be evidence of performance by Consultant to the point indicated by Consultant on such statement, or of acceptance by the City of the services enumerated in such statement. In the event that the City becomes credibly informed that any representations of the Consultant rega rding payment are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy, and the cause thereof, is corrected to the City’s reasonable satisfaction. Within thirty (3 0) days of receipt of each payment from the City, Consultant shall promptly pay all fees owed to subcontractors and provide the City with written certification of same on a monthly basis. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $________________________[INSERT MAXIMUM CONTRACT PRICE] (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon ____________ [SPECIFY HOURLY RATE, FLAT FEE, OR OTHER BASIS]. [IF A-4 | RFQ 16-PW09 4 CONTRACTOR HAS PROVIDED BREAKDOWN OF CHARGES BY STAGE OR TYPE OF SERVICE, STATE THIS HERE.] C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Projec t, and reimbursement for costs incurred shall be limited as follows: [CHECK ONE] □ There shall be no reimbursement for costs. □ Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed ______________ [INSERT PERCENTAGE IF BOX CHECKED FOR THIS PARAGRAPH] percent of the total amount due for Work for that particular month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professi onals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50 -18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, bod y or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this A-5 | RFQ 16-PW09 5 Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ [INSERT NAME] shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Subcontractors; Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, including to subcontractors, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individ ually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation s et forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to A-6 | RFQ 16-PW09 6 perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship b etween any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire a dditional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, i n advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Valuable Papers and Records Coverage of at least $____________________[INSERT FEE FOR PREPARING PLANS OR, IF THAT FEE IS UNAVAILABLE, THE MAXIMUM CONTRACT PRICE]. (d) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s A-7 | RFQ 16-PW09 7 errors, omissions, or negligent acts. (e) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (f) Commercial Umbrella Liability Coverage: $ ________________ (_____________) [INSERT AMOUNT OF COVERAGE REQUIRED, IF ANY, OR STATE “N/A” IF NOT APPLICABLE] per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and A-8 | RFQ 16-PW09 8 shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be reduced, suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) If higher limits are maintained by Consultant than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Consultant. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with A-9 | RFQ 16-PW09 9 a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Consultant’s Duty to Provide Notice of Reduction in Coverage: Consultant shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Consultant shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (11) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorizati on program commonly A-10 | RFQ 16-PW09 10 known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “F”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13 -10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records o f their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13 -10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13 -10- 91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant A-11 | RFQ 16-PW09 11 to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. A-12 | RFQ 16-PW09 12 City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, inve stigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “G”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “G”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the n eed for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face -to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, A-13 | RFQ 16-PW09 13 stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, cr eed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. ______________________ [INSERT NAME] shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. C. Provision of Information. The City shall provide information as reasonably requested by Consultant (unless the provision of such information is within the duties required by Consultant under this Agreement), in a prompt manner so as to assist Consultant in achieving timely performance of the Work. D. Identification of Errors. In the event that the City becomes aware of any errors, omissions, inconsistencies, or other problems in the documents and plans provided by Consultant, the City shall provide timely notice in writing to Consultant advising Consultant of same. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for A-14 | RFQ 16-PW09 14 cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no l onger available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Ma ximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Suspension. The City may, without cause, order Consultant, in writing, to suspend its performance hereunder in whole or in part. In the event any such suspension is for a consecutive period of less than thirty (30) days, or if multiple suspensions of less than thirty (30) days each do not exceed a cumulative total of forty-five (45) days, no additional compensation shall be due Consultant as a result of such suspension or suspensions. Otherwise, Consultant shall be compensated for the actual and reasonable costs resulting from such suspension or suspensions provided, however, the suspension or suspensions did not result from Consultant’s wrongful act or omission. H. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No oth er agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. A-15 | RFQ 16-PW09 15 C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or une nforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: [INSERT CONTACT INFORMATION/ADDRESS] ____________________________ ____________________________ A-16 | RFQ 16-PW09 16 ____________________________ ____________________________ G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorney s and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of the ir usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay A-17 | RFQ 16-PW09 17 in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental ru les or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) del ay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law o r in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] A-18 | RFQ 16-PW09 18 CONSULTANT: _____________________________ [INSERT FULL LEGAL NAME OF CONSULTANT] Signature: ___________________________________ Print Name: _____________________________ Title: [CIRCLE ONE] President/Vice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney A-19 | RFQ 16-PW09 EXHIBIT “A” [Insert City Solicitation Documents] A-20 | RFQ 16-PW09 EXHIBIT “B” [Insert Consultant Response/Proposal] A-21 | RFQ 16-PW09 EXHIBIT “C” [INSERT SCOPE OF WORK – May reference agreed upon Scope of Work from “Exhibit A” or “Exhibit B” or insert new negotiated/agreed upon Scope of Work] A-22 | RFQ 16-PW09 EXHIBIT “D” Basic Services The Architect shall provide Design Services [and Contract Administration Services] as specified below. 1. Design Services A. The Consultant shall provide professional services consisting of attendance at necessary meetings, preparation of estimates, preliminary studies, and preliminary plans, completion of work drawings, detailed specifications, revisions as requested by the City, preparation of large -scale and full-sized detailed construction drawings along with all necessary associated plans and specifications in final form appropriate for bidding out the construction of the Project (the “Construction Documents”), and assistance in drafting of advertisements for bids, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, civil, and structural engineering services, and general design-related assistance through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by Consultant constitutes a representation that Consultant has become familiar with the Project site and the local conditions under which the Project is to be implemented. In the event the Project includes the renovation of, or addition to, any existing facility or structure, Consultant shall carefully examine and inspect such facility or structure, and all design documents shall be properly coordinated and integrated with same. B. The Consultant agrees that all drawings and specifications for professional design services shall be performed by registered professionals in its own organization, or under the supervision of such professionals, or the Consultant agrees to employ without additio nal cost to the City, the services of registered professionals regularly engaged in delivering such professional services. Documents so prepared shall bear the stamp of a responsible, registered professional licensed in the State of Georgia. C. The Consultant shall design the Project in conformity with specifications required by City and such that the estimated construction costs of the Project do not exceed maximum cost constraints imposed by the City. The Consultant shall immediately inform City if it believes that it will not be possible to design the Project to satisfy both the City’s specifications and the maximum cost constraints, and will coordinate with City to amend the specifications or maximum cost constraints. If the City reasonably determines that it is unable to procure construction of the Project as designed within the maximum cost constraints, the Consultant shall, without additional compensation, revise the Construction Documents to reduce the expected cost of construction. D. The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the Consultant’s work product. E. Unless otherwise specified in the Scope of Work, the Consultant shall provide the Construction Documents in the following form: one hard copy of full -size drawings and specifications and an electronic copy of the documents in a format requested by the City (which format may include PDF, RWG, Revit, or any other format acceptable to the City, provided that City’s selected format does not require a redraw of the plans by the Consultant) and an electronic file of specifications in Microsoft Word. If translation is required, the translation shall be of the same level of quality, completeness and usability as the original. F. In the event Consultant acquires knowledge of any asbestos located in the Project, it shall immediately notify the City orally and in writing. G. The Consultant agrees to incorporate all of the material provisions of this Agreement into each of i ts subcontracts, and that failure to accomplish such incorporation by an express provision in each A-23 | RFQ 16-PW09 subcontract is a breach of an essential covenant of this Agreement. In the event of such breach the Consultant shall, within five (5) calendar days after demand of the City, furnish proof in writing that the deficiency has been remedied to the end that no subcontractor may maintain that it has not assumed toward the Consultant all the material obligations and responsibilities that the Consultant has assumed toward the City. H. The Consultant shall coordinate all the services of all design consultants for the Project, including coordinating its services as required with other consultants retained by the City. The City shall require a reciprocal coordination clause in each of its separate consultant contracts. I. It is the City's expectation that the Consultant and its subcontractors, the City, other City- retained consultants (including construction manager if any), and the selected construction contractor shall work as a project team to effect the commencement of and completion of construction in accordance with the Construction Documents. By its various contracts with the other parties, the City will require that each team member communicate with all other team members to encourage and facilitate overall coordination, cooperation and efficiency, and cooperate fully with and coordinate fully with each other team member in order to achieve Project completion in an expeditious and economical manner. Consultant shall attend, as necessary, meetings convened by the construction manager or construction contractor to facilitate construction. J. [DISCARD THIS PART “J” IF ARCHITECT WILL BE PROVIDING THE CONSTRUCTION CONTRACT ADMINISTRATION SERVICES BELOW.] During the construction phase of the Project, the Consultant shall provide additional design work as requested by City. All such work will be memorialized in a Change Order and separately compensated. Additional work that may be requested of Consultant includes design revisions due to constructability issues; assistance in development of a construction cost tracking methodology; and development of revised Construction Documents required by construction change orders. [DISCARD THE NEXT SECTION IF ARCHITECT WILL NOT BE PROVIDING CONSTRUCTION CONTRACT ADMINISTRATION SERVICES.] 2. Contract Administration Services A. The Consultant shall provide administration of the contract to be executed between the City and the construction contractor ("the Construction Contract"). B. The Consultant shall represent the City during construction, but only to the extent provided herei n and in the Construction Contract. Instructions and other appropriate communications from the City to the construction contractor shall be communicated through the Consultant unless the City determines otherwise. C. The Consultant shall observe and inspect the construction work of the construction contractor as frequently as required to protect the City’s interests, determine the quality, quantity and progress of the construction work in comparison with the requirements of the Construction Contract, and ens ure proper construction under the Construction Documents. Whenever, in the Consultant’s opinion, it is necessary or advisable, the Consultant shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract, whether or not such work is fabricated, installed or completed. The Consultant shall have authority to stop the construction work whenever such stoppage is necessary to ensure proper execution of the Construction Contract or otherwise when in the b est interest of the City. i. Following each such site visit the Consultant shall submit a written report, in a format approved by the City, of such observations, together with any appropriate comments or recommendations, to the City. A-24 | RFQ 16-PW09 ii. The Consultant shall report any identified safety issues to the City immediately both orally and in writing. iii. The Consultant shall reject construction work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. D. The Consultant shall review and approve or disapprove (with explanation), within 21 days of receipt, invoices submitted by the construction contractor. The Consultant’s approval of an invoice shall constitute a representation by the Consultant to the City that the Consultant has made observation of the construction work and that the work has progressed to the level indicated on the invoice, that the quality of the construction work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the Consultant, the construction contractor is entitled to payment of the amount certified. In connection with its review, Consultant may request backup materials from the construction contractor including, but not limited to, receipts or other vouchers, showing payments for materials and labor. Consultant shall exercise care to protect the City from overpayment to the construction contractor. E. The Consultant shall be the initial interpreter of the requirements of the drawings and specifications of the Construction Documents and the judge of the performance thereunder by the construction contractor. The Consultant shall render written or graphic interpretations necessary for the proper execution or progress of the construction work with reasonable promptness on request of the construction contractor. The Consultant's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract. F. The Consultant shall review and approve, or take other appropriate action upon, the construction contractor’s submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the Consultant of the construction contractor’s submitta l shall constitute the Consultant’s representation to the City that such submittal is in conformance with the Construction Contract and Construction Documents. G. The Consultant shall review and advise the City concerning proposals and requests for construc tion change orders, including the reasonableness and accuracy of the proposed cost of same. In connection with a construction change order, the Consultant shall, at the City’s request, revise the Construction Documents or prepare additional design document s in accordance with the terms of this Agreement. If this additional design work is not the result of error by the Consultant, the Consultant shall be entitled to additional compensation in the form of a Change Order to this Agreement. H. The Consultant shall conduct an inspection to determine the date of substantial completion and the date of final completion of the Project, shall receive and forward to the City for the City’s review written warranties and related documents required by the Construction Contract and assembled by the construction contractor, and shall, when appropriate, issue a final certificate for payment. I. At the request of City, the Consultant shall furnish the construction contractor with hard -copy and electronic drawings and specifications for the Project (including change orders, field instructions, clarifications, sketches, etc.), in order to allow the construction contractor to mark up these documents to show the Project “as built.” The Consultant shall then incorporate the construction contractor’s mark- up and shall prepare for City a final “as-built” set of plans for the Project. The Consultant shall not be responsible for the accuracy of the information submitted by the construction contractor in preparing these as-built plans. J. All actions required of the Consultant shall be taken with reasonable promptness so as to cause no delay to the construction contractor or the Project. A-25 | RFQ 16-PW09 EXHIBIT “E” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milto n, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contrac t only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization [INSERT NAME OF CONTRACTOR] Name of Contractor [INSERT NAME OF PROJECT] Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ A-26 | RFQ 16-PW09 EXHIBIT “F” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________ (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such co ntract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13 -10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor [INSERT NAME OF PROJECT] Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 27 | RFQ 16-PW09 EXHIBIT “G” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW, OR INDICATE “N/A”] Individual Position _____________, Project Manager 1 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFQ 16-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFQ. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 ADDENDUM #1 RFQ 16-PW09 Item 1. Amend Section 1.4 A(3) (a) from 10 single-sided pages (five if double- sided) to 30 single-sided pages (15 if double-sided). Item 2. Delete Section 1.4 A(4)(c) Qualifications of the Team and Replace with the following: c. Qualifications of the Team i. Company’s experience as prime designer on a project team. ii. Summary of at least three (3) similar projects for which the Company was responsible within the past five (5) years. Each of the project summaries should include the following: 1) Description of the facility, including: size, functions housed, construction cost and year completed, 2) Pictures of finished facility, 3) Design start and completion dates, 4) Construction start and completion dates, 5) Degree of involvement (principals or consultant), 6) Project references including names, addresses, and telephone numbers. iii. Proposed design approach by company for this project. The City desires to procure an architectural firm with extensive Fire and Police/Court design experience. With such diverse design requirements for these types of facilities, please describe how the company’s design approach on these types of facilities will be incorporated into the project. This should include how the firm will maintain open communications during both the design and construction administration phases with key staff members. iv. Past experience with LEED certified projects. Include the Company’s or Consultant’s role in the project and the level of certification achieved. 3 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 Questions and City of Milton Answers 1. On page 10 of the RFQ, under c. Qualifications of the Team, it asks about our experience working with brand implementation, website design and graphic design in municipal government. Is this correct? Answer: No, see item 2 of this addendum. 2. Is the 10-page limit is correct? Answer: See item 1 of this addendum. 3. 3.2 SCOPE OF SERVICES, number 3 (page 17) states that the City of Milton “intends to provide the programming and conceptual elevations and floor planning to the selected consultant. The consultant will be expected to work with staff to develop the full construction documentation in support of the conceptual plans and program.” Can you please name the firm that worked with the City to create the items noted above? Answer: They were done internally by the City Architect. 4. Is this group (that completed the initial programming documents) permitted to submit for the scope of work outlined within this RFQ? Answer: No, see the response to Question 3. 5. Is it possible to include any of our full team’s experience, or can the experience portion of our response only include examples of the local firm’s previous projects? Answer: The experience of the full team can be included. 6. Is it permissible to respond to this RFQ as a joint venture (to best describe the relevant project experience of our key team members) rather than as a prime with consultants? Answer: Yes. 7. Are the forms on pages 4 and 5 to be counted as part of the 10 page limit? 4 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 Answer: No, mandatory forms are not counted toward the maximum page limit. Also, see the response to Question 2. 8. Page 10 states c. Qualifications of the Team i. Company’s experience working with brand implementation, website design and graphic design in municipal government. Is this accurate? Answer: No, see item 2 of this addendum. 9. Is this the same project that was bid in 2011 as 11-RFQ01and if so, could you advise as to the reason it is a new RFQ now, please? Answer: The property is the same as the one that was included in 11- RFQ01. The project requirements and design standards have changed since that time and it was determined to be in the best interest of the City to reevaluate the project. 10. Will the City contract with Geotech directly? Answer: No, the consultant shall provide all necessary design services. 11. Page 10/Paragraph C – Qualifications of the Team. Subparagraph (i) appears to be in error. Please advise if this needs to be revised. Answer: See item 2 of this addendum. 12. Is the City’s Preliminary Program Requirements document available for review? Answer: It will be made available to the selected consultan, but is not necessary for the submission of qualifications. 13. Is a survey available for the project site? Answer: It will be made available to the selected consultan, but is not necessary for the submission of qualifications. 14. Please describe the status of the Georgia DOT widening plan for State Highway 9. Will the roadwork project be under construction simultaneously with the proposed facility? 5 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 Answer: The Highway 9 project is being managed and constructed by GDOT. It is our understanding that it is currently under design. 15. Is the estimated construction budget ($10M) for hard construction costs only? Please confirm soft costs (design fees, testing, FF&E, etc.) are excluded from this budget. Answer: Design and Testing fees would be excluded, FF&E would be included. 16. Will the City’s RFQ Cover Page and Disclosure form be counted as part of the 10 page limit for this proposal (See submittal requirements, A-3-a on pg. 9) Answer: No, mandatory forms are not counted toward the maximum page limit. Also, see the response to Question 2. 17. Brand implementation experience, website design, and graphic design in municipal government (page 10, Section A, item c, i). Could you please elaborate on what types of services you require for website, graphics, etc. in relation to this buildings design and construction? This information does not appear in section 3.2, Scope of services. Will there be an update to the qualifications requirements? Answer: See item 2 of this addendum. 18. Will the City be providing the geotechnical services for the project, or will it be included under the design teams scope of work (Section 3.2) listed as a potential on the bottom of page 17? Answer: It will be as listed in the RFQ. 19. Will interior design, listed at the top of page 18, under the scope of work (Section 3.2), include all furnishings for the project or only those typically build-in items such as reception desk, courtroom desk, detention fixtures, etc. Answer: All furnishings. 6 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 20. Appendix A. Sample Contract. The sample contract provided with the RFQ contains some language that would not be covered by a typical Professional Liability Insurance (PLI) policy, are these items negotiable? Answer: It’s not our intention to impose requirements that cause contractors to procure non-standard E&O/Professional Liability insurance, but it’s hard to address this without knowing the precise language at issue. 21. Appendix A. Sample Contract, Page 2 (A-2). I D Term of Agreement: If "time is of the essence" remains, will you please add a "Force Majeure" clause for events outside Consultant's control? Answer: The City does not anticipate that this will be an issue. 22. Appendix A. Sample Contract, Page 4 (A-4). IV A Expertise of Consultant: Use of the terms "trust and confidence" creates a fiduciary duty that is outside and beyond the Standard of Care, and therefore is not covered by a typical PLI policy. Also these terms are in conflict with the design professionals role as an "independent contractor" (See IV H bel ow). If these terms can not be deleted, then text could be added stating that the agreement does not, nor does it intend to, create a fiduciary relationship between the parties. Is that acceptable? Answer: The City does not anticipate that this will be an issue. 23. Appendix A. Sample Contract, Page 5 (A-5). IV G Responsibility of Consultant and Indemnification of City: Typical PLI policy's do not cover "defense" of claims (though it does cover reasonable attorneys' fees as part of a claim for professional negligence), so "defend" should be deleted (also in second paragraph). As an alternative, and in recognition of the difference between PLI and Commercial General Insurance coverages, the following "bifurcation" language can be substituted: Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Owner harmless from damage, liability or cost (including reasonable attorneys’ fees and costs of defense) ("Claimed Damages") but only to the extent that such Claimed Damages are caused by Consultant's failure to meet the Professional Standard of Care in the performance of its Professional Services under this Agreement. Consultant shall have no upfront duty to defend the Owner, but shall reimburse defense costs of the Owner to the same extent of Consultant's indemnity obligation herein. The indemnity obligations provided under this section shall only 7 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 apply to the extent such Claims are determined by a court of competent jurisdiction or arbitrator to have been caused by the negligence or w illful misconduct of Consultant. These indemnity obligations shall not apply to the extent said Claims arise out of, pertain to, or relate to the negligence of Owner or Owner’s other agents, other servants, or other independent contractors, including the contractor, subcontractors of contractor or other consultants of Owner, or others who are directly responsible to Owner, or for defects in design or construction furnished by those persons. Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold the Owner harmless for damage, liability or cost (including reasonable attorney’s fees and costs of defense) (“Claimed Damages”) for those claims arising out of or caused by the Consultant’s general negligence or negligence in th e operation of motorized vehicles. However, Consultant has no obligation to defend, indemnify or hold the Owner or Indemnitees harmless in any manner whatsoever for that party’s own negligence. Answer: While the specific language suggested might not be acceptable in its entirety, the City does not anticipate this to be an issue that cannot be resolved. 24. IV G (cont'd): Replace "may arise from or be the result of an alleged" in lines 9 and 10 with "are caused by a" so that responsibility is clearly assigned to the entity at fault. Typical PLI does not cover negligent acts of others. For the same reason, delete "regardless of whether or not the act or omission is caused in part by a party indemnified hereunder" in lines 13 and 14. Answer: The City does not anticipate that this will be an issue. 25. Appendix A. Sample Contract, Page 5 (A-5). IV H Independent Contractor: Will City have additional entities performing the Work related to this Agreement (end of first paragraph)? If so, who are they and what are their scope and duties? Answer: No. 26. Appendix A. Sample Contract, Page 6 (A-6). IV I Insurance (2) (d): To be consistent with coverage under PLI, move "negligent" to be ahead of "errors". (2) (f) Our commercial umbrella policy is not over our PLI policy. (9) PLI coverage cannot be extended beyond its renewal date, unless the insured ceases operations and provides "tail coverage". We can, however, agree to maintain coverage (on an annual renewal basis) for the time period specified. 8 | P a g e R F Q 1 6 -PW0 9 -A d d e n d u m # 1 Answer: The City does not anticipate that this will be an issue. 27. Appendix A. Sample Contract, Page 13 (A-13). IV Q Ownership of Work: We do not object to having ownership of our design documents pass to our client, but since doing so ends our ability to monitor or control their use, we need to 1) retain the right to continue to use our logos, standard details, and other items developed prior to this project, and 2) be indemnified for the use of our design documents on other projects, unless we are in a position to be sure that the plans are properly used. We can provide typical language that accomplishes this. Answer: The City does not anticipate that this will be an issue. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITIES M ILTON , GEORGIA PROJECT NO . 20160228 CITY OF M ILTON 2006 HERITAGE WALK M ILTON , GEORGIA 30004 REVISED APRIL 3 , 2018 PAGE 1 OF 11 PROJECT DESCRIPTION The proposed City of Milton Police/Court & Fire facility will be comprised of two buildings on property owned by the City of Milton along Highway 9. The Milton Police and Court Building will be a one -story building with a partial basement of approximately 21,400 gross square feet and will include the Municipal Court, Police Department office areas and Sally P ort. The fire station will be a three apparatus bay facility with administrative offices of approximately 13,825 gross square feet. The fire station will include a two story training tower of approximately 650 GSF. • Zoning - The project parcel falls within the City of Milton Form Based Code. • Sustainability – The City of Milton is not currently seeking LEED certification for the project though we will prepare a LEED checklist for Owner review. • We anticipate approximately seventy-seven (77) surface parking spaces will be provided for the Courts/Police public parking. In addition, sixty-three (63) surface parking spaces will be provided for staff & FD visitor parking. • A portion of the site’s storm water requirements will be met via an existing /modified storm water basin. Additional storm water capacity will be provided via an underground storage chamber beneath the staff parking area. • A conceptual project development budget was updated to reflect the anticipated costs associated with the se facilities . The proposed total project cost is $15,000,000 for construction costs, site work, soft costs and FF&E. PROJECT TEAM We propose to use the following team of consultants for Basic Services: Architect: COOPER CARRY Associate Architect: Stewart Cooper Newell Architects (Programming & Schematic Planning) Civil & Landscape: Breedlove Land Planning Structural: Uzun + Case Engineers MEP: Conway & Owen FP: Conway & Owen (Performance Specifications Only) PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 2 OF 11 SCOPE OF B ASIC SERVICES Our scope of Basic Services includes: 1. Architectural, interior design, structural, and MEP/FP design for the one -story Police & Municipal Court building of approximately 21,400 GSF. The proposed building will include a partial basement of approximately 5,500 GSF. We will work with City staff to review options for a larger basement configuration as budget permits. 2. Architectural, interior design, structural, and MEP/FP design for the one -story, three -bay Fire Station of approximately 13,825 GSF. 3. Architectural, structural and MEP design for a two story fire training tower of approximately 650 GSF. 4. Civil Engineerin g for the overall site design including general site layout, tree protection, storm water design, NPDES and utilities for the proposed project. Offsite grading as indicated pending easement agreement between the City and adjacent neighbors. PHASES – B ASIC SERVICES COOPER CARRY’s Basic Services will be provided in the following P hases: SCHEMATIC DESIGN SERVICES The schematic design drawings will develop the program & conceptual plans prepared under a separate limited services agreement to define the scope of the Project in sufficient detail to present to Milton City Council & constituents. Schematic design documents will consist of the following: (a) site plan, (b) preliminary building plans, (c ) elevations, (d) narratives by discipline , and (f) Two (2) 3D images to illustrate the overall concept. Three (3) meetings during this Phase have been included as part of Basic Services. In addition Cooper Carry will hold a Courtesy Review meeting with the City’s Design Review Board to discuss proposed materials and aesthetics. Additionally, COOPER CARRY will provide a preliminary pricing package. The cost consultant will provide a Schematic cost estimate for comparison with the Construction managers preliminary cost model. Estimated duration of this Phase is eight (8) weeks. DESIGN DEVELOPMENT SERVICES This phase will commence upon your approval of the Schematic Design Documents. Based on the approved Schematic Design Documents, we will develop the Design Development D ocuments into a set of documents that can be used by the Construction Manager to confirm the Schematic budget. Design Development Documents will consist of the following: (a) Site Plan, (b) Floor Plans, (c) Building Elevations and Sections, (d) Wall Sections a nd (e) Building Systems and Materials Description. Four (4) meetings during this Phase have been included as part of Basic Services. Estimated duration of this Phase is eight (8) weeks. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 3 OF 11 CONSTRUCTION DOCUMENT SERVICES This phase will commence upon your approval of the Design Development Documents. Based on the approved Design Development Documents, we will develop a set of drawings and specifications that will serve as construction documents and the basis of your construction contract with the Construction Manager. These documents will include: (a) Working Drawings, (b) Specifications, (c) General Conditions of the Contract, and (d) Supplemental Conditions of the Contract, if any. Four (4) meetings during this Phase have been included as part of Basic Services. In addition, Cooper Carry will submit a design package to the City’s Design Review Board for review and acceptance. Estimated duration of this Phase is twelve (12) weeks. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT This P hase will commence (a) when you issue a written “notice to proceed” to the Contractor, or (b) if you have not issued a “notice to proceed” to the Contractor, with the first request by you and/or the Contractor to provide the services described in this Section of this Proposal. Our Services in this P hase will consist of the administra tion of the Construction Contract to facilitate progress of the work. Included in this Phase is a review of test reports, a maximum of two (2) reviews for each shop drawing submittal for conformance with design intent, periodic site visits, Application for Payment review and certification, and written reports to you concerning our site visits. The purpose of the periodic site visits is for COOPER CARRY to become generally familiar with the progress and quality of the portion of the Work completed and to determine , in general, if the Work being observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, COOPER CARRY shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The following number of site visits during construction ha s been included as part of Basic Services: Architectural - 24 site visits (Two site visits per month plus 2 Preconstruction Conferences ; additional preconstruction conferences, if requested, will be billed on an hourly basis ) Structural - 6 site visits MEP/FP - 6 site visits Civil - 6 site visits Estimated duration of this Phase is twelve (12) months. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 4 OF 11 SPECIAL CONSULTANTS AND /OR SERVICES TO SUPPORT DESIGN EFFORT We have identified the following Special Consultants to support the design effort based on discussions with City of Milton: Acoustical Consultant: Arpeggio Consulting Water Intrusion Consultant: Williamson & Associat es AV/Comm & Security: Network Technologies, Inc . Cost Consultant: ADE Construction Consultants, Inc. FF&E Design: COOPER CARRY Graphic Design: COOPER CARRY Additional special consultants may be required to support the design effort but are not included in our scope or fee. Required services for these consultants have not been determined at this time. These special consultants include but may not be limited to: Environmental Consultant Food Services Consultant Geotechnical/Soils Consultant Laundry Consultant Curtain Wall Consultant Special Lighting Consultant Exterior Façade Maintenance Consultant Code/Life Safety Consultant Elevator/Conveying System Consultant LEED Administration Consultant Water Feature/Pool/Spa Consultant LEED Commissioning Consultant Traffic/Transportation Planning Inspection and Material Testing Consultant Construction Consultant Site Survey Consultant In the event such special consultants are required to support the design effort and are retained, at your direction, by COOPER CARRY, the B asic Services for any special consultant will be billed to you at a multiple of 1.10 times the special consultant’s invoice in order to cover additional professional liability insurance, management and administrative costs. COMPENSATION B ASIC SERVICES We propose to provide the identified Basic Services for a fee of Six and one -half pe rcent (6.5%) of Construction Cost including spent contingency. If the project scope or construction costs increase above the stated cost limitation ($13,014,144), inclusive of Owner approved additional scope or CM change orders not due to the fault of the Architect, then Cooper Carry shall be compensated at 7.5 percent of increased construction cost. Cooper Carry will advise the client of overall projected fee modifications at each phase listed below. We have estimated the Construction Cost of the proposed Police/Cou rt & Fire Facility based on current conceptual floor plans multiplied by the cost/GSF per facility based on the June 8, 2017 cost estimate prepared by ADE. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 5 OF 11 The Basic Services Fee indicated above will be a fixed, lump sum fee for the project unless the project scope is modified and the project construction costs exceed $13,014,144. Additional Services fees of 7.5 percent will be invoiced for the balance of constructions costs above $13,014,144. Progress payments for each phase shall be based on the following percentages: PHASE PERCENT AMOUNT Schematic Design 20% $169,184 Design Development 20% $169,184 Construction Documents 40% $338,367 Administration of the Construction Contract 20% $169,184 TOTAL B ASIC SERVICES FEE 100% $845 ,919 We propose to provide the identified Special Consultants , in addition to our Basic Services Fee , for the following fee schedule: SPECIAL CONSULTANTS AMOUNT Renderings & Model $6,500 Cost Consulting (SD -DD phases) $28,000 Environmental Graphics Design $40,000 FF&E Selection $30,500 A/V, Communication & Security $29,500 Water Intrusion Consultant $46,200 Acoustical $5,000 TOTAL SPECIAL CONSULTANTS $185,700 Note: Special Consultant fees will be billed monthly on a percent complete basis. COMPREHENSIVE FEE SCHEDULE AMOUNT Basic Services Fee $845,919 Special Consultants $185,700 Reimbursable Expenses (estimated) $40,000 TOTAL FEES & REIMBURSABLE EXPENSES $1,071,619 PROGRAM COMPONENT ESTIMATED COST Police & Court Building (21,400 GSF * $325/SF) $6,955,000 Fire Station & Administration (13,825 GSF * $267/SF) $3,691,275 Fire Training Tower (650 GSF * $200/SF) $130,000 Site Work (site estimate 6/8/17) $2,237,869 CONCEPTUAL CONSTRUCTION COST $13,014,144 BASIC SERVICES FEE (6 .5% OF CONSTRUCTION COST) $845,919 PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 6 OF 11 ADDITIONAL SERVICES 1. Services provided by COOPER CARRY beyond those proposed herein are Additional Services and will be provided on an hourly basis in accordance with the rate schedule attached as Attachment “A.” Additional Services shall include, but are not limited to, Services necessitated by a change in t he initial Project information, previous instructions or approvals given by the Client, or a material change in the Project, including size, quality, complexity, the Client’s schedule or budget, or procurement method. If requested, we will provide estimates for these Services for your authorization prior to proceeding with the A dditional Service work effort. 2. Additional Services provided by any consultants will be billed to you at a multiple of 1.10 times consultant’s invoice. 3. Additional Services will be billed monthly based on Services rendered. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by COOPER CARRY or our consultants in the interest of the Project. Reimbursable expenses include such items as transportation and authorized out-of -town travel and subsistence (including mileage at the current IRS allowable rate); long distance services, dedicated data and communication services, teleconferences, project websites and extranets; fees paid for securing government approvals; printing, reproductions, plots, standard form documents; postage, handling and delivery; costs associated with overtime work including overtime HVAC and meals; renderings, models, mock-ups, professional photography, and presentation materials; preparing digital data for transmission; and any other similar Project -related expenses. Reimbursable expenses will be invoiced at a multiple of 1.00 times actual cost. SCHEDULE It is our understanding that design for this Project will commence within Sixty (60) days, and the Services contemplated by this Proposal will be completed no later than Twenty (20) months from the actual start date. This offer is with the understanding that design will continue without major interruption or delay of more than sixty (60) days between Design P hases. It is assumed the Construction and closeout will take no more than Twelve (12) months, with construction start slated for third -quarter 2018. Time beyond this anticipated Construction Phase and/or Project Duration(s) will be billed hourly as an Additional Service. If design does not proceed within sixty (60) days from the date of this proposal, COOPER CARRY may request an adjustment in fees to cover any increases in our costs. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 7 OF 11 QUALIFICATIONS AND CLARIFICATIONS OF SCOPE AND B ASIC SERVICES 1. We will coordinate our services with those services provided by you and your consultants and shall be entitled to rely on the accuracy and completeness of services and information you and your consultants furnished to us. 2. This proposal for Architectural Services excludes any work performed under separate agreement. 3. We understand that you have not made any provision to employ fast track or other special construction sequencing te chniques. However, the City intends to prepare and release the design of the Civil Engineering & Foundations as an early release package. 4. Cost estimating services for the Project will be provided solely by a Cost Consultant (ADE) through the Design Development phase of the project. The consultant will participate in a transitional meeting with the Construction Manager as they develop the Project’s Schedule of Values. COOPER CARRY is entitled to rely upon the accuracy and completeness of the cost estimating services, the budget and estimates in the performance of our services. It is further understood and agreed that COOPER CARRY does not have control over the cost of labor, materials or equipment, over the Construction Manager’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, we cannot and do not warrant or represent that bids or negotiated prices will not vary from the Owner’s GMP Cost Limitation or from any estimate of the Cost of the Work prepared by the Cost Consultant or Construction Manager. 5. We will assist you in the formulation of any special inspection and testing requirements applicable to the Project and shall reasonably coordinate with any Special Inspectors you have retained and the Building Officials or Authorities; however, any extensive coordination will be performed as an Additional Service. 6. We will provide a ma ssing model and one professional rendering of each building. Additional renderings or models, if requested, will be submitted as an Additional Service. 7. We will provide an Additional Services proposal for any surveys or off -site easement preparation for off -site work. 8. Water Intrusion Consultant fees are based on Williamson & Associates proposal dated January 11, 2018 and include Document Review and Construction Phase Services exclusive of any in -place water testing. 9. Cooper Carry will prepare a FF&E schedule for all Equipment scheduled to be included in the Contractor’s scope of Work. Modifications to the schedule beyond Design Development phase will be billed as an Additional Service. VALUE ANALYSIS We will provide V alue Analysis Services as part of our Basic Services through the completion of the Design Development Phase. Any such Services provided after the Design Development Phase will be performed as an Additional Service and we shall be compensated in accordance with the Additional Services provision of this Proposal. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 8 OF 11 LEED® Services in connection with LEED® Green Building Rating System certification or other similar environmental certifications (“Green Certification”) are not included in our Basic Services or fee. These Services can be provided as an Additional Service upon your request. Should you elect to pursue a Green Certified project, we suggest a meeting with all proposed team members, including you and the Contractor, if selected, to start the process towards determining the level of certification and specific items that will be pursued. ZONING It is our understanding the subject property for the project is zoned for its intended use. However, if any zoning studies are requested, we will provide a proposal for additional services . GENERAL TERMS AND CONDITIONS TERMS AND FORM OF AGREEMENT : The terms of this Proposal shall be binding upon the Client and COOPER CARRY and their respective heirs, executors, administrators, successors and assigns. Subsequent to the acceptance of this Proposal, the Scope of Services, General Terms and Conditions and any additional terms mutually acceptable to Client and COOPER CARRY will be documented in the City of Milton’s Agreement for Architectural Services with mutually agreed upon modifications. If for any reason the Client fails to accept in writing this Proposal, any conduct by the Client that recognizes the existence of a Contra ct pertaining to the subject matter of this Proposal shall constitute the Client’s acceptance of the Proposal. All attachments to this Proposal are expressly incorporated herein by reference. STANDARD OF CARE: COOPER CARRY shall perform Services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. COOPER CARRY makes no warranties, express or implied, under this Proposal or otherwise, in conne ction with our Services. PAYMENT : Invoices will be sent monthly based upon work completed. Invoicing will be per COOPER CARRY’s standard formats, processes and routines. Special formats, processes, routines, reports, analyses, billing software or websites, organizations or other similar, requested invoice or documentation variations will be invoiced as Additional Services. Payments are due and payable upon presentation of each invoice. Interest will be added (at the current prime rate plus 12%) to invoices that ha ve not been paid within thirty (30) days of the APPROVED invoice date. A dispute over any portion of COOPER CARRY’s invoice shall not relieve the Client’s responsibility to pay the undisputed portion of the invoice in accordance with the terms of this Proposal. Further, the Client shall not withhold amounts from COOPER CARRY’s compensation to impose a penalty or liquidated damages on COOPER CARRY, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless COOPER CARRY agrees or has been found liable for the amounts in a binding dispute resolution proceeding. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 9 OF 11 If the Client fails to make payments due to COOPER CARRY for Services and Reimbursable Expenses within thirty (30) days of the presentation of invoices, or by such other time period as mutually agreed upon by COOPER CARRY and the Client prior to commencement of Services, upon seven (7) days prior written notice to the Client, COOPER CARRY will be entitled to termina te or, at COOPER CARRY’s option, suspend performance of our Services and retain any Instruments of Service for which payment is outstanding. Unless payment in full is received by COOPER CARRY within seven (7) days from the date of the notice, the termination, suspension and/or retention of said documents shall take effect without further notice. COOPER CARRY shall have no liability to the Client for delay or damages caused the Client because of such termination, suspension, or retention of said documents and the Client waives any claims against COOPER CARRY and shall defend and indemnify COOPER CARRY from and against all claims for injury or loss stemming from COOPER CARRY’s cessation of Services or retention of said documents . DIGITAL DATA: COOPER CARRY does not convey any right in the information, communications, drawings or design created or stored for the Project in digital form (“Digital Data”) or in the software or databases used to generate the data. Upon request by the Client, COOPER CARRY shall provide a copy of the Digital Data pertaining to this Project to the Client or the Client’s Contractor or consultants, in a format and version as determined by COOPER CARRY, provided the use of such data is specifically limited to the Project. Digital Data furnished by COOPER CARRY is for the convenience of the Client and for informational purposes only. The Digital Data is being transferred “AS-IS” and maybe subject to undetectable alteration due to, among other causes, transmission, conversion, media degradation, software error or human error. Any use of the Digital Data will be at the sole risk of the user and without liability, risk, or legal exposure to COOPER CARRY or our consultants. The Client and any other person or entity using the Digital Data agree to release and, to the fullest extent permitted by law, defend and indemnify COOPER CARRY, our consultants, and their partners, shareholders, agents and employees from and against any and all claims, demands, losses, expenses, damages, penalties, and liabilities of any kind, including, without limitation, attorneys’ fees and disbursements, arising out of or relating in any way to the user’s subsequent use of or modification to the Digital Data. WAIVER OF CONSEQUENTIAL DAMAGES : COOPER CARRY and the Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Proposal or Project. GREEN CERTIFICATION : In the event the Client decides to pursue LEED® Green Building Rating System certification, or other similar environmental certifications (collectively “Green Certifications”), the Client acknowledges that Green Certifications utilize certain design and usability recommendations on a project in order to promote an environmentally friendly and energy efficient facility. In addressing these guidelines, COOPER CARRY shall perform our Services with that degree of skill and care ordinarily exercised by similarly situated members within our profession, involved in the design of similar projects in the same locale as the P roject. The Client acknowledges and understands, however, that Green Certifications are subject to various and possibly contradictory interpretations. Furthermore, complianc e may involve factors beyond the control of COOPER CARRY, including but not limited to the Client’s use and operation of the completed P roject. COOPER CARRY will use reasonable care consistent with the foregoing standard in interpreting and designing in a ccordance with desired, specific Green Certification but does not warrant or represent that the P roject will actually achieve such certification. COOPER CARRY shall not be responsible for the Contractor’s failure to adhere to the Contract Documents and any applicable laws, codes, and regulations incorporated therein, nor for any changes to the design made by the Client without the direct participation and written approval of COOPER CARRY. Likewise, COOPER CARRY shall not be responsible for any environmenta l or energy issues arising out of the Client’s use and PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 10 OF 11 operation of the completed P roject. The Client acknowledges that if it chooses to pursue Green Certification, the P roject may include new or innovative products, technologies or applications in order to accomplish this objective, which may lack a proven long-term history of successful application and, that due to their innovative nature, it is therefore possible that they may not realize their intended objectives, or carry with them collateral conseque nces. WAIVER: Waiver by either party of a breach of any provisions of this Proposal shall not operate as or be construed as a waiver of any subsequent breach thereof. CLOSING Please do not hesitate to call if we may answer any additional questions or clarify any issues you wish to discuss further. To confirm your acceptance of this Proposal, please execute in the space provided below and return one original fully executed Proposal to our office. Our entire Design Team enthusiastically looks forward to the possibility of our association on this Project and welcomes an opportunity to discuss any additional concepts or thoughts you may have. OFFERED B Y: COOPER CARRY 191 Peachtree Street Suite 2400 Atlanta, Georgia 30303 __________________________________________ M. Sean McLendon, AIA April 3 , 2018 Principal ACCEPTED B Y: City of Milton 2006 Heritage Walk Milton, GA 30004 __________________________________________ Name: Date: Title: PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF M ILTON POLICE/COURT AND FIRE FACILITY PROJECT NO . 20160228 REVISED APRIL 3 , 2018 PAGE 11 OF 11 Attachments: Attachment A: COOPER CARRY 2018 Hourly Rate Schedule Attachment B: AIA B103, 2007 Edition, as modified Copies: File #20160228 /A.1 Vice President of Finance Corporate Counsel Marketing Team M:\2016\20160228\a-1 fee proposals\a-1-1 owner-arch\2018_0403_20160228_prop_full_R3 .doc ATTACHMENT “A” COOPER CARRY’S HOURLY RATE SCHEDULE ARCHITECTURE RATE Principal 295.00 Project Director 174.00 – 275.00 (Range) Project Manager 174.00 – 275.00 (Range) Design Architect 198.00 – 225.00 (Range) Project Architect 117.00 – 252.00 (Range) Staff Architect 99.00 – 156.00 (Range) Architectural Staff I-III 102.00 – 153.00 (Range) *Intern Architect 66.00 – 114.00 (Range) INTERIOR DESIGN RATE Principal/Director of Interior Design 295.00 Project Manager 210.00 – 246.00 (Range) Project Interior Designer 126.00 – 186.00 (Range) Sr. Interior Designer 126.00 – 186.00 (Range) Staff Interior Designer 126.00 – 186.00 (Range) Interior Designer II-III 96.00 – 144.00 (Range) *Interior Designer I 81.00 – 102.00 (Range) *Interior Design Student 75.00 – 105.00 (Range) LANDSCAPE ARCHITECTURE & PLANNING RATE Principal 295.00 Director of Landscape Architecture/Planning 275.00 Project Manager 147.00 – 156.00 (Range) Certified Planner 144.00 – 153.00 (Range) Project Landscape Architect 126.00 – 147.00 (Range) Staff Landscape Architect/Planning Staff 126.00 – 147.00 (Range) Landscape Designer I-II 126.00 – 147.00 (Range) *Intern Planner 75.00 – 105.00 (Range) *Intern Landscape Designer 75.00 – 105.00 (Range) GRAPHIC DESIGN RATE Principal 295.00 Sr. Graphic Designer 141.00 – 165.00 (Range) Graphic Designer I-III 105.00 – 141.00 (Range) Graphic Illustrator 150.00 *Intern Graphic Designer 75.00 – 105.00 (Range) TECHNICAL SERVICES RATE Technical Services Manager 210.00 Specifications Coordinator 153.00 *Specifications Administrator 66.00 COOPER CA RRY reserves the right to modify the hourly rates above for any compensation adjustments made while this Agreement is in effect, but no more than once per calendar year. * Denotes levels which receive overtime pay. Any hourly billing for work performed by these levels on an overtime basis will be invoiced at 1.5 times the applicable billing rate listed above. TO: City Council DATE: April 19, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract Renewal with eCivis, Inc. for a Two - Year Subscription to Web -Based Grants Management Software MEETING DATE: Monday, April 23, 2018 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (✓)"YES () NO APPROVAL BY CITY ATTORNEY: (,a°AAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: u4 ) 23 )2cN t. 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@¢ityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted April 19, 2018 for the April 23, 2018 Regular City Council Meeting Agenda Item: Approval of A Contract Renewal with eCivis, Inc. for a Two- Year Subscription to Web-Based Grants Management Software _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the agreement as presented. Executive Summary: For over 17 years, eCivis, Inc. has provided web-based grants management software to thousands of state, local and tribal governments large and small. The database is continuously updated by their research team to ensure the grants are legitimate funding opportunities for their clients. The grant information is compiled and summarized in an easy-to-understand format allowing the user to readily find and process the data. This database streamlines the workload in researching available grant opportunities and provides Milton with another funding resource for our capital projects. During the first two-year subscription, we identified a number of grant opportunities that could potentially fund current and future capital projects. Most recently, we submitted a grant application to the Department of Natural Resources in the amount of $200,000 for trails at Providence Park and are awaiting the notification of approval or denial. We are also currently researching other grant opportunities that we’ll be bringing forth as we move through the application process. Our current subscription expired in March, 2018. We are asking to renew the subscription for a period of two years. Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-1320-523850102 (FY18 $2,856.58) 100-0000-1138099 (FY19 $2,040.42) Requisition Total: $4,897.00 Vendor DBA: eCivis, Inc. We anticipate a positive impact on revenues as we continue to research and identify future grant funding opportunities. Financial Review: Bernadette Harvill, April 19, 2018 Legal Review: Approved by Sam VanVolkenburgh – Jarrard & Davis, April 6, 2018 Concurrent Review: Steven Krokoff, City Manager Attachment: Renewal Agreement Page 1 of 7 ECIVIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT Date 1/17/2018 Contract No. 11196 This Agreement is made by and between: eCivis, Inc., a Delaware corporation (“eCivis”) and City of Milton, GA (“Customer”) 418 N. Fair Oaks Ave. #301 13000 Deerfield Parkway, Suite 107 Pasadena, CA 91103 Milton, GA 30004 Fax: (626) 628-3232 Phone: (678) 242-2508 Sales Contact: Principal Contact and Master Access Holder: Jason Portt Stacey Inglis, Assistant City Manager This Agreement sets forth the business relationship between the parties and the terms and conditions under which the following products are licensed and Services are provided to Customer, and supersedes all previous agreements between eCivis and Customer. GN: Recurring Annual Subscription Fee Description Units Avg Unit Price Total Price Grants Network: Pre/Post-Award Standard License - 3-5 GN: Pre/Post-Award Grant Management 3 $3,800.00 $11,400.00 GN: Recurring Annual Subscription Fee Sub-Total $11,400.00 Multi-year Discount ($3,200.00) Incentive Discount ($3,303.00) TOTAL PRICE $4,897.00 The total amount paid under this Agreement as compensation for Services in a calendar year shall not, in any case, exceed $4,897.00. No Professional Services have been purchased. Subscription Period(s) and Payment Terms The Subscription Period of this Agreement will conclude 2/28/2020. Payment is due net 30 days from Invoice date. Cycle 1: 3/01/2018 through 2/28/2019 for a price of $4,897.00 Cycle 2: 3/01/2019 through 2/28/2020 for a price of $4,897.00 PRICE IS ONLY VALID IF AGREEMENT IS SIGNED ON OR BEFORE: 12:00AM PST, April 27, 2018. [Signatures on following page] Page 2 of 7 IN WITNESS WHEREOF, the parties hereto have caused to be executed or executed this Agreement as of the day and year first above written. Accepted By: City of Milton, GA Accepted By: eCivis, Inc. By: By: (Authorized Signature) (Authorized Signature) Name: Name: James Ha (type or print) (type or print) Title: Title: CEO Date: Date: 1/24/2018 [City Seal] [Corporate Seal] Attest: Attest: By: By: (Authorized Signature) (Authorized Signature) Name: Name: Ryan Baird (type or print) (type or print) Title: Title: Executive Director Approved as to Form: _______________________________ City Attorney Send invoice to (if different than address above): Page 3 of 7 eCivis Master Subscription and Service Agreement THIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION AND USE OF ALL OUR SERVICES. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. This Agreement was last updated on July 31, 2015. It is effective between You and Us as of the date of You accepting this Agreement. Table of Contents 1. Definitions 2. Purchased Services 3. Use of the Services 4. Reserved. 5. Fees and Payment for Purchased Services 6. Proprietary Rights 7. Confidentiality 8. Warranties and Disclaimers 9. Limitation of Liability 10. Term and Termination 11. Governing Law and Jurisdiction 12. General Provisions 13. Indemnification 1. DEFINITIONS "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs. “Professional Services” means work performed by Us for You by Our professional services division under this Agreement or any relevant purchase order. Such work may include, but not limited to, Grant Writing, Peer Review, Technical Assistance and/or Training services. "Purchased Services" means Services that You or Your Affiliates purchase under this Agreement for Grants NetworkTM products and Professional Services. "Services" means the products and services that are ordered by You and made available by Us online via the customer login link at http://www.ecivis.com and/or other web pages designated by Us. "Users" means individuals who are authorized by You to use the Services, and who have been supplied user identifications and passwords by You (or by Us at Your request). Users are limited to Your employees. Non-employees such as Consultants, contractors and agents, and third parties with which You transact business may not be granted access. "We," "Us" or "Our" means eCivis, a Delaware corporation. "You" or "Your" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity. "Your Data" means all electronic data or information submitted by You to the Purchased Services. 2. PURCHASED SERVICES Page 4 of 7 2.1. Provision of Purchased Services. We shall make the Purchased Services available to You pursuant to this Agreement and any relevant Purchase Order during a subscription term. You agree that Your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features. 2.2. User Subscriptions. Unless otherwise specified in writing, (i) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User subscriptions may be added during the applicable subscription term at the same pricing as that fo r the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services. 3. USE OF THE SERVICES 3.1. Our Responsibilities. We shall: (i) provide Our basic support for the Purchased Services to You at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Pacific Time), or (b) any unavailability caused by circums tances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations . 3.2. Our Protection of Your Data. We shall maintain appropriate administrative, physical, and technical safeguards for prote ction of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordanc e with Section 7.3 (Compelled Disclosure) or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters. 3.3. Your Responsibilities. You shall (i) be responsible for Users' compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the user guide and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt t he integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks. However, You shall not be liable for non-negligent or non-willful failure to perform Your responsibilities nor shall You be deemed in default due to: (a) any cause beyond Your reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by Your employees and/or agents; (f) delay or failure to act by any governmental or military author ity (excluding You); or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. 3.4. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on the number of grants that can be managed in Our Grants Network™ Tracking & Reporting product, on the number of grant applications, peer reviews and/or trainings provided by Us. Any such limitations are specified in the signature page of this Agreement. 3.5. Third Party Data. We do not own data or files submitted to Grants Network by third parties. You assume all risks that may occur from downloading third-party data or files. 4. RESERVED 4.1. Reserved. 4.2. Reserved. 4.3. Reserved. 4.4. Reserved. 4.5. Reserved. 5. FEES AND PAYMENT FOR PURCHASED SERVICES 5.1. Fees. You shall pay all fees specified under this Agreement. Except as otherwise specified herein, (i) fees are based on Services purchased and not actual usage for Purchased Services, (ii) payment obligations are non-cancelable and fees paid are non-refundable and will not result in any refund or credit and (iii) the number of User subscriptions purchased cannot be decreased during the relevant subscription term. 5.2. Invoicing and Payment. You will provide Us with valid and updated credit card information, or pay by check. If You provide credit card information to Us, You authorize Us to charge such credit card for all Services listed under this Agreement for the initial subscription term and any renewal subscription term(s) as set forth in Section 10.2 (Term of Purchased User Subscriptions). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated under this Agreement. Unless otherwise stated in this Agreement, in voice charge(s) are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information. 5.3. Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the dat e such payment was due until the date paid, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in Section 5.2 (Invoicing and Payment). 5.4. Suspension of Service and Acceleration. If any amount owing by You under this or any other agreemen t for Our Services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, wit hout limiting Our other rights and remedies, suspend Our Services to You until such amounts are paid in full. We will give You at least 7 days’ prior notice that Your account is overdue. Page 5 of 7 5.5. Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collecti vely, "Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against it based on Our income, property and employees. 6. PROPRIETARY RIGHTS 6.1.1. Rights Subject to the Georgia Open Records Act. The parties acknowledge and agree that each will comply with all appl icable law, including the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.), and that all provisions of this Section 6 shall apply only to the extent not inconsistent with that Act. 6.1.2. Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. 6.2. Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein or in an Order Form, (ii) create derivate works based on the Services except as authorized herein, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Ser vices, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. 6.3. Your Applications and Code. If You, a third party acting on Your behalf, or a User creates appl ications or program code using the Services, You authorize Us to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Us to pro vide the Services in accordance with this Agreement. Subject to the above, We acquire no right, title or interest from You or Your licensors under this Agreement in or to such applications or program code, including any intellectual property rights therein. 6.4. Your Data. Subject to the limited rights granted by You hereunder, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data, including any intellectual property rights therein. All reports, designs, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared by You or your agents or employees using the Services shall be Your property, and You shall be entitled to full access to and copies of all such materials. 6.5. Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Se rvices. 7. CONFIDENTIALITY 7.1.1 Confidentiality Subject to the Georgia Open Records Act. The parties acknowledge and agree that each will comply with all ap plicable law, including the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.), and that all provisions of this Section 7 shall apply only to the extent not inconsistent with that Act. Confidential Information is subject to open records requirements defined by state statute, unles s explicitly exempt under state statute, and no part of this Agreement shall prohibit either party from disclosing Confidential Information to the extent required by law or court order. 7.1.2. Definition of Confidential Information. Your Confidential Information shall include Your Data; Our Confidential Information shall include the software underlying the Services; and Confidential Information of each party shall include trade secret information, as well as business and mark eting plans, technology and technical information, product plans and designs, and business process disclosed by Us, provided that such plans, technology and technical information, product plans and designs, and businesses processes are prominently labelled by Us as confidential.. Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independ ently developed by the Receiving Party. 7.2. Protection of Confidential Information. Except as required by law, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and agrees (i) n ot to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates ’ employees, contractors and agents who need such access for purposes consistent with this Agreement. 7.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. 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A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other p arty of a material breach if such breach remains uncured at the expiration of such period, or (ii) effective immediately upon notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 10.4. Return of Your Data. Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription, We will make available to You for download a file of Your Data in comma separated value (.csv) format along with attachments in their native format. After such 30-day period, with the exception of making Data available for download for a reasonable time after a timely request, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control. 10.5. Surviving Provisions. Section 5 (Fees and Payment for Purchased Services), 6 (Proprietary Rights), 7 (Confidentiality), 8.3 (Disclaimer), 9 (Limitation of Liability), 10.4 (Return of Your Data), 11 (Governing Law and Jurisdiction), 12 (General Provisions) and 13 (Indemnification) shall survive any termination or expiration of this Agreement. 10.6RESERVE D 11. GOVERNING LAW AND JURISDICTION 11.1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia as it applies to a contract made and performed in such state. Any action or suit related to this Agreement shall be brought in the Superior Court of Fult on County, Georgia, and We submit to the jurisdiction and venue of such court. 12. GENERAL PROVISIONS 12.1.1. Anti-Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value f rom any of Our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Our Legal Department (legal@ecivis.com). 12.1.2. Compliance with City Ethics. You and We acknowledge that it is prohibited for any person to offer, give, or agree t o give any City of Milton employee or official, or for any City of Milton employee of official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for rul ing, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or propos al therefor. 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A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party's election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, We shall refund to You any prepaid fees covering the remai nder of the term of all Page 7 of 7 subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. 12.8. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiv er of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. 12.9 Title VI Compliance. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and a ll other provisions of Federal law, We agree that, during performance of this Agreement, We, for Ourself, Our assignees and success ors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, We agree to comply with all applicable implementing regulations and shall include the provisions of this Section 12.9 in every subcontract for services contemplated under this Agreement. 12.10 Insurance. We shall have and maintain in full force and effect for the duration of this Agreement, commercially reasonable liability insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the perform ance of the Services by Us and Our agents, representatives, employees or subcontractors. Evidence of coverage shall be provided to the City and subject to approval by the City in its sole discretion. 12.11 No Waiver of Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City of Milton's sovereign immunity or any related individual's qualified good faith or official immunities. 12.12 No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of Your elected or appointed officials, officers, directors or employees. No such individual shall be personally liable to Us or any successor in interest in the event of any default or breach by Us or for any amount which may become due to Us or successor or on any obligation under the terms of this Agreement. 13. INDEMNIFICATION 13.1. Indemnification by Us. We covenant and agree to take and assume all responsibility for the Services rendered in connection with this Agreement. We shall defend, indemnify and hold harmless You and your officers, boards, commissions, elected and appointed officials, emp loyees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of Our willful misconduct, negligent or tortious conduct arising out of the Services , including performance of contracted work by a sub-contractor or anyone else directly or indirectly employed by Us or Our sub-contractors, regardless of whether or not the offending act is caused in part by a party indemnified hereunder, provided that this obligation does not include liabilities caused by or resulting from Your sole negligence or willful act. For example, We shall defend You against any claim, demand, suit, or proceeding made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a "Claim Against You"), and shall indemnify You for any damages, attorney fees and costs finally awarded against You as a result of, and for amounts paid by You under a court-approved settlement of, a Claim Against You; provided that You (a) promptly give Us written notice of the Claim Against You; (b) give Us sole control of the defense and settlement of the Claim Against You (provided that We may not settle any Claim Against You unless the settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expens e. In the event of a Claim Against You, or if We reasonably believe the Services may infringe or misappropriate, We may in Our discretion and at no cost to You (i) modify the Services so that they no longer infringe or misappropriate, without breaching Our warranties under “Our Warranties” above, (ii) obtain a license for Your continued use of the Services in accordance with this Agreement, or (iii) terminate Your User subscriptions for such Services upon 30 d ays' written notice and refund to You any prepaid fees covering the remainder of the term of such User subscriptions after the eff ective date of termination. 13.2. RESERVED 13.3. Exclusive Remedy. This Section 13 (Indemnification) states the indemnifying party's sole liability to, and the indemnif ied party's exclusive remedy against, the other party for any type of claim described in this Section. [Remainder of page intentionally left blank, signature page is on the cover page to this Agreement] D 2006 I CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 17, 2018 f FROM: Steven Krokoff, City Manager G�,� AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval - CONSENT MEETING DATE: Monday, April 23, 2018 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: (J YES (.KNO CITY ATTORNEY REVIEW REQUIRED: (J YES (41(40 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: J41 n )7-"t 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 a.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on April 17, 2018 for the April 23, 2018 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Consent Agenda Plats Staff Memo Page 2 of 4 Name of Development / Location Action Comments / # lots Total Acres Density 1. Andreu Estates at Henderson LL 262, 263 Henderson Road Minor Plat 3 Lots 3.75 .8 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the First City of Milton Community Emergency Response Team. MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,kAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (ANO CITY ATTORNEY REVIEW REQUIRED: (J YES (^0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info9cityofmiltonga.us 1 www.cityofmiltonga.us 0000 Recognition of the First City of Milton Community Emergency Response Team WHEREAS, The City of Milton seeks to be resilient and safe community for its residents, business, and visitors; and WHEREAS, The City of Milton has an active and engaged community that seeks to support its mission of safety and resilience; and WHEREAS, The Federal Emergency Management Agency has developed a Community Emergency Response Team (CERT) volunteer program; and WHEREAS, With the support of the Atlanta Fulton County Emergency Management Agency and the Milton Fire-Rescue Department, the City has established its own CERT program; and WHEREAS, Milton’s inaugural CERT program participants have spent the past six months learning community safety, first aid, search and rescue, and other volunteer emergency support activities and officially completed the test and practical exercise on March 20, 2018; NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby proclaim and recognize the graduation of Milton’s inaugural CERT program participants and do urge all citizens to join in this celebration. Given under my hand and Seal of the City of Milton, Georgia on the 23rd Day of April, 2018. __________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City ManagerC✓ AGENDA ITEM: Proclamation Recognizing Georgi Cities Week. MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,VAPPROVED (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: u -4I o) 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 0000 info@�ityofmiltonga.us I www.cityofmiltongo.us Georgia Cities Week April 22-28, 2018 WHEREAS, City government is the closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, The Georgia Municipal Association and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Georgia Cities Week offers an important opportunity to convey to all the citizens of Georgia that they can shape and influence government through their civic involvement. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and proclaim April 22 through April 28, 2018 as GEORGIA CITIES WEEK in the City of Milton and encourage all citizens, city government officials and employees to recognize this week and celebrate it accordingly. Given under our hand and Seal of the City of Milton, Georgia on the 23rd day of April, 2018. __________________________ Joe Lockwood Mayor MIL SHED 2006 i CITY COUNCIL AGENDA TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager(2--�, AGENDA ITEM: Presentation of Ordinance to Amend Chapter 60, "Tree Canopy Conservation Ordinance" of the City of Code of Ordinances. MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1 PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4ES () NO CITY ATTORNEY REVIEW REQUIRED: (,,YES () NO APPROVAL BY CITY ATTORNEY: (,,IIA PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 664 ) z-!) ) 70 V96 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 inf@cityofmiltonga.us I www.cityofmiltonga.us City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted February 5, 2018 Draft 4.6e April 4, 2018 (Mark-up of proposed changes to adopted version dated February 5, 2018) City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Draft April 4, 2018 Page i Table of Contents ARTICLE I. IN GENERAL ............................................................. 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................. 21 4. Applicability and Exemptions ............................................................................................................ 2 5. Tree Conservation Manual ................................................................................................................ 3 6. Definitions ....................................................................................................................................... 43 7. Protected Trees ........................................................................................................................... 1211 8. Specimen Trees ........................................................................................................................... 1311 9. Heritage Trees ............................................................................................................................. 1412 10. City of Milton Tree Species List ............................................................................................... 1614 11. Hazardous Trees on Private Property ..................................................................................... 1715 12. Appeals and Variances ............................................................................................................ 1915 13. Inspections .............................................................................................................................. 1916 14. Enforcement ........................................................................................................................... 2117 15. Notice of Violation .................................................................................................................. 2117 16. Stop Work Order ..................................................................................................................... 2217 17. Fines and Penalties ................................................................................................................. 2418 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ...................................... 2419 18. Tree Canopy Management ..................................................................................................... 2419 19. Tree Canopy Priorities ............................................................................................................. 2419 20. Tree Canopy Cover Requirements .......................................................................................... 2520 21. Tree Removal Permit .............................................................................................................. 2520 22. Tree Canopy Replacement ...................................................................................................... 3023 ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY 3326 23. Tree Canopy Management ..................................................................................................... 3326 24. Tree Canopy Priorities ............................................................................................................. 3326 25. Preliminary Tree Canopy Plan ................................................................................................. 3426 26. Tree Canopy Plan .................................................................................................................... 3427 27. Tree Canopy Cover Requirements .......................................................................................... 3930 28. Required Tree Locations ......................................................................................................... 4635 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Draft April 4, 2018 Page ii 29. Topped Trees .......................................................................................................................... 5040 30. Minimum Landscape and Maintenance Requirements .......................................................... 5140 31. Landscape Performance Bond ................................................................................................ 5140 32. Certificate of Occupancy and Final Plat Approval ................................................................... 5241 33. Alternative Compliance ........................................................................................................... 5241 34. Tree Canopy Fund ................................................................................................................... 5443 35. Timber Harvesting ................................................................................................................... 5543 ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 2 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ............................................................................................................................... 10 10. Heritage Trees ............................................................................................................................. 11 11. City of Milton Tree Species List ................................................................................................... 13 12. City Tree Management ............................................................................................................... 14 13. Hazardous Trees on Private Property ......................................................................................... 14 14. Variances ..................................................................................................................................... 14 15. Appeals ........................................................................................................................................ 15 16. Inspections .................................................................................................................................. 16 17. Enforcement ............................................................................................................................... 17 18. Notice of Violation ...................................................................................................................... 17 19. Stop Work Order ......................................................................................................................... 18 20. Fines and Penalties ..................................................................................................................... 19 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................19 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Draft April 4, 2018 Page iii 21. Tree Canopy Management ......................................................................................................... 19 22. Tree Canopy Priorities ................................................................................................................. 19 23. Tree Canopy Cover Requirements .............................................................................................. 20 24. Tree Removal Permit .................................................................................................................. 20 25. Tree Canopy Replacement .......................................................................................................... 23 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................25 26. Tree Canopy Management ......................................................................................................... 25 27. Tree Canopy Priorities ................................................................................................................. 25 28. Tree Canopy Plan ........................................................................................................................ 25 29. Tree Canopy Cover Requirements .............................................................................................. 29 30. Required Tree Locations ............................................................................................................. 33 31. Topped Trees .............................................................................................................................. 37 32. Minimum Landscape and Maintenance Requirements .............................................................. 37 33. Landscape Performance Bond .................................................................................................... 38 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 39 35. Alternative Compliance ............................................................................................................... 39 36. Tree Canopy Fund ....................................................................................................................... 41 37. Timber Harvesting ....................................................................................................................... 41 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3.2. Purpose and Intent 3.1.2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2.2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 2 4.3. Administrator 4.1.3.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 3.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 3.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; a.k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 5.4. Applicability and Exemptions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 3 5.1.4.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, grading permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, concept plan approval, preliminary plat approval, or minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2.4.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions such as, but not limited to, fire or severe weather; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or fede ral authorities pursuant to law; and, c.d. Any area designated as an Agricultural Operation; e. City tTrees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall should be done in accordance with the arboricultural standards set forth in the tree conservation manual Tree Conservation Manual. d.f. Projects for which a concept plan, preliminary plat, minor plat, land disturbance permit, grading permit, demolition permit or building permit was approved prior to February 5, 2018. These project will be subject to the former Tree Preservation Ordinance (Ord. No. 10-07-67, § 6, 7-7-2010). 4.3. A summary of tree ordinance applicability and exemptions is included in Appendix A of the Tree Conservation Manual. 5.3.4.4. Either the previous Tree Preservation ordinance or the current Tree Canopy Conservation Ordinance may be utilized until August 5, 2018. 6.5. Tree Conservation Manual City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 4 6.1.5.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6.2. The administrator shall have the authority to waive any provision of the Tree Conservation Manual where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7.6. Definitions 7.1.6.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 7.2.6.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture , an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings.Agricultural Operations. Activities with an agricultural purpose that include: 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; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 5 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, dryin g, 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 including using land as pasture. Agricultural operations do 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. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development permit, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy.. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). f.g. Boundary tree. A tree located such that its trunk spans at least two adjoining properties and the common boundary line, resulting in the tree being jointly owned by each property owner g.h. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. h.i. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 6 properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i.j. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j.k. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k.l. City. The City of Milton, Georgia. l.m. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m.n. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n.o. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o.p. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from a road, driveway, parking area, walkway, swimming pool, patio, and other allowable impervious surfaces, driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks, lines and primary drainfields) proposed on a lot as shown in the detail located in Appendix D in the Tree Conservation Manual. p.q. Critical root zone (CRZ), conserved tree. For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH as shown in the detail located in Appendix D in the Tree Conservation Manual.; for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 7 r. Critical root zone (CRZ), newly planted tree. For a tree planted within the last 3 years the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required for the tree or the area within the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch in DBH. q.s. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. r.t. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. s.u. Developed property. A lot property on which improvements currently exist and for which a certificate of occupancy has been issued. t.v. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, concept plan approval, preliminary plat approval, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u.w. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk, as shown in the detail located in Appendix D in the Tree Conservation Manual. v.x. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on -site. w.y. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x.z. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with overlapping crowns. 75 percent tree canopy cover. y.aa. Growing season. March 1 to November 30. z.bb. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa.cc. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 8 decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. bb.dd. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc.ee. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, swimming pool, patio and other allowable impervious surface, and sanitary sewer systems (septic tanks, lines and primary drainfields) , and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot .as shown in the detail located in Appendix D in the Tree Conservation Manual. dd.ff. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, and excluding those activities specifically exempted in the City of Milton Code of Ordinances. but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee.gg. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff.hh. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg.ii. Lot. 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. hh.jj. Open soil surface area. The square foot area of the ground surrounding a newly planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the required open area required varies by the mature height class of the tree being planted. ii.kk. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 9 jj.ll. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk.mm. Planting season. December 1 to March 1. ll.nn. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm.oo. Priority tree. A specimen or heritage tree. nn.pp. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. qq. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 2 3 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. oo.rr. Redevelopment. A land development project on a previously developed site, not including normal maintenance activities limited to the remodeling of existing buildings, resurfacing of paved areas, and exterior changes to improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. pp.ss. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation . qq.tt. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr.uu. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss.vv. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 10 specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt.ww. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the Tree Species List.tree species list. uu.xx. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. vv.yy. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww.zz. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx.aaa. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy.bbb. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz.ccc. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa.ddd. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb.eee. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 11 ccc.fff. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd.ggg. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the Tree Species Listtree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). eee.hhh. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. iii. Tree conservation manual. A supplement to the tree ordinance containing standards, and procedures and construction details required for tree ordinance compliance. fff.jjj. Tree group. 4 or less trees with overlapping crowns. ggg.kkk. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the Tree Species List tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh.lll. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii.mmm. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown, as shown in Appendix D in the Tree Conservation Manual. jjj.nnn. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. ooo. Tree species list. The City of Milton Tree Species List, which is located in Appendix C of the tree conservation manualTree Conservation Manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. kkk.ppp. Tree Stand. A tree group of forested area including more than one (1) specimen or heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 12 lll.qqq. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm.rrr. Unhealthy tree. A tree with major structural defects, or a live crown ratio less than 30 percent, or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8.7. Protected Trees 8.1.7.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2.7.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the Tree Conservation Manualtree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 13 9.8. Specimen Trees 9.1.8.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2.8.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects;with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two-thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3.8.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4.8.4. A specimen tree stand must be primarily composed of healthy specimen trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 14 d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 9.5.8.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6.8.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 9.7.8.7. When development or redevelopment is proposed for a lot, individual and stands of specimen trees shall be identified during the site tree survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9.8.8. Cost effectiveReasonable options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10.8.9. All On undeveloped lots and lots undergoing redevelopment, all specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10.9. Heritage Trees 10.1.9.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3.9.2. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination for m to the community development department. 9.3. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.4.9.4. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 15 10.5.9.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6.9.6. A heritage tree or tree group must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist;. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration;. c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects; with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two-thirds of the trunk area. d. No major insect or disease problems; and,. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7.9.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Fo restry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission;. b. Documented age greater than 75 years old;. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator;. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree; or. e. Documented historical significance. 10.8.9.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued, if not already nominated by the applicant and approved by the administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 16 9.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.9.9.10. When development or redevelopment is proposed for a lot, heritage trees shall be identified during the tree survey process and documented on the tree canopy plan. 10.10.9.11. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved, if not already nominated by the applicant, approved by the administrator, and identified on the plan. 9.12. If removal of a heritage tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 10.11. Special consideration shall be made to work around heritage trees and protect them. 10.12. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.13.9.13. Cost effectiveReasonable options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.14.9.14. The city arborist shall maintain a current list of designated heritage trees. 10.15.9.15. Heritage tree locations shall be recorded on the city’s GIS system. 10.16.9.16. On undeveloped lots and lots undergoing redevelopment, all All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11.10. City of Milton Tree Species List 11.1.10.1. There is hereby adopted a City of Milton Tree Species List as set forth in Appendix C of the Tree Conservation Manual the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2.10.2. The tree species list Tree Species List shall also include species not approved for tree conservation or planting to meet requirements that are City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 17 invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions. 11.3.10.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the Tree Species List. City of Milton Tree Species List. 11.4.10.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5.10.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13.11. Hazardous Trees on Private Property 13.1.11.1. Once aware, the The city shall provide a written notice to the owner of any tree on private property that is considered by the city arborist to be in a hazardous condition and threatens a threat to public health, safety and welfare and is adversely impacting city property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 18 13.2.11.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 11.3. In circumstances where protection of the public health, safety and welfare is served by doing so, the city may conduct emergency maintenance operations on private property with respect to hazardous trees identified in this section. Emergency maintenance may consist of the removal of trees and other debris necessary in the judgment of the director of community development to remedy a condition created by a hazardous tree. Such emergency maintenance operations conducted for the common good shall not be construed as constituting a continuing maintenance obligation on the part of the City of Milton nor abrogation of the City of Milton’s right to seek reimbursement for expenses from the owner(s) of the property(ies) on which the hazardous tree that created the condition necessitating the emergency maintenance operations was located. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department . 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner . 14.6. The following factors shall be considered in evaluating the variance r equest: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 19 b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15.12. Appeals and Variances 15.1.12.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal in writing within 30 days of the decision with the director of the community development department for relief or reconsideration. 15.2.12.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16.13. Inspections City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 20 16.1.13.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2.13.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3.13.3. The city arborist and/or designated agent shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and afterFollowing the installation of required tree protection measures, required andbut before any land disturbance or right-of-way encroachment occurs, for the purpose of to assessassessing compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval, for the purpose of assessing to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion andthe issuance of a certificate of occupancy or final plat approval, for the purpose of assessing to assess tree health and survival on properties with an approved tree canopy plan. 16.4.13.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. 16.5.13.5. The city arborist shall document each inspection on a site inspection form. 16.6.13.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 21 assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17.14. Enforcement 17.1.14.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2.14.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit or, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18.15. Notice of Violation 18.1.15.1. If, through inspection, it is determined that an applicant , his/her authorized agent(s), or other person or companyindividual or entity has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or any other person or companyindividual or entity responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 15.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3.15.3. If the applicant, his/her authorized agent(s), or the person or companyindividual or entity otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 22 19.16. Stop Work Order 19.1.16.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2.16.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 19.3.16.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person individual or entity performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4.16.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5.16.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6.16.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; a. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; b.c. Land disturbing or tree removal within state water buffer or zoning buffer; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 23 c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 24 20.17. Fines and Penalties 20.1.17.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person individual or entity who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; a.b. Any individual or entity who has had two or more violations of previous permits or this tree canopy conservation ordinance within three years prior to the date of filing of the application under consideration, the city shall deny the permit application. b.c. Each calendar day a violation exists shall be considered a separate offense; c.d. There are no maximum limitations to the accrual of fines; d.e. In the event a city tree is damaged or destroyed, the person individual or entity responsible may be required to reimburse the city for the appraised tree value; e.f. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f.g. Offenses shall be tried in Milton Municipal Court; g.h. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h.i. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21.18. Tree Canopy Management 21.1.18.1. On developed properties, tree canopy cover shall be managed through establishing established tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22.19. Tree Canopy Priorities 22.1.19.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 25 d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2.19.2. Priority trees for conservation shall be specimen and heritage trees. 23.20. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 20.1. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 20.2. Tree canopy cover requirements pursuant to Article III of the tree ordinance and minimum requirements listed in Table 1 shall apply to developed lots as follows: a. When tree removal is approved; b. When an application is submitted for a land disturbance or building permit for the redevelopment of a lot when the redevelopment will affect, in any way, the existing tree canopy cover on the lot; c. When an application for the approval of a concept plan, preliminary plat, or minor plat is submitted for the lot; and, 20.3. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for which tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for a developed lot. 23.2.20.4. If pertinent, an application for a tree removal permit, a tree protection plan, and a tree planting and maintenance plan for replacement trees shall be submitted with an application for a demolition permit; no demolition permit shall be issued without an approved tree removal permit, tree protection plan, and tree planting and maintenance plan. 24.21. Tree Removal Permit City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 26 24.1.21.1. On a developed lot that is not undergoing further development or improvementredevelopment, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2.21.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person individual or entity involved in cutting, removing or damaging the tree. 24.3.21.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4.21.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5.21.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions; however, the owner of such trees shall provide an oral or electronic notice to the city arborist via telephone, text or e-mail and written documentation and photographs of the tree and its condition, the threat it poses, or emergency conditions existing at the time of failure or removal prior to or within three (3) days of the removal. 24.6.21.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7.21.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8.21.8. The city arborist shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 27 24.9.21.9. A tree removal permit shall be approved if one or more of the following conditions are met, as reasonably determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk A major trunk wounds, cavity or decay is present; with decay exist that cover greater than 25 percent of the circumference of the trunk; h.g. Trunk cavity or central column of decay exists that is greater than two- thirds the diameter of the trunk at the point of the cavity; i.h. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j.i. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, j. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenitiesimprovements) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10.21.10. A written report by a certified arborist or registered forester may be required by the city arborist with the application for the tree removal permit to verify tree or relevant site conditions. 24.11. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 28 24.12.21.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees tree canopy cover in excess of the number of trees necessary for the reasons stated on the permit application; b. Removal of tree canopy cover in excess of 20 percent of the overall canopy cover;; a.c. Removal of priority trees and trees in priority areas for conservation; b.d. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c.e. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d.f. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 21.12. In determining whether to approve an application for a tree removal permit, Tthe city arborist will also take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, the amount of tree canopy cover replacement proposed by the applicant, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13.21.13. A tree removal permit may be approved or denied by the city arborist under other unique conditions or extenuating circumstances. 24.14. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 29 21.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15.21.15. Tree removal permits shall expire one (1) year after the date of issuance. 24.16. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25 by the expiration date of the tree removal permit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 30 25.22. Tree Canopy Replacement 22.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced as described herein, or in a greater amount as proposed by the applicant and approved by the city arborist. if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 22.2. Trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits shall require replacement as follows: a. The actual tree canopy cover removed if the removal results in the lot having less than the minimum tree canopy cover required for the zoning district as listed in Table 1; or, b. One-half of the actual tree canopy cover removed if the lot meets the minimum tree canopy cover required for the zoning district as listed in Table 1. 22.3. Trees approved for removal for other reasons shall require replacement as follows: a. The actual tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot has less than the minimum tree canopy cover required for the zoning district as listed in Table 1; b. No replacement of tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; c. The actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; or, a.d. One-and-one-half of the actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot does not meet the minimum tree canopy cover required for the zoning district. 25.2.22.4. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 31 25.3.22.5. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, after the removal of a tree posing an imminent threat, or after the removal of a tree removed under emergency conditions when verified by the city arborist through the documentation described in Section 24.5. 25.4.22.6. Tree canopy replacement requirements shall be waived not be required after with respect to the approved removal of trees on a developed AG-1 zoned lot greater than 3 1.5 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: in an area where agricultural operations will take place and tree removal is necessary to create open land for such operations under the conditions described below: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. a. Areas one-half acre or greater intended for the feeding, breeding, or managing of livestock, equine, or poultry shall be enclosed by a fence pursuant to Section 64-212 of the zoning ordinance, except that solid/opaque and chain link fences shall be prohibited. b. If agricultural operations do not begin the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use, or agricultural operations cease for a period of 2 years more, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 replacement of the tree canopy originally approved for removal for the agricultural opearationsoperations shall be required as described in Section 24.3 on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon redevelopment of a lot with a waiver of tree replacement requirements for the area used for agricultural operations, the waiver shall become invalid and tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance .application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 32 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5.22.7. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, to be replaced shall be calculated at 120 percent of the actual tree canopy removed. shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.6.22.8. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, to be replaced shall be calculated at 140 percent of the actual tree canopy cover removed. replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8.22.9. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 22.10. When a protected tree is removed without a tree removal permit, replacement of the greater of the actual tree canopy cover removed or the standard tree canopy cover credit for the species shall be required, regardless of whether the lot meets minimum tree canopy cover requirements. In addition, this required amount shall be multiplied by the factor as follows: a. Two (2) times for non-specimen and non-heritage protected trees; b. Four (4) times for specimen trees; c. Eight (8) times for heritage trees; and, Replacement trees shall be a minimum 4-inch caliper. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 33 25.10.22.11. For specimen and heritage protected tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11.22.12. A The tree planting and maintenance plan shall be required for replacement of specimen and heritage protected trees on developed commercial and non-residential properties; the plan shallproperties shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12.22.13. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Ttree Cconservation Mmanual. 25.13.22.14. Alternative compliance for tree replacement, as further described herein, pursuant to Section 35, may be recommended by the city arborist and approvedfor approval by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY 26.23. Tree Canopy Management 26.1.23.1. On undeveloped and redeveloped properties, tree canopy cover shall be managed through established tree canopy priorities, tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27.24. Tree Canopy Priorities City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 34 27.1.24.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2.24.2. Priority trees for conservation shall be specimen and heritage trees. 25. Preliminary Tree Canopy Plan 25.1. An approved preliminary tree canopy plan that meets the minimum standards set forth in Table 1 and Table 2 shall be required as a condition of approval of any concept plan approval, preliminary plat approval, and minor plat approval. No replanting or recompense will be required upon submittal of such plan, which shall include the following: a. Tree survey per requirements outlined in Section 26.4; b. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; and, c. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements. 28.26. Tree Canopy Plan 26.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance permit, grading permit, building permit, or demolition permit. Replanting or recompense requirements must be met upon approval of such plan. 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2.26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3.26.3. The tree canopy plan shall be certified by a certified arborist, registered forester, or registered landscape architect. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 35 28.4.26.4. The tree canopy plan shall include a site tree survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species, DBH and square feet of tree canopy cover of all individually growing protected trees on the lot without overlapping canopies, including boundary trees, with specimen and heritage trees identified; c. Location of tree groups and forested areas with a general description of primary species and estimate of average DBH,; and square feet of tree canopy cover of each tree group and forested area; The square footage of ground area within the outer perimeter of the combined driplines of all trees within the group can be measured using one of the following methods: 26.4.c.1. On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual 28.4.b.1.26.4.c.2. Online using the most current aerial photography and an area measuring tool on the Fulton County geographic information system c. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; d. Trunk location, species, and caliper of all trees proposed for planting; e.d. Outline of the improved area and construction zone (see the detail in Appendix D of the Tree Conservation Manual);; f.e. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems (septic tanks, lines and primary drain fields); g. planting, staking and mulching; h. Location and type of all existing and proposed utilities; i. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; j. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 36 k.f. Location of ingress and egress points and access roads for vehicles and construction equipment; l.g. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, m.h. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5.26.5. The site tree survey shall be certified by a registered surveyor, certified arborist, registered forester, or registered landscape architect.. 28.6.26.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan . 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8.26.7. The tree protection plan shall be certified by a registered forester, certified arborist or registered foresterlandscape architect. 28.9.26.8. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11.26.9. The tree protection plan shall be drawn to scale and shall include the following: a. Map of the lot delineatingDelineation of the lot boundaries and limits of area where disturbance activity will occur; b. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; c. Location of equipment washout area and equipment maintenance area outside of all tree protection zones and tree planting areas; a.d. Location of ingress and egress points and access roads for vehicles and construction equipment; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 37 b. Trunk location, species, and DBH of trees to be protected; e. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; c.f. Location of the limits of the critical root zones and tree protection fencing; d.g. Notations of all methods of tree protection to be used with descriptions of materials to be used; e.h. Illustrations and construction details for the tree protection zone and tree protection fencing, and tree protection zone signage located in Appendix D of the Tree Conservation Manual; and,; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g.i. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12.26.10. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritageprotected trees approved for removal on developed commercial and non-residential properties. 28.13.26.11. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, certified arborist or registered landscape architect. 28.14.26.12. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15.26.13. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location Delineation of lot the boundaries. b. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements; b.c. Construction details for planting, staking and mulching located in Appendix D of the Tree Conservation Manual; c.d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 38 proposed pruning, timing of removal of staking, and timing of inspections; and, d.e. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16.26.14. The tree canopy plan, site tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17.26.15. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18.26.16. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.17. No protected tree damage or removal, or land disturbance shall take place on an undeveloped lot or a developed lot proposed for redevelopment without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.19.26.18. A revised tree canopy plan must be approved before a certificate of occupancy is issued or a final plat is approved if substantial changes to the plan are proposed for the lot or have taken place on the lot. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tTree Cconservation Mmanual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 39 29.27. Tree Canopy Cover Requirements 29.1.27.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development except where otherwise exempted by provisions of this ordinance. 29.2.27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1 and Table 2, whichever is greater, and shall include trees in required locations as described in Section 2930. 29.3.27.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for wh ich tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for the entire lot. Table 1. Minimum Tree Canopy Cover Required by Zoning District Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50%20% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 40 O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50%40% T4 30% T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Table 2. Tree Canopy Cover for Undeveloped Residential Lots Residential Lot Size Canopy Cover Impervious Coverage Canopy Cover Requirement Less than 0.33 acre regardless of zoning district N/A N/A 20% max 0.33 – 0.99 acre regardless of zoning district N/A N/A 50% max City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 41 Table 2. Tree Canopy Cover for Undeveloped Residential Lots 1.0 – 1.49 acres N/A N/A Zoning district requirement per Table 1 1.5 acres or greater and not part of a common development 25% or less for at least 10 years prior to development N/A ½ zoning district requirement per Table 1 Greater than 25% or the canopy coverage has been 25% or less shorter than 10 years prior to development N/A Zoning district requirement per Table 1 3.0 - 4.99 acres Greater than 25% * 10% - 15% The zoning district requirement per Table 1 less 5 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 10 percent 5.0 acres or greater Greater than 25% * 10 - 15% The zoning district requirement per Table 1 less 10 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 15 percent 1.5 acres or greater with documented agricultural operations N/A N/A 0% *Residential lots with less than 25% existing canopy cover shall utilize the criteria as shown above for residential lots 1.5 acres or greater 27.4. In subdivision developments, tree canopy cover requirements shall apply to both either the entire development and or to each lot within the development. 27.5. Notwithstanding the minimum tree canopy cover requirements in Table 1 for the zoning district, the following exceptions are established: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 42 a. Residential lots less than one-third acre in size shall not be required to have greater than 20 percent tree canopy cover; and, b. Residential lots one-third acre and greater but less than 1 acre in size shall not be required to have greater than 50 percent tree canopy cover. c. The residential lot described herein shall be the total lot area minus the conditions of Section 27.3. 29.4.27.6. Residential lots that are equal to or greater than 1.5 acre and not part of a common development, and have had 25 percent tree canopy cover or less for at least 10 years prior to development as documented through historical aerial photography or other photographic evidence, shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.5.27.7. Residential lots that are 53 acres or greater but less than 5 acres in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than10 to 15 percent total impervious surface on the lot, or by 10 percent (i.e.,for example, a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 27.8. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 10 percent (for example, a requirement of 60 percent becomes 50 percent) if they also have 10 to 15 percent total impervious surface on the lot, or by 15 percent (i.e. for example, a requirement of 60 percent becomes 45 percent) if they also have less than 10 percent total impervious surface on the lot. 27.9. Residential lots that are greater than 3 acre1.5 acres or greater shall be exempt from may request that minimum tree canopy cover requirements be waived on that area of the lot where agricultural operations that require open land without trees are proposed, under the conditions that follow. if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 43 estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. a. If the agricultural operations do not begin within 2 years or cease for any 2- year period after the issuance of a certificate of occupancy, then the waiver of minimum tree canopy cover requirements for the area shall become invalid and the minimum tree canopy cover requirement listed in Table 1 and Table 2 shall be established on the entire lot within 1 year after issuance of a written notice of non-compliance by the city. 29.6.27.10. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 29.7.27.11. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 29.8.27.12. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 30 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 44 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list Tree Species List or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands, especially pine trees, as the conservation of only a single or few trees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and forested areas shall be given the actual tree canopy cover credit for the group or area as a whole. and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. i.h. Individual trees within tree groups and forested areas shall not individually or separately be given tree canopy cover credit. j.i. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. k.j. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. l.k. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. m. A tree removal permit is required to remove a protected tree within a forested area. n.l. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction. and passively protected at all times. o. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. p. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual.Tree Conservation Manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 45 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 46 29.9.27.13. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the Tree Species List located in Appendix C of the Tree Conservation Manual.tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30.28. Required Tree Locations 30.1.28.1. Rural Viewsheds a. Where rural viewsheds that must include trees are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has encompasses 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total tree canopy cover credit of 3,600 square feet. c. Individual trees, conserved or planted, trees within rural viewsheds shall not be given tree canopy cover credit. individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2.28.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet an average of 1 street tree per 50 linear feet shall be required along road City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 47 frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the Tree Conservation Manual.tree conservation manual. c. Trees in the very narrow or narrow tree canopy size class in the Tree Species List shall not be used to satisfy Road Frontage requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tTree cConservation mManual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3.28.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c.b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d.c. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e.d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 48 f.e. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g.f. No parking space shall be greater than 60 feet from the trunk of a tree. h.g. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation in Table D of the Tree Conservation Manual.manual. i.h. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j.i. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k.j. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4.28.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1.28.4.b.1. In landscape strips 25 feet wide or less, a minimum an ofaverage of not less than one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Ttree Cconservation mManual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2.28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 49 30.4.b.3.28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4.28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5.28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6.28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species listTree Species List shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7.28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8.28.4.b.8. Monument signs, fences, drainage structures, knee walls, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 30.4.b.9.28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10.28.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip . 30.4.b.12.28.4.b.11. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5.28.5. Buffers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 50 a. Buffers required pursuant to Chapter 64-237 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and activelybe passively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d.c. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species listTree Species List and shall be subject to the approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the Tree Species Listtree species list. e.d. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f.e. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g.f. Drainage through buffers is subject to the approval of the administrator. h.g. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i.h. All buffers require a 10-foot improvement setback interior to the buffer. j.i. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k.j. Signs are not permitted within required undisturbed buffers. 31.29. Topped Trees City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 51 31.1.29.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2.29.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32.30. Minimum Landscape and Maintenance Requirements 32.1.30.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d.c. Tree groups not within a forested area shall be mulched as a group; e.d. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f.e. Mulching shall conform to the standards set forth in the tree conservation manualTree Conservation Manual. 32.2.30.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manualTree Conservation Manual. c. Trees conserved and planted to meet tree ordinance requirements shall be passively protected at all times.throughout their lives. 33.31. Landscape Performance Bond City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 52 33.1.31.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2.31.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant.or as approved by the city arborist. 33.3.31.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4.31.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5.31.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 34.32. Certificate of Occupancy and Final Plat Approval 34.1.32.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2.32.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35.33. Alternative Compliance City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 53 35.1.33.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2.33.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3.33.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4.33.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5.33.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 35.6.33.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. Tree Conservation Manual. 35.7.33.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8.33.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 54 e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9.33.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10.33.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11.33.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 35.12.33.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13.33.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15.33.14. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16.33.15. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36.34. Tree Canopy Fund 36.1.34.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2.34.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; and, b. Fees for tree-related permits and plans review; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 55 c.b. Fines for violation of the tree ordinance. 36.3.34.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37.35. Timber Harvesting 37.1.35.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2.35.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3.35.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4.35.4. Thinning shall be allowed in all zoning districts and land uses. 37.5.35.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 37.6.35.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operation s unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7.35.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual.Tree Conservation Manual. 37.8.35.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018AdoptedDraft April 4, 2018 Page 56 37.9.35.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10.35.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11.35.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Draft 4.6e April 4, 2018 (Mark-up of proposed changes to adopted version dated February 5, 2018) City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page i Table of Contents ARTICLE I. IN GENERAL ............................................................. 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................... 1 4. Applicability and Exemptions ............................................................................................................ 2 5. Tree Conservation Manual ................................................................................................................ 3 6. Definitions ......................................................................................................................................... 3 7. Protected Trees ............................................................................................................................... 11 8. Specimen Trees ............................................................................................................................... 11 9. Heritage Trees ................................................................................................................................. 12 10. City of Milton Tree Species List ................................................................................................... 14 11. Hazardous Trees on Private Property ......................................................................................... 15 12. Appeals and Variances ................................................................................................................ 15 13. Inspections .................................................................................................................................. 16 14. Enforcement ............................................................................................................................... 17 15. Notice of Violation ...................................................................................................................... 17 16. Stop Work Order ......................................................................................................................... 17 17. Fines and Penalties ..................................................................................................................... 18 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................19 18. Tree Canopy Management ......................................................................................................... 19 19. Tree Canopy Priorities ................................................................................................................. 19 20. Tree Canopy Cover Requirements .............................................................................................. 20 21. Tree Removal Permit .................................................................................................................. 20 22. Tree Canopy Replacement .......................................................................................................... 23 ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY ....26 23. Tree Canopy Management ......................................................................................................... 26 24. Tree Canopy Priorities ................................................................................................................. 26 25. Preliminary Tree Canopy Plan ..................................................................................................... 26 26. Tree Canopy Plan ........................................................................................................................ 27 27. Tree Canopy Cover Requirements .............................................................................................. 30 28. Required Tree Locations ............................................................................................................. 35 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page ii 29. Topped Trees .............................................................................................................................. 40 30. Minimum Landscape and Maintenance Requirements .............................................................. 40 31. Landscape Performance Bond .................................................................................................... 40 32. Certificate of Occupancy and Final Plat Approval ....................................................................... 41 33. Alternative Compliance ............................................................................................................... 41 34. Tree Canopy Fund ....................................................................................................................... 43 35. Timber Harvesting ....................................................................................................................... 43 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Purpose and Intent 2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. 3. Administrator 3.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 3.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 3.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 2 c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 4. Applicability and Exemptions 4.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, grading permit, building permit, demolition permit, permit or tree removal permit; c. Any activity that requires a concept plan approval, preliminary plat approval, or minor plat approval, and, d. All protected trees. 4.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions such as, but not limited to, fire or severe weather; b. Commercial tree nursery and tree farm operations; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 3 c. Trees directed to be removed by municipal, county, state or federal authorities pursuant to law; d. Any area designated as an Agricultural Operation; e. Trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning should be done in accordance with the arboricultural standards set forth in the Tree Conservation Manual. f. Projects for which a concept plan, preliminary plat, minor plat, land disturbance permit, grading permit, demolition permit or building permit was approved prior to February 5, 2018. These project will be subject to the former Tree Preservation Ordinance (Ord. No. 10-07-67, § 6, 7-7-2010). 4.3. A summary of tree ordinance applicability and exemptions is included in Appendix A of the Tree Conservation Manual. 4.4. Either the previous Tree Preservation ordinance or the current Tree Canopy Conservation Ordinance may be utilized until August 5, 2018. 5. Tree Conservation Manual 5.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6. The administrator shall have the authority to waive any provision of the Tree Conservation Manual where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. Definitions 6.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 6.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 4 c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural Operations. Activities with an agricultural purpose that include: 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 including using land as pasture. Agricultural operations do 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. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development permit, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). g. Boundary tree. A tree located such that its trunk spans at least two adjoining properties and the common boundary line, resulting in the tree being jointly owned by each property owner City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 5 h. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. i. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. j. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. k. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. l. City. The City of Milton, Georgia. m. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. n. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. o. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. p. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from a road, driveway, parking area, walkway, swimming pool, patio, and other allowable impervious surfaces, and sanitary sewer systems (septic tanks, lines and primary drainfields) proposed on a lot as shown in the detail located in Appendix D in the Tree Conservation Manual. q. Critical root zone (CRZ), conserved tree. For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of the dripline or a circular City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 6 area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH as shown in the detail located in Appendix D in the Tree Conservation Manual. r. Critical root zone (CRZ), newly planted tree. For a tree planted within the last 3 years the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required for the tree or the area within the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch in DBH. s. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. t. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. u. Developed property. A lot for which a certificate of occupancy has been issued. v. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, concept plan approval, preliminary plat approval, minor plat approval, or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. w. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk, as shown in the detail located in Appendix D in the Tree Conservation Manual. x. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. y. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. z. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with overlapping crowns. aa. Growing season. March 1 to November 30. bb. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 7 cc. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. dd. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. ee. Improved area. The area within 60 feet of and including the footprint of a building, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, swimming pool, patio and other allowable impervious surface, and sanitary sewer systems (septic tanks, lines and primary drainfields) proposed for a lot as shown in the detail located in Appendix D in the Tree Conservation Manual. ff. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, and excluding those activities specifically exempted in the City of Milton Code of Ordinances. gg. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. hh. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. ii. Lot. 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. jj. Open soil surface area. The square foot area of the ground surrounding a newly planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the required open area varies by the mature height class of the tree being planted. kk. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 8 ll. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. mm. Planting season. December 1 to March 1. nn. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. oo. Priority tree. A specimen or heritage tree. pp. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. qq. Protected tree. Any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 3 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. rr. Redevelopment. A land development project on a previously developed site, not including normal maintenance activities limited to the remodeling of existing buildings, resurfacing of paved areas, and exterior changes to improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. ss. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. tt. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. uu. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. vv. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 9 specific criteria as set forth in the tree ordinance, as determined by the city arborist. ww. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the Tree Species List. xx. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. yy. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. zz. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. aaa. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. bbb. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. ccc. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. ddd. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. eee. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 10 fff. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ggg. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the Tree Species List into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). hhh. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. iii. Tree conservation manual. A supplement to the tree ordinance containing standards, procedures and construction details required for tree ordinance compliance. jjj. Tree group. 4 or less trees with overlapping crowns. kkk. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the Tree Species List into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). lll. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. mmm. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown, as shown in Appendix D in the Tree Conservation Manual. nnn. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. ooo. Tree species list. The City of Milton Tree Species List, which is located in Appendix C of the Tree Conservation Manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. ppp. Tree Stand. A tree group of forested area including more than one (1) specimen or heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 11 qqq. Undeveloped property. A lot for which no certificate of occupancy has been issued. rrr. Unhealthy tree. A tree with major structural defects, or a live crown ratio less than 30 percent, or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 7. Protected Trees 7.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 7.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 7.3. Protected trees shall be passively protected throughout their lives as set forth in the Tree Conservation Manual. 8. Specimen Trees 8.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 8.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 8.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 12 b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 8.4. A specimen tree stand must be primarily composed of healthy specimen trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 8.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 8.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 8.7. When development or redevelopment is proposed for a lot, individual and stands of specimen trees shall be identified during the tree survey process and documented on the tree canopy plan. 8.8. Reasonable options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 8.9. On undeveloped lots and lots undergoing redevelopment, all specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 9. Heritage Trees 9.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 9.2. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 13 9.3. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 9.4. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 9.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 9.6. A heritage tree or tree group must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant defects, dieback or disfiguration; c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission; b. Documented age greater than 75 years old; c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator; d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree; or e. Documented historical significance. 9.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 14 before the tree removal permit is issued, if not already nominated by the applicant and approved by the administrator. 9.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 9.10. When development or redevelopment is proposed for a lot, heritage trees shall be identified during the tree survey process and documented on the tree canopy plan. 9.11. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved, if not already nominated by the applicant, approved by the administrator, and identified on the plan. 9.12. If removal of a heritage tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 9.13. Reasonable options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 9.14. The city arborist shall maintain a current list of designated heritage trees. 9.15. Heritage tree locations shall be recorded on the city’s GIS system. 9.16. On undeveloped lots and lots undergoing redevelopment, all heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 10. City of Milton Tree Species List 10.1. There is hereby adopted a City of Milton Tree Species List as set forth in Appendix C of the Tree Conservation Manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 10.2. The Tree Species List shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well- suited to regional growing conditions. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 15 10.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the Tree Species List. 10.4. A species of tree not on the Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 10.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. 11. Hazardous Trees on Private Property 11.1. Once aware, the city shall provide a written notice to the owner of any tree on private property considered by the city arborist to be in a hazardous condition and a threat to public health, safety and welfare and is adversely impacting city property. 11.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 11.3. In circumstances where protection of the public health, safety and welfare is served by doing so, the city may conduct emergency maintenance operations on private property with respect to hazardous trees identified in this section. Emergency maintenance may consist of the removal of trees and other debris necessary in the judgment of the director of community development to remedy a condition created by a hazardous tree. Such emergency maintenance operations conducted for the common good shall not be construed as constituting a continuing maintenance obligation on the part of the City of Milton nor abrogation of the City of Milton’s right to seek reimbursement for expenses from the owner(s) of the property(ies) on which the hazardous tree that created the condition necessitating the emergency maintenance operations was located. 12. Appeals and Variances 12.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal in writing City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 16 within 30 days of the decision with the director of the community development department for relief or reconsideration. 12.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 13. Inspections 13.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 13.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 13.3. The city arborist and/or designated agent shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan for the purpose of assessing site and tree conditions; b. Following the installation of required tree protection measures, but before any land disturbance, for the purpose of assessing compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval, for the purpose of assessing compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years the issuance of a certificate of occupancy or final plat approval, for the purpose of assessing tree health and survival on properties with an approved tree canopy plan. 13.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 17 13.5. The city arborist shall document each inspection on a site inspection form. 13.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 14. Enforcement 14.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 14.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit or, r tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 15. Notice of Violation 15.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other individual or entity has engaged in prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and any other individual or entity responsible for the land disturbance or prohibited activity. 15.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 15.3. If the applicant, his/her authorized agent(s), or the individual or entity otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 15.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. 16. Stop Work Order City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 18 16.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 16.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 16.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the individual or entity performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 16.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 16.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 16.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Land disturbing or tree removal within state water buffer or zoning buffer; d. Improper installation or maintenance of required tree protection measures. 17. Fines and Penalties 17.1. Fines and penalties shall be assessed for citations, according to the following criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 19 a. Any individual or entity who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Any individual or entity who has had two or more violations of previous permits or this tree canopy conservation ordinance within three years prior to the date of filing of the application under consideration, the city shall deny the permit application. c. Each calendar day a violation exists shall be considered a separate offense; d. There are no maximum limitations to the accrual of fines; e. In the event a city tree is damaged or destroyed, the individual or entity responsible may be required to reimburse the city for the appraised tree value; f. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; g. Offenses shall be tried in Milton Municipal Court; h. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, i. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 18. Tree Canopy Management 18.1. On developed properties, tree canopy cover shall be managed through established tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 19. Tree Canopy Priorities 19.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 20 f. Buffers. 19.2. Priority trees for conservation shall be specimen and heritage trees. 20. Tree Canopy Cover Requirements 20.1. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 20.2. Tree canopy cover requirements pursuant to Article III of the tree ordinance and minimum requirements listed in Table 1 shall apply to developed lots as follows: a. When tree removal is approved; b. When an application is submitted for a land disturbance or building permit for the redevelopment of a lot when the redevelopment will affect, in any way, the existing tree canopy cover on the lot; c. When an application for the approval of a concept plan, preliminary plat, or minor plat is submitted for the lot; and, 20.3. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for which tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for a developed lot. 20.4. If pertinent, an application for a tree removal permit, a tree protection plan, and a tree planting and maintenance plan for replacement trees shall be submitted with an application for a demolition permit; no demolition permit shall be issued without an approved tree removal permit, tree protection plan, and tree planting and maintenance plan. 21. Tree Removal Permit 21.1. On a developed lot that is not undergoing redevelopment, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 21.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 21 owner and any individual or entity involved in cutting, removing or damaging the tree. 21.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 21.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 21.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions; however, the owner of such trees shall provide an oral or electronic notice to the city arborist via telephone, text or e-mail and written documentation and photographs of the tree and its condition, the threat it poses, or emergency conditions existing at the time of failure or removal prior to or within three (3) days of the removal. 21.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 21.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 21.8. The city arborist shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 21.9. A tree removal permit shall be approved if one or more of the following conditions are met, as reasonably determined by the city arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 22 e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. A major trunk wound, cavity or decay is present; h. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; i. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, j. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site improvements) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 21.10. A written report by a certified arborist or registered forester may be required by the city arborist with the application for the tree removal permit to verify tree or relevant site conditions. 21.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of tree canopy cover in excess of the number of trees necessary for the reasons stated on the permit application; b. Removal of tree canopy cover in excess of 20 percent of the overall canopy cover;; c. Removal of priority trees and trees in priority areas for conservation; d. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; e. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; f. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 23 g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 21.12. In determining whether to approve an application for a tree removal permit, the city arborist will also take into consideration the amount of tree canopy cover existing on the lot at the time of, the total square feet of tree canopy cover proposed for removal, the amount of tree canopy cover replacement proposed by the applicant, and the number of tree removal permits approved for the lot within the last five (5) years. 21.13. A tree removal permit may be approved or denied by the city arborist under other unique conditions or extenuating circumstances. 21.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 21.15. Tree removal permits shall expire one (1) year after the date of issuance. 21.16. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25 by the expiration date of the tree removal permit. 22. Tree Canopy Replacement 22.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced as described herein, or in a greater amount as proposed by the applicant and approved by the city arborist. 22.2. Trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits shall require replacement as follows: a. The actual tree canopy cover removed if the removal results in the lot having less than the minimum tree canopy cover required for the zoning district as listed in Table 1; or, b. One-half of the actual tree canopy cover removed if the lot meets the minimum tree canopy cover required for the zoning district as listed in Table 1. 22.3. Trees approved for removal for other reasons shall require replacement as follows: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 24 a. The actual tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot has less than the minimum tree canopy cover required for the zoning district as listed in Table 1; b. No replacement of tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; c. The actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; or, d. One-and-one-half of the actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot does not meet the minimum tree canopy cover required for the zoning district. 22.4. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 22.5. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, after the removal of a tree posing an imminent threat, or after the removal of a tree under emergency conditions when verified by the city arborist through the documentation described in Section 24.5. 22.6. Tree canopy replacement requirements shall be waived with respect to the approved removal of trees on a developed AG-1 zoned lot greater than 1.5 acres in an area where agricultural operations will take place and tree removal is necessary to create open land for such operations under the conditions described below: a. Areas one-half acre or greater intended for the feeding, breeding, or managing of livestock, equine, or poultry shall be enclosed by a fence pursuant to Section 64-212 of the zoning ordinance, except that solid/opaque and chain link fences shall be prohibited. b. If agricultural operations do not begin within 2 years after the approved removal of trees for such use, or agricultural operations cease for a period of 2 years more, then the waiver shall become invalid and replacement of the tree canopy originally approved for removal for the agricultural operations shall be required as described in Section 24.3 on the lot within 1 year after the issuance of a written notice of non-compliance by the city. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 25 c. Upon redevelopment of a lot with a waiver of tree replacement requirements for the area used for agricultural operations, the waiver shall become invalid and tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance. 22.7. For specimen tree replacement, the square feet of tree canopy cover to be replaced shall be calculated at 120 percent of the actual tree canopy removed. 22.8. For heritage tree replacement, the square feet of tree canopy cover to be replaced shall be calculated at 140 percent of the actual tree canopy cover removed. 22.9. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 22.10. When a protected tree is removed without a tree removal permit, replacement of the greater of the actual tree canopy cover removed or the standard tree canopy cover credit for the species shall be required, regardless of whether the lot meets minimum tree canopy cover requirements. In addition, this required amount shall be multiplied by the factor as follows: a. Two (2) times for non-specimen and non-heritage protected trees; b. Four (4) times for specimen trees; c. Eight (8) times for heritage trees; and, Replacement trees shall be a minimum 4-inch caliper. 22.11. For protected tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan shall be required prior to the approval of a tree removal permit. 22.12. The tree planting and maintenance plan required for replacement of protected trees on developed commercial and non-residential properties shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 26 d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 22.13. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 22.14. Alternative compliance for tree replacement, pursuant to Section 35, may be recommended by the city arborist for approval by the administrator. ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY 23. Tree Canopy Management 23.1. On undeveloped and redeveloped properties, tree canopy cover shall be managed through established tree canopy priorities, tree canopy cover requirements, and tree conservation and planting to meet those requirements. 24. Tree Canopy Priorities 24.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 24.2. Priority trees for conservation shall be specimen and heritage trees. 25. Preliminary Tree Canopy Plan 25.1. An approved preliminary tree canopy plan that meets the minimum standards set forth in Table 1 and Table 2 shall be required as a condition of approval of any concept plan approval, preliminary plat approval, and minor plat approval. No replanting or recompense will be required upon submittal of such plan, which shall include the following: a. Tree survey per requirements outlined in Section 26.4; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 27 b. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; and, c. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements. 26. Tree Canopy Plan 26.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance permit, grading permit, building permit, or demolition permit. Replanting or recompense requirements must be met upon approval of such plan. 26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 26.3. The tree canopy plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 26.4. The tree canopy plan shall include a tree survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, , species, DBH and square feet of tree canopy cover of all individually growing protected trees on the lot without overlapping canopies, including boundary trees, with specimen and heritage trees identified; c. Location of tree groups and forested areas with a general description of primary species and estimate of average DBH, and square feet of tree canopy cover of each tree group and forested area; The square footage of ground area within the outer perimeter of the combined driplines of all trees within the group can be measured using one of the following methods: 26.4.c.1. On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual 26.4.c.2. Online using the most current aerial photography and an area measuring tool on the Fulton County geographic information system City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 28 d. Outline of the improved area and construction zone (see the detail in Appendix D of the Tree Conservation Manual);; e. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems (septic tanks, lines and primary drain fields); f. Location and type of all existing and proposed utilities; g. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, h. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 26.5. The tree survey shall be certified by a registered surveyor, certified arborist, registered forester, or registered landscape architect. 26.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 26.7. The tree protection plan shall be certified by a registered forester, certified arborist or registered landscape architect. 26.8. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 26.9. The tree protection plan shall be drawn to scale and shall include the following: a. Delineation of the lot boundaries and limits of area where disturbance activity will occur; b. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; c. Location of equipment washout area and equipment maintenance area outside of all tree protection zones and tree planting areas; d. Location of ingress and egress points and access roads for vehicles and construction equipment; e. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; f. Location of the limits of tree protection fencing; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 29 g. Notations of all methods of tree protection to be used with descriptions of materials to be used; h. Illustrations and construction details for the tree protection zone tree protection fencing, and tree protection zone signage located in Appendix D of the Tree Conservation Manual; and, i. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 26.10. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for protected trees approved for removal on developed commercial and non-residential properties. 26.11. The tree planting and maintenance plan shall be certified by a registered forester, certified arborist or registered landscape architect. 26.12. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 26.13. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Delineation of lot the boundaries. b. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. Construction details for planting, staking and mulching located in Appendix D of the Tree Conservation Manual; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, e. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 26.14. The tree canopy plan, tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 30 26.15. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 26.16. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.17. No protected tree damage or removal, or land disturbance shall take place on an undeveloped lot or a developed lot proposed for redevelopment without an approved tree canopy plan showing how tree canopy cover requirements will be met. 26.18. A revised tree canopy plan must be approved before a certificate of occupancy is issued or a final plat is approved if substantial changes to the plan are proposed for the lot or have taken place on the lot. 26.19. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 27. Tree Canopy Cover Requirements 27.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development except where otherwise exempted by provisions of this ordinance. 27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the minimum amount set forth in Table 1 and Table 2and shall include trees in required locations as described in Section 30. 27.3. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for which tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for the entire lot. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 31 Table 1. Minimum Tree Canopy Cover Required by Zoning District Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 20% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 40% T4 30% T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 32 Table 2. Tree Canopy Cover for Undeveloped Residential Lots Residential Lot Size Canopy Cover Impervious Coverage Canopy Cover Requirement Less than 0.33 acre regardless of zoning district N/A N/A 20% max 0.33 – 0.99 acre regardless of zoning district N/A N/A 50% max 1.0 – 1.49 acres N/A N/A Zoning district requirement per Table 1 1.5 acres or greater and not part of a common development 25% or less for at least 10 years prior to development N/A ½ zoning district requirement per Table 1 Greater than 25% or the canopy coverage has been 25% or less shorter than 10 years prior to development N/A Zoning district requirement per Table 1 3.0 - 4.99 acres Greater than 25% * 10% - 15% The zoning district requirement per Table 1 less 5 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 10 percent 5.0 acres or greater Greater than 25% * 10 - 15% The zoning district requirement per Table 1 less 10 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 15 percent 1.5 acres or greater with documented agricultural operations N/A N/A 0% *Residential lots with less than 25% existing canopy cover shall utilize the criteria as shown above for residential lots 1.5 acres or greater City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 33 27.4. In subdivision developments, tree canopy cover requirements shall apply to either the entire development or to each lot within the development. 27.5. Notwithstanding the minimum tree canopy cover requirements in Table 1 for the zoning district, the following exceptions are established: a. Residential lots less than one-third acre in size shall not be required to have greater than 20 percent tree canopy cover; and, b. Residential lots one-third acre and greater but less than 1 acre in size shall not be required to have greater than 50 percent tree canopy cover. c. The residential lot described herein shall be the total lot area minus the conditions of Section 27.3. 27.6. Residential lots that are equal to or greater than 1.5 acre and not part of a common development, and have had 25 percent tree canopy cover or less for at least 10 years prior to development as documented through historical aerial photography or other photographic evidence, shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 27.7. Residential lots that are 3 acres or greater but less than 5 acres in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have 10 to 15 percent total impervious surface on the lot, or by 10 percent (for example, a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 27.8. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 10 percent (for example, a requirement of 60 percent becomes 50 percent) if they also have 10 to 15 percent total impervious surface on the lot, or by 15 percent (i.e. for example, a requirement of 60 percent becomes 45 percent) if they also have less than 10 percent total impervious surface on the lot. 27.9. Residential lots that are 1.5 acres or greater may request that minimum tree canopy cover requirements be waived on that area of the lot where agricultural operations that require open land without trees are proposed, under the conditions that follow. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 34 a. If the agricultural operations do not begin within 2 years or cease for any 2- year period after the issuance of a certificate of occupancy, then the waiver of minimum tree canopy cover requirements for the area shall become invalid and the minimum tree canopy cover requirement listed in Table 1 and Table 2 shall be established on the entire lot within 1 year after issuance of a written notice of non-compliance by the city. 27.10. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 27.11. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 27.12. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 30 of the tree ordinance. e. Existing trees 2 inches DBH and greater, except for invasive species listed on the Tree Species List or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, in groups or stands, especially pine trees, as the conservation of only a single or few trees previously growing within a stand will predispose such trees to windthrow. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 35 g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. Groups of trees with overlapping crowns and forested areas shall be given the actual tree canopy cover credit for the group or area as a whole. h. Individual trees within tree groups and forested areas shall not individually or separately be given tree canopy cover credit. i. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. j. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. k. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. l. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction. m. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the Tree Conservation Manual. 27.13. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the Tree Species List located in Appendix C of the Tree Conservation Manual. 28. Required Tree Locations 28.1. Rural Viewsheds a. Where rural viewsheds that must include trees are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed encompasses 3,000 square feet, a bonus of 600 square City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 36 feet will be added as a bonus for a total tree canopy cover credit of 3,600 square feet. c. Individual trees, conserved or planted, within rural viewsheds shall be given tree canopy cover credit. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 28.2. Road Frontages a. In all new developments, an average of 1 street tree per 50 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the Tree Conservation Manual.. d. Trees in the very narrow or narrow tree canopy size class in the Tree Species List shall not be used to satisfy Road Frontage requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 28.3. Parking Lots City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 37 a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. c. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. e. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. f. No parking space shall be greater than 60 feet from the trunk of a tree. g. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in in Table D of the Tree Conservation Manual. h. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. i. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. j. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 28.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 38 b. Trees within required landscape strips shall be provided as follows: 28.4.b.1. In landscape strips 25 feet wide or less, an average of not less than one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the Tree Species List shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 28.4.b.8. Monument signs, fences, drainage structures, knee walls, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 28.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 28.4.b.11. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 39 placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 28.5. Buffers a. Buffers required pursuant to Chapter 64-237shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, must be replanted. b. Required buffers shall be passively protected for the duration of the permitted use for the site. c. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the Tree Species List and shall be subject to the approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the Tree Species List. d. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. e. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet f. Drainage through buffers is subject to the approval of the administrator. g. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. h. All buffers require a 10-foot improvement setback interior to the buffer. i. No grading is allowed in the improvement setback unless permission is obtained from the administrator. j. Signs are not permitted within required undisturbed buffers. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 40 29. Topped Trees 29.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 29.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 30. Minimum Landscape and Maintenance Requirements 30.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. Tree groups not within a forested area shall be mulched as a group; d. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, e. Mulching shall conform to the standards set forth in the Tree Conservation Manual. 30.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the Tree Conservation Manual. c. Trees conserved and planted to meet tree ordinance requirements shall be passively protected throughout their lives. 31. Landscape Performance Bond 31.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 41 31.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates or as approved by the city arborist. 31.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 31.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 31.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 32. Certificate of Occupancy and Final Plat Approval 32.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 32.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 33. Alternative Compliance 33.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 33.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 42 33.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 33.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 33.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 33.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the Tree Conservation Manual. 33.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 33.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 33.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 33.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 33.11. The applicant shall be responsible for the planting of trees off-site in a tree bank. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 43 33.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 33.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 33.14. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 33.15. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 34. Tree Canopy Fund 34.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 34.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; and, b. Fines for violation of the tree ordinance. 34.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 35. Timber Harvesting 35.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page 44 35.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 35.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 35.4. Thinning shall be allowed in all zoning districts and land uses. 35.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 35.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 35.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the Tree Conservation Manual. 35.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 35.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 35.10. Compliance with the soil erosion and sedimentation control ordinance is required. 35.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. 41 I IP ESTABLISH D 200b CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Managk,?),, AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,vAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO CITY ATTORNEY REVIEW REQUIRED: (4ES () NO APPROVAL BY CITY ATTORNEY: (,�,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ()L4 IT'S )ZCIE 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 Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 04/16/2018 for the 04/23/2018 Regular Council Meeting (First Presentation) and May 7, 2018 (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code. Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed in March of 2018. Since that time, we have made plans to open the pool at the Milton Country Club, which calls for an update to the schedule. The Fee Schedule now includes an admission fee for the pool. The admission fee will be sold two ways; a daily fee and a seasonal fee. The daily fee will be $5.00 per person and is good for one day only. The seasonal pass will permit guests to access the pool every day the pool is open between Memorial Day and Labor Day. The Seasonal Pass will be sold in four, five and six guest varieties with a cost of $200.00, $250.00 & $300.00 respectively. A replacement for a lost or damaged season pass will be $5.00. The pool will not be rentable for private events. The Fee Schedule was reviewed by the Parks and Recreation Advisory Board and they voted unanimously to recommend approval of this fee schedule. Funding and Fiscal Impact: The adoption of this resolution allows the City to gain revenue from the pool and help offset the costs of the pool’s operation. Alternatives: If this resolution is not adopted, our alternative is to not charge an admission for the use of the pool . Legal Review: Jeff Strickland – Jarrard & Davis, April 16, 2018. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges APPENDIX A 34-24 (a) (1)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $25.00 per hour 34-24 (a) (2)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $37.50 per hour 34-24 (a) (3)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $75.00 34-24 (a) (4)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $100.00 34-24 (a) (5)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $500.00 34-24 (b) (1)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $75.00 per hour 34-24 (b) (2)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100 per hour 34-24 (b) (3)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100.00 34-24 (b) (4)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate Determined on am individual case basis, limited to the cost to the City. 34-24 (c) (1)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $25.00 per hour 34-24 (c) (2)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $100.00 34-24 (d) (1)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 per hour 34-24 (d) (2)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 34-24 (e) (1)Tennis Court rental rates at the Milton Country Club - Milton Citizen Rate $5.00 per hour 34-24 (f) (1)Facility rental rates at Community Place - Milton Citizen Rate $50.00 per hour 34-24 (f) (2)Facility rental rates at Community Place - Milton Citizen Rate $200.00 34-24 (g)Facility rental rates at Friendship Community Park Pavilion Only - Milton Citizen Rate $10.00 per hour 34-24 (h) (1)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $50.00 per hour 34-24 (h) (2)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $350.00 Chapter 34 -- Parks, Recreation and Cultural Affairs One Field without lights, two hour minimum rental Refundable Security Deposit Rentals offered with lights and fan in a minimum of two hours Refundable Security Deposit One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Rentals offered in a minimum of two hours Rentals offered in a minimum of two hours Field preparation - dragging and lining Refundable Security Deposit Refundable Security Deposit Rentals offered in a minimum of one hour intervals For a Special Event for a Day One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Refundable Security Deposit Other services; i.e. field lining , etc. Rentals offered in a minimum of two hours Refundable Security Deposit APPENDIX A 34-24 (h) (3)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $100.00 34-24 (i) (1)Camp Joyful Soles $175.00 34-24 (i) (2)Camp Joyful Soles $50.00 34-24 (j)Administrative Fee $15.00 34-24 (k)Employee Discount 50% off of the City of Milton Resident rate 34-24 (l)Non-Resident Rate 50% increase over City of Milton Resident rate 34-24 (m)Independent Contractor Commissions No less than 10% and no more than 30% 34-24 (n) (1)Admission Fee to the Milton Pool $5.00 34-24 (n) (2)Admission Fee to the Milton Pool $200.00 34-24 (n) (3)Admission Fee to the Milton Pool $250.00 34-24 (n) (4)Admission Fee to the Milton Pool $300.00 34-24 (n) (5)Replacement Fee $5.00 At the discretion of the Parks ands Recreation Director based upon services provided and fees charged Refundable Personal Gas Grill Use Deposit City of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors) Non-refundable, Non-transferable Deposit per week Approved Refunds/Cancellations Applies to all individuals and businesses not based in Milton Daily Fee - One Guest - One Admission for the Entire Day Season Pass - Memorial Day thru Labor Day - Admission for up to 4 Guests Season Pass - Memorial Day thru Labor Day - Admission for up to 5 Guests Season Pass - Memorial Day thru Labor Day - Admission for up to 6 Guests Replacement of Lost or Damaged Season Pass Registration Fee per week STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 7, 2018 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 7th day of May, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) MILTON ESTABLISHEP 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2018 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, April 23, 2018 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 (ANO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: uu 17-5 ) z6It, () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 City of Milton, Georgia Fiscal Year 2018 Summary of Departmental Budget Amendments 1 of 10 The goal of the fiscal year 2018 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category includes expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2018 revenue estimates could be adjusted by the amounts indicated in the table starting on page 4. Some of the most significant changes are explained as follows: 1. Property taxes will now be accounted for in the subsequent fiscal year rather than the preceding fiscal year. As a result amendments to the current year and prior year tax line items are being requested. An overall decrease of $289,800 to the prior year line items will be partly offset by an increase of $146,893 to the current year property tax line items which have come in at higher rates than anticipated. 2. An agreement with the Georgia Municipal Association has recovered franchise fees owed to the city for prior year collections. An increase of $65,000 to the cable franchise fees account is being requested to account for these revenues. Additionally, the telephone franchise fees have been coming in lower than anticipated and a decrease of $79,630 is being requested for that revenue account. 3. Local option sales tax is trending higher than projected and is anticipated to be $200,000 more than projected. 4. Court fines and forfeitures are lower than anticipated and a decrease of $100,000 is being requested. 5. An increase of $272,636 in the operating transfer from the Capital Projects Fund will cover costs associated with the annual maintenance contract for the mass notification system ($1,800), the anticipated operating costs associated with the newly acquired property on Dinsmore Road ($155,400), and the expanded use of Alpharetta parks and recreation programming by Milton residents covered by the current IGA between Milton and Alpharetta ($115,436). Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the proposed budget amendments starting on page 5. 2 of 10 FY 2018 Current Budget Requested Amendment Total Amended Budget Revenues: Taxes 25,184,420$ 95,800$ 25,280,220$ Licenses & Permits 548,950$ 6,027$ 554,977 Intergovernmental Revenues 9,000$ -$ 9,000 Charges for Services 444,300$ 48,733$ 493,033 Fines & Forfeitures 475,000$ (100,000)$ 375,000 Investment Income 61,000$ -$ 61,000 Contributions & Donations -$ 12,959$ 12,959 Miscellaneous Revenue 54,200$ 20,940$ 75,140 Proceeds from Sale of Assets 15,000$ 12,000$ 27,000 26,791,870$ 96,460$ 26,888,330$ Interfund Transfers In: Hotel/Motel Tax Fund -$ -$ -$ Capital Projects Fund - 272,636 272,636 Revenue Bond Fund - - - Impact Fee Fund - 27,000 27,000 Total Revenues 26,791,870$ 396,096$ 27,187,966$ Expenditures: Mayor & Council 168,869$ -$ 168,869$ City Clerk 353,535$ -$ 353,535 City Manager 720,886$ 2,685$ 723,571 General Administration 60,374$ -$ 60,374 Finance 495,534$ 17,134$ 512,668 Legal 275,000$ -$ 275,000 Information Technology 787,417$ 16,000$ 803,417 Human Resources 333,864$ -$ 333,864 Risk Management 258,600$ -$ 258,600 General Govt Buildings 197,970$ -$ 197,970 Communications 198,926$ -$ 198,926 Community Outreach & Engagement 118,746$ 1,000$ 119,746 Municipal Court 422,656$ -$ 422,656 Police 4,731,094$ 19,925$ 4,751,019 Fire 6,941,347$ 13,108$ 6,954,455 Public Works 2,405,438$ 67,703$ 2,473,141 Parks & Recreation 1,127,527$ 270,836$ 1,398,363 Community Development 1,127,903$ 5,000$ 1,132,903 Economic Development 272,011$ -$ 272,011 Debt Service 851,712$ -$ 851,712 Contingency 94,119$ (17,295)$ 76,824 21,943,528$ 396,096$ 22,339,624$ Interfund Transfers Out: Capital Projects Fund 1,194,174 - 1,194,174 Capital Grant Fund 28,750 - 28,750 Revenue Bond Fund - - - Special Events Fund 17,450 - 17,450 Total Expenditures 23,183,902$ 396,096$ 23,579,998$ Total Revenues Over/(Under) Expenditures 3,607,968$ -$ 3,607,968$ Beginning Fund Balance 3,340,647 3,340,647 Ending Fund Balance 6,948,615$ 6,948,615$ General Fund Summary 3 of 10 Proposed Budget Amendments Fiscal Year 2018 GENERAL FUND ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES REAL PROPERTY TAX - CURRENT YEAR 100-0000-3111000 10,325,000 133,000 10,458,000 PUBLIC UTILITY TAX 100-0000-3111100 80,000 6,013 86,013 REAL PROPERTY TAX - PRIOR YEAR 100-0000-3112000 300,000 (288,000) 12,000 PERSONAL PROPERTY TAX - CURRENT YEAR 100-0000-3113000 190,000 7,880 197,880 TITLE AD VALOREM TAX 100-0000-3113110 350,000 50,000 400,000 INTANGIBLE TAX 100-0000-3113400 265,000 (45,000) 220,000 PERSONAL PROPERTY TAX - PRIOR YEAR 100-0000-3114000 5,000 (1,800) 3,200 REAL ESTATE TRANSFER TAX 100-0000-3116000 84,000 11,000 95,000 FRANCHISE FEES/GAS 100-0000-3117300 288,000 25,600 313,600 FRANCHISE FEES/CABLE 100-0000-3117500 395,000 65,000 460,000 FRANCHISE FEES/TELEPHONE 100-0000-3117600 104,630 (79,630) 25,000 FRANCHISE FEES/CELL TOWER 100-0000-3117900 3,240 11,000 14,240 LOCAL OPTION SALES TAX 100-0000-3131000 8,500,000 200,000 8,700,000 FINANCIAL INSTITUTION TAX 100-0000-3163000 38,150 5,237 43,387 PENALTIES & INTEREST-REAL PROPERTY TAX 100-0000-3191010 15,000 (5,000) 10,000 PENALTIES & INTEREST-PERSONAL PROPERTY TAX 100-0000-3191020 200 500 700 TOTAL: TAXES 95,800 LICENSES & PERMITS ALCOHOL BEVERAGE LICENSES 100-0000-3211000 145,000 4,000 149,000 ADVERTISING FEE 100-0000-3211010 1,000 1,000 2,000 POURING PERMIT 100-0000-3211400 5,000 1,000 6,000 NPDES FEES 100-0000-3239010 3,000 (1,500) 1,500 PENALTIES & INTEREST-ALCOHOL BEVERAGE LICENSE 100-0000-3244000 500 1,527 2,027 TOTAL: LICENSES & PERMITS 6,027 CHARGES FOR SERVICE OPEN RECORDS FEES 100-0000-3414000 700 950 1,650 ONLINE PAYMENT CONVENIENCE FEE 100-0000-3419001 4,500 15,000 19,500 FALSE ALARMS 100-0000-3421310 5,000 4,500 9,500 FIRE PLAN REVIEW FEE 100-0000-3422010 900 1,000 1,900 FIRE INSPECTION 100-0000-3422020 8,000 2,000 10,000 FINGERPRINTING FEE 100-0000-3423110 14,000 3,000 17,000 MEDICAL REIMBURSEMENT 100-0000-3426000 - 1,583 1,583 BACKGROUND CHECK FEES 100-0000-3464100 5,000 5,000 10,000 ACTIVITY FEES/JOYFUL SOLES 100-0000-3472002 25,000 5,000 30,000 ACTIVITY FEES/HALFTIME SPORTS 100-0000-3472039 2,500 15,000 17,500 ACTIVITY FEES/HYA 100-0000-3472040 40,000 (5,000) 35,000 ACTIVITY FEES/WANNA PLAY BASEBALL 100-0000-3472044 1,800 700 2,500 TOTAL: CHARGES FOR SERVICE 48,733 FINES & FORFEITURES FINES & FORFEITURES 100-0000-3511000 475,000 (100,000) 375,000 Change in revenue recognition 4 of 10 Proposed Budget Amendments Fiscal Year 2018 TOTAL: FINES & FORFEITURES (100,000) CONTRIBUTIONS & DONATIONS DONATION REVENUE-MILTON FIRST REPOSNDERS 100-0000-3711030 - 11,959 11,959 PRIVATE ENTITY GRANT/CONTRIBUTIONS 100-0000-3711200 - 1,000 1,000 TOTAL: CONTRIBUTIONS & DONATIONS 12,959 MISCELLANEOUS REVENUE FACILITY RENTAL/BETHWELL COMMUNITY CENTER 100-0000-3814001 2,000 500 2,500 FACILITY RENTAL/BELL MEMORIAL PARK 100-0000-3814003 6,000 1,500 7,500 FACILITY RENTAL/BROADWELL PAVILION 100-0000-3814005 3,000 1,500 4,500 INSURANCE PROCEEDS-PUBLIC SAFETY 100-0000-3831010 - 17,440 17,440 TOTAL: MISCELLANEOUS REVENUE 20,940 OTHER FINANCING SOURCES OPERATING TRANSFERS IN FROM CAPITAL PROJECTS FUND 100-0000-3912021 - 272,636 272,636 OPERATING TRANSFERS IN FROM IMPACT FEE FUND/ADMIN 100-0000-3912060 - 27,000 27,000 SALE OF SURPLUS EQUIPMENT 100-0000-3921000 15,000 12,000 27,000 TOTAL: OTHER FINANCING SOURCES 311,636 TOTAL 396,096 EXPENDITURES BY PROJECT: PROFESSIONAL FEES (City Manager)100-1320-521200000 9,630 2,685 12,315 Fees related to the GMA franchise fee audit offset by revenues recovered through the audit process CREDIT CARD FEES 100-1510-521100002 30,000 15,134 45,134 PROPERTY TAX INSITE TRANSACTION FEES 100-1510-521100003 - 2,000 2,000 PROFESSIONAL FEES (IT)100-1535-521200000 2,000 16,000 18,000 Funds needed for an information technology assessment (from budgeted contingency) GENERAL SUPPLIES (Community Outreach & Engagement)100-1571-531100000 760 1,000 1,760 Increase to account for State of the City contributions/donations VEHICLE REPAIR & MAINTENANCE (Police)100-3210-522230000 80,000 7,966 87,966 APPARATUS REPAIR & MAINTENANCE (Fire)100-3510-522210004 121,190 4,589 125,779 TURN OUT GEAR 100-3510-531700002 85,831 4,886 90,717 OTHER PURCHASED SERVICES (Public Works)100-4101-523990000 - 1,460 1,460 AMMUNITION (Police)100-3210-531100001 10,000 1,381 11,381 PATROL EQUIPMENT (Police)100-3210-542500007 6,500 8,204 14,704 WEAPONRY (Police)100-3210-542502500 8,000 2,375 10,375 AWARDS BANQUET (Fire)100-3510-522310002 1,800 1,833 3,633 Increase to account for prior year donations and city funding MAINTENANCE CONTRACTS/MASS NOTIFICATION SIRENS 100-3510-523850109 - 1,800 1,800 Increase to account for maintenance costs originally budgeted for in the Capital Projects Fund ENGINEERING & SURVEYING SERVICES (Public Works)100-4101-521200002 10,000 50,000 60,000 Increase to account for costs assocaited with hiring a third-party arborist (from budgeted contingency) EMERGENCY SERVICES ALLOWANCE 100-4101-523850005 16,700 16,243 32,943 Increase to account for costs associated with FY18 storm clean up Increase in credit card transaction fees offset by service fee collections Increase to account for Milton First Responders Foundation Donation Increase to account for insurance proceeds and deductible payments received 5 of 10 Proposed Budget Amendments Fiscal Year 2018 COMMUNICATIONS/MCC DINSMORE ROAD 100-1535-523200007 - 750 750 CLEANING SERVICES/MCC DINSMORE ROAD 100-6110-522100003 - 2,800 2,800 DUMPSTER FEES/MCC DINSMORE ROAD 100-6110-522110003 - 1,500 1,500 FACILITY REPAIR & MAINTENANCE/MCC DINSMORE ROAD 100-6110-522220003 - 8,000 8,000 GROUNDS REPAIR & MAINTENANCE/MCC DINSMORE ROAD 100-6110-522240003 - 30,000 30,000 CONTRACT LABOR/MCC DINSMORE ROAD MOWING 100-6110-523850003 - 42,000 42,000 CONTRACT LABOR/MCC DINSMORE ROAD POOL 100-6110-523850004 - 45,450 45,450 MAINTENANCE CONTRACTS/PEST CONTROL 100-6110-523850102 650 600 1,250 GENERAL SUPPLIES/MCC DINSMORE ROAD 100-6110-531100003 - 2,500 2,500 WATER/SEWAGE/MCC DINSMORE ROAD 100-6110-531210003 - 2,000 2,000 NATURAL GAS/MCC DINSMORE ROAD 100-6110-531220003 - 1,400 1,400 ELECTRICITY/MCC DINSMORE ROAD 100-6110-531230003 - 18,400 18,400 IGA-ALPHARETTA PARKS & REC 100-6110-523850101 350,000 115,436 465,436 Increase to account for expanded use of Alpharetta P&R programs by Milton residents PROFESSIONAL FEES (Community Development)100-7410-521200000 75,000 5,000 80,000 Increase to account for annual Capital Imprvements Element update offset by impact fee/admin revenues CONTINGENCY 100-9000-579100000 94,119 (17,295) 76,824 Decreases: $50,000 to Public Works for a third- party arborist, $16,243 to Public Works for storm clean up costs, and $16,000 to IT for an information technology assessment Increase: $64,948 to account for the variance between revenue and expenditure adjustments in this amendment TOTAL 396,096 Total Revenues Over/(Under) Expenditures - Increases to account for costs associated with operating the Milton Country Club property on Dinsmore Road 6 of 10 Proposed Budget Amendments Fiscal Year 2018 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OPERATING TRANSFER IN FROM CAPITAL GRANT FUND 300-0000-3912022 - 838 838 Transfer in from the Capital Grant Fund TOTAL 838 EXPENDITURES BY PROJECT: SR9 COURT/FIRE/POLICE COMPLEX 300-1565-541300100 678,818 (31,967) 646,851 STATION 42 REPLACEMENT 300-3510-541200001 92,926 (92,926) - STORAGE BUILDING & YARD CONSTRUCTION 300-4101-541200001 359,463 (40,252) 319,211 INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM 300-4101-541401703 1,690,143 (133,952) 1,556,191 PARK & TRAIL EXPANSION 300-6110-541401401 3,163,823 (1,723,895) 1,439,929 Decrease by $1,453,059 to move unspent impact fees received in FY16 & FY17 back to the Impact Fee Fund as well as $155,400 for costs associated with operating the Milton Country Club property on Dinsmore Road and $115,436 for the increase in the Alpharetta IGA fees to the General Fund MASS NOTIFICATION SIRENS 300-3510-542507102 73,005 (1,800) 71,205 Decrease to transfer cost of maintenance contract to the General Fund DOWNTOWN MILTON MASTER PLAN 300-7410-521200001 - 838 838 Increase to cover additional costs associated with the Downtown Milton Master Plan OPERATING TRANSFER OUT TO GENERAL FUND 300-9000-611103000 - 272,636 272,636 Transfer out to the General Fund OPERATING TRANSFER OUT TO IMPACT FEE FUND 300-9000-611108000 - 1,752,155 1,752,155 Transfer out to the Impact Fee Fund TOTAL 837 Total Revenues Over/(Under) Expenditures 1 CAPITAL PROJECTS FUND Decrease to move unspent impact fees received in FY16 & FY17 back to the Impact Fee Fund 7 of 10 Proposed Budget Amendments Fiscal Year 2018 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: STATE GOV GRANT/GDOT LANDSCAPE 340-0000-3343106 4,062 (4,062) - Decreased to account for grant revenue that was never received INTEREST REVENUE 340-0000-3611000 - 190 190 Increase to account for anticipated FY18 interest revenue TOTAL (3,872) EXPENDITURES BY PROJECT: BRANDING & SIGNAGE 340-7410-521200003 4,900 (4,900) - Decrease of budget associated with GDOT landscape grant that was never received OPERATING TRFR OUT TO CAPITAL PROJECTS FUND 340-9000-611101000 - 838 838 Increase to allow for transfer out to Capital Projects Fund TOTAL (4,062) Total Revenues Over/(Under) Expenditures 190 CAPITAL GRANT FUND 8 of 10 Proposed Budget Amendments Fiscal Year 2018 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: IMPACT FEES/ADMIN FUND 350-0000-3413211 43,500 (16,500) 27,000 IMPACT FEES/LAW ENFORCEMENT FUND 350-0000-3413212 23,000 (10,000) 13,000 IMPACT FEES/FIRE FUND 350-0000-3413213 130,500 (58,000) 72,500 IMPACT FEES/ROAD FUND 350-0000-3413214 323,000 (156,000) 167,000 IMPACT FEES/PARK FUND 350-0000-3413215 976,000 (326,000) 650,000 OPERATING TRANSFER IN FROM CAPITAL PROJECTS FUND 350-0000-3912021 - 1,752,155 1,752,155 Transfer in from the Capital Projects Fund TOTAL 1,185,655 EXPENDITURES BY PROJECT: SR9 COURT/FIRE/POLICE COMPLEX 350-1565-541300100 - 44,967 44,967 STATION 42 REPLACEMENT 350-3510-541200001 - 165,426 165,426 STORAGE BUILDING & YARD CONSTRUCTION 350-4101-541200001 - 40,252 40,252 INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM 350-4101-541401703 - 300,951 300,951 PARK & TRAIL EXPANSION 350-6110-541401401 - 2,103,059 2,103,059 OPERATING TRANSFER OUT TO GENERAL FUND 350-9000-611103000 43,500 (16,500) 27,000 Decrease transfer out to account for a more accurate projection of FY18 impact fee revenues OPERATING TRANSFER OUT TO CPF/LAW ENFORCEMENT 350-9000-611101001 23,000 (23,000) - OPERATING TRANSFER OUT TO CPF/FIRE 350-9000-611101002 130,500 (130,500) - OPERATING TRANSFER OUT TO CPF/ROAD 350-9000-611101003 323,000 (323,000) - OPERATING TRANSFER OUT TO CPF/PARK 350-9000-611101004 976,000 (976,000) - TOTAL 1,185,655 Total Revenues Over/(Under) Expenditures - IMPACT FEE FUND Decrease to account for a more accurate projection of FY18 impact fee revenues Increase to account for unspent FY16 & FY17 impact fees transferred in from the Capital Projects Fund and projected FY18 impact fees Decrease to retain FY18 impact fee revenues in the Impact Fee Fund as opposed to transferring to the Capital Projects Fund 9 of 10 Proposed Budget Amendments Fiscal Year 2018 ACCOUNT # CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: REVENUE BOND PROCEEDS 360-0000-3930001 - 17,000,000 17,000,000 Increase to account for proceeds from the upcoming revenue bond issuance TOTAL 17,000,000 EXPENDITURES BY PROJECT: SR9 COURT/FIRE/POLICE COMPLEX 360-1565-541300100 - 15,000,000 15,000,000 STATION 42 REPLACEMENT 360-3510-541200001 - 2,000,000 2,000,000 TOTAL 17,000,000 Total Revenues Over/(Under) Expenditures - REVENUE BOND FUND Projects to be funded by the upcoming revenue bond issuance 10 of 10 I LTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 19, 2018 FROM: Steven Krokoff, City Manager C5) AGENDA ITEM: Consideration of ZM18-01 /VC18-04 - Southeast Quadrant of Birmingham Hwy and Birmingham Road, by OHC Birmingham LLC to request a zoning modification and concurrent variance for the following: 1) Request to modify ZM14-06, Condition 2.a. to the Revised plan Dated March 16,2018; 2) Request to modify ZM 14-03 - To delete Condition 6.c., the reference to the village green; 3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX -zoning district adjacent to AG -1 - Sec. 64-1142(a) (3.)b; and 4) A Concurrent Variance to reduce the Village Green in the southeast Quadrant from 13,000 square feet - Sec. 64-1324(b). MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,XAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (J -NO CITY ATTORNEY REVIEW REQUIRED: () YES (% 140 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0411,5) Z,41t 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.u5 I www.cityofmiltonga.us 0000 ADDRESS SE Corner of Birmingham Hwy and Birmingham Road DISTRICT, LAND LOT 2/2, 379, 380, 413, 414 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING MIX (Mixed Use) and AG -1 (Agricultural) (RZ04-1 16) (ZM14-03 and ZM14-04) ACRES 22.12 EXISTING USE One story block building and single family residence with accessory structures OWNER/APPLICANT OHC Birmingham. LLC, Tad Braswell 5256 Peachtree Road, Suite 195 Atlanta, GA 30341 INTENT A request to modify 1) ZM14-06 condition 2.a.. to the revised site plan dated March 16, 2018 and to modify 2) ZM14-03 to delete condition 6.c., the reference to the Village Green. To request a two part concurrent variance 1) To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG -1 (Sec. 64-1142 (a) (3) (b)) and 2) To reduce the Village Green in the Southeast Quadrant from 13,000 square feet to 12,000 square feet (Sec. 64-1324 (b)). APPROVAL — •• • • of 1 11ENIAL — Modificationof • • • • 16 1 1 ,: WITHDRAWAL /. Page 1 of 16 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 v . IN" r AV FrIl� L f � +t I e 1t �a, Site Map 0 Subject Pared ZM18-011VC1 B-04 yrs SE Quadrant at Birmingham Hwy WaterbodWS Pareds & Birmingham Road o lAwr, Cay Umf City of Milton .�.ti [ LTi � f�•J�k^� February 2018 0 2W eoe Fed B v�ir>acanwu..,in.leC+�lrsw.aeE_ot.i�e,.e+.l+rr_et�anl0i.a .e � LOCATION MAP Page 2 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 I Current Zoning ZM 18-011NC 18-04 e SE Quadrant at Birminghar�H�we PAIM. zowo & Birmingham Road oMftn CM lc -,q IZ�mp il:, NIaA UM�Y6i� City of Mifton "'�"""•'�`�°"`�• Yror M�rYilcdl a sso sm ,aao ,Auo February2018 Poet kese*AaeatX16 CURRENT ZONING Page 3 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 l -• �`�,� � MINCh P I I 7 I i Ncluavuwn.�i — I I i I I SLOW UP OF ENTRANCE OPEN SPACE SCALE:1'-W 1Y l REVISIONS SITE DATA; -ram Ah, 0i i MAP ^..- rs� 0/— �r / I �' fI- -v=\ D� x r�--( I' I � , 1' REVISIONS SITE DATA; -ram 2ONINO MODIFICATION PLAN SULE E.." PPE JINIEY,3010 ECT- m T.o.�wruo �r.u• •w_uu� REVISED SITE PLAN SUBMITTED MARCH 16, 2018 Page 4 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting. 4/19/2018 Zl > C 0 01 F irl"MnRham Hi Roa C.pk.y Ral E.,aW Ado— rim PLANNERS AND ENGINEERS COLLABORATIVE SITE PLANN GELMOSCAK MCIW CTMEMMK. EWINIXIINGMILAW SURVEYING X REVISED SITE PLAN SUBMITTED JUNE 17, 2014 (ZM14-06) Page 5 of 16 ZM18-Ol/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 V� > C 0 01 F irl"MnRham Hi Roa C.pk.y Ral E.,aW Ado— rim PLANNERS AND ENGINEERS COLLABORATIVE SITE PLANN GELMOSCAK MCIW CTMEMMK. EWINIXIINGMILAW SURVEYING X REVISED SITE PLAN SUBMITTED JUNE 17, 2014 (ZM14-06) Page 5 of 16 ZM18-Ol/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-1 16 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.12 acres. At the June 16, 2014 Mayor and City Council, the applicant's request pursuant to ZM14-03 to amend Conditions I .c,, 1.d., 2.a., and 3.c were approved which reduced the approved density for the office, commercial retail, and eliminated the day care facility along Birmingham Road. In addition, the approved site plan replaced some of the townhouse units previously developed with single family detached homes. These amended conditions deleted the requirement for the day care facility and allowed single family detached homes, , NIT -01111111 71s. After further evaluation of the site plan, with original conditions approved pursuant to 20042-1 16 by Fulton County, Staff determined that Condition 1.d. had not been met (Staff also notes that there are two conditions numbered l .d. and this is a typo from the Fulton County conditions), Therefore, the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to Page 6 of 16 ZM18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5; 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 remove the reference to the "community waste water facility" indicated on the site plan within the AG -1 portion of the development. This modification was approved by the City Council on July 21, 2014 15RLDP-000004 - Submittal of Land Disturbance Permit (LDP) - February 20, 2015 The applicant submitted his LDP for the project to the Community Development Department on February 20, 2015 for review based on the approved site plan and conditions as discussed above. After various comments from Staff and resubmittals by the engineer, responses from the applicant's engineer stopped and the permit appeared to be abandoned. ZM16-01 -March 21, 2016 The current owner, Mr. Tad Braswell requested a modification to the approved site plan to replace the retail buildings along Birmingham Hwy with townhomes. Staff recommended denial and the Mayor and City Council denied the request on March 21, 2016 based on the fact that it was not consistent with the Birmingham Crossroads Master Plan which contemplated this quadrant to provide a mix of uses including non-residential. 17RLDP-000004 - Submittal of Land Disturbance Permit (LDP) - August 7, 2017 The applicant submitted revised LDP plans based on the approved site plan and conditions as discussed above. Because of the length of time since the last submittal, Staff required the applicant to resubmit review fees and a new LDP number was issued. Once again, the review process of the LDP occurred with reviews by staff and re - submittals by the applicant. Staff informed the applicant in January 2018 that a Zoning Modification to the site plan as well as concurrent variances would be required to be in compliance with the RZ04-1 16 approved conditions and the Birmingham Crossroads Overlay District. ZM18-01 /VC18-04 The applicant is requesting the following based on a revised site plan submitted on March 16, 2018. Requested Modifications to Conditions 2. To the owner's agreement to abide by the following: a. To the revised site plan dated March 16, 2018 {Jh in',ai 17 ' 7' 2014 site p ZM14-W submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, Page 7 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 6. To the owner's agreement to the following site development considerations: be O - 0R;MUM Gf 50 feet- width O -O O -- - --U-- Gf 11,500SqUGre Requested Two Part Concurrent Variance Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adiacent to AG -1 (Sec. 64-1142 (a) (3) (b)) Part 2: To reduce the Village Green in the Southeast Quadrant from 13,000 square feet to 12,000 square feet (Sec. 64-1324 (b)). The applicant has met this requirement and has requested withdrawal of this concurrent variance. CZIM Meeting - February 27, 2018 The applicant was present at the meeting and there were six attendees present at the meeting. They had the following concerns regarding the zoning modification and concurrent variances: • Increased traffic in the area, especially at the intersection of Birmingham Hwy and Birmingham Road. • In opposition to the approval of the two concurrent variances for the buffer and reduction of the Village Green because it would be inconsistent with the Birmingham Crossroads Plan. • Encouraged the developer to utilize "rural section" or alternative design for roads within the AG -1 subdivision. Analysis and Recommendation of Zoning Modifications and Concurrent Variance Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG -1 (Sec. 64-1142 (a)(3)(b)) The Birmingham Crossroads Overlay District does not address buffers used to separate uses, but the Rural Milton Overlay District (previously called the Northwest Fulton Overlay District) does address this issue. The site is required to meet those development standards that are not addressed in the Birmingham Crossroads Overlay District but required in the Rural Milton Overlay. Although RZ04-1 16 was approved with a site plan without the Page 8 of 16 ZM18-01/VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deterred at the March 19, 2018 Meeting.) 4/19/2018 required buffer shown in it, the Concurrent Variance requested pursuant to VC04-178 was only approved by the Fulton County Board of Commissioners to reduce the 75 foot buffer and 10 foot improvement setback to a 10 foot landscape strip adjacent to the east property line which abuts the electric sub -station. The minutes from the November 3, 2004 Board of Commissioner's meeting clearly states the concurrent variance was only approved for the east property line and the south property line was not approved. Furthermore, the conditions of zoning stipulate the following in Condition 2.a.: "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. Therefore, the zoning ordinance (previously referred to as the zoning resolution in Fulton County) requirements must be met unless a concurrent variance is granted. A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff's opinion that if the requested deletion of the buffer and improvement setback should not be approved because it would offend the intent of the zoning ordinance to provide an adequate buffer between non-residential uses and single family uses or property zoned AG -1. (2) There are such extraordinary and exceptional situations or conditions pertaininq to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The required 75 foot buffer and 10 foot improvement setback does not create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations based on the fact that the site can still be developed with a mix of uses including commercial, office and residential. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The reduction of fhe buffer and improvement setback would not provide the necessary transition from the MIX (Mixed Use) development to the AG -1 single family homes to the south. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The applicant has not provided sufficient evidence that the public safety, health and welfare are secured and that substantial justice was done. Page 9 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferredat the March 19, 2018 Meeting.) 4/19/2018 Therefore, Staff recommends DENIAL of VC18-04 - Part 1. Request of Modification to ZM14-03 6. To the owner's agreement to the following site development considerations: The applicant has requested the above deletion of Condition 6.c. based on the fact that the Birmingham Crossroads Overlay District (Zoning Ordinance) requires the Village Green on the SE Quadrant be a minimum of 13,000 square feet in size. Staff recommends APPROVAL of the deletion of 6.c (ZM14-03) in order for the correct method for the request for a reduction in size of the Village Green be a Concurrent Variance. Request of Modification to ZM14-06 2. To the owner's agreement to abide by the following: a. To the revised site plan dated March 16, 2018 �� ; �n'4 site p' ZM! 4-Wsubmitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance 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. Based on the fact that Staff recommends Denial of the Concurrent Variance, Part I, Staff recommends DENIAL of the Modification of Condition 2.a. as referenced above. If the Mayor and City Council choose to approve the above requested Zoning Modification and Concurrent Variance, Staff has provided the Recommended Conditions below. Page 10 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions should be revised to read as follows: 1. To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,266.97 452.49 gross square feet per acre zoned for retail, service commercial uses and 5,67-1-.2 3,016.59 square feet per acre for office uses or a total of 8,480 3,000 square feet of retail, service commercial and 37,600 20,000 square feet of office, whichever is less, but excluding billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. c. No more than 24 single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4-98 3.62 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. e. To provide an executed copy of a Deed of Conservation Easement between the landowner and a third party which MGiRtOaRS includes the pG4,Village Green, Open Space/Park, Stormwater Management Facility, and Rural Viewshed in perpetuity prior to the issuance of the first Certificate of Occupancy for the development. The developer/owner will be responsible for maintenance of the Village Green, Open Space/Park, Stormwater Management Facility, and Rural Viewshed and shall be open for use by the public. f. Provide a minimum heated floor area of 1,500 2,400 square feet per dwelling unit. g. No more than 9 single family lots within the AG -1 (Agricultural) District Conditional with the lot identified as Lot 1 containing 1.002 acres on Site Plan submitted on March 16, 2018 shall be incorporated into the Stormwater Park/Open Space. Said 1.002 acres shall be subject to Condition 1.e. Page 11 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 2. To the owner's agreement to abide by the following: a. To the revised site plan dated March 16, 2018 1 IeT7 014 si+�a" ZMt4-06} submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance 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. 4. To the owner's agreement to abide by the following requirements, dedication, and improvements: i. Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: iii. Provide a 50 foot wide pedestrian trail easement free of any structures or above ground utilities fer future ,re PedeStFiGR inter_ pGFGel GGeecSGR theeaST Prep rt" lino GR Irnll let 413 and construct the improvements in the location shown on the revised site plan received on March 16, 2018 or as required and approved by the City of Milton Public Works Department. Pedestrian trail shall be open for use by the public. n. All street improvements shall extend across the entire street frontage. Sufficient public right of way shall be dedicated to the City to ensure that all improvements are contained within the right of way. 6. To the owner's agreement to the following site development considerations: q. To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG -1. (VC 18-04 - Part 1) r. A stormwater management park that will serve as an amenity shall be created through a combination of the following landscape and hardscape elements as approved by the Director of Community Development: Page 12 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 Landscape materials around the stormwater pond shall consist of evergreen and deciduous trees and shrubs, as well as groundcovers, ornamental grasses, and perennials that are native to the region and require little maintenance. The plantings shall be designed to create aesthetic appeal and highlight the pond as an amenity rather than provide an evergreen screen to block views to it. The shallow areas at the edges of the pond shall be planted with native aquatic plants to create an appropriately vegetated littoral shelf. Hardscape materials within the stormwater management park shall be specified as shown on Exhibit X and the pedestrian trail system should consist of natural materials suitable for location in a stream buffer. The stormwater management park and stormwater management facility shall be constructed in accordance with the plans as depicted in exhibit A and exhibit B and as approved by the Director of Community Development. S. Mail Kiosk and pump station enclosure shall be subject to the approval of the City Architect. Page 13 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 O J ` • j b�l. A P _ m i'I rE9� �Y REVI910N8: It+±4i �Y •J'�� O REVISED SITE PLAN SUBMITTED ON MARCH 16, 2018 I �1 ZO MODIFICATIOWNN PLAN r7� ZM1 Page 14 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 J ` • j b�l. A P _ 4`3�1e8f rc � ■$i! 11 � rE9� �Y REVI910N8: REVISED SITE PLAN SUBMITTED ON MARCH 16, 2018 I �1 ZO MODIFICATIOWNN PLAN r7� ZM1 Page 14 of 16 ZM 18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 EIHMINGHANJ A. V% 4t. ..... . . . . . .1A If ,Ir n 0 11 iz, 44V=1 L-1 I I I F I F M �1 I �1 -'- 1, r I P1 I > < C� 1: I, IFllllli 111 ., I IL arl `e N FSI CIRNSSROADS QF� 041-a1 I C 0 1,1� rQSL S �j4, 1 ! I ! i "I IMPLANNERS AND ENONEERS COLLABORATIVE R . R I E - -4 WU J.A I -AN "I sL U-1._ Page 15 of 16 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 U E EXHIBIT B Page 16 of 16 ZM18-01 /VC 18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2018 (First Presentation March 5, 2018, Deferred at the March 19, 2018 Meeting.) 4/19/2018 BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 23, 2018 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on July 21, 2014, for petition ZM14-06 that approved a zoning to MIX (Mixed Use) and AG -1 Conditional and condition of an ordinance _ZM14- 03 by the City of Milton City Council on June 16, 2014 property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of a total of approximately 22.12 acres, attached hereto and made a part herein, SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed, and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINEDthis 23rd day of April, 2018. Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions should be revised to read as follows: 1. To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,266.97 452.49 gross square feet per acre zoned for retail, service commercial uses and 5,671.2 3,016.59 square feet per acre for office uses or a total of 8,400 3,000 square feet of retail, service commercial and 37,689 20,000 square feet of office, whichever is less, but excluding billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. c. No more than 24 single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4-.� 3.62 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. e. To provide an executed copy of a Deed of Conservation Easement between the landowner and a third party which MGiHtGiRs includes the pe -r -k -Village Green, Open Space/Park, Stormwater Management Facility, and Rural Viewshed in perpetuity prior to the issuance of the first Certificate of Occupancy for the development. The developer/owner will be responsible for maintenance of the Village Green, Open Space/Park, Stormwater Management Facility, and Rural Viewshed and shall be open for use by the public. f. Provide a minimum heated floor area of 1,590 2,400 square feet per dwelling unit. g. No more than 9 single family lots within the AG -1 (Agricultural) District Conditional with the lot identified as Lot 1 containing 1.002 acres on Site Plan submitted on March 16, 2018 shall be incorporated into the Stormwater Park/Open Space. Said 1.002 acres shall be subiect to Condition I.e. 2. To the owner's agreement to abide by the following: a. To the revised site plan dated March 16, 2018 tn,:a 17, 2014 site plan ZM! 4_W submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance 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. 4. To the owner's agreement to abide by the following requirements, dedication, and improvements: i. Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: iii. Provide a 50 foot wide pedestrian trail easement free of any structures or above ground utilities f^r f f Fe PedeStrirn infer_ PGFGel GGGeSS GR the eGSt PFGPeFt y limo GR IORGI IGf 4 1 `2 and construct the improvements in the location shown on the revised site plan received on March 16, 2018 or as required and approved by the City of Milton Public Works Department. Pedestrian trail shall be open for use by the public. n. All street improvements shall extend across the entire street frontage. Sufficient public right of way shall be dedicated to the City to ensure that all improvements are contained within the right of way. 6. To the owner's agreement to the following site development considerations: MeGSUFed GGGGrdiRg e the GYFFeRt 03) q. To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG -1 . (VC 18-04 - Part 1 ) r. A stormwater management park that will serve as an amenity shall be created through a combination of the following landscape and hardscape elements as approved by the Director of Community Development: Landscape materials around the stormwater pond shall consist of evergreen and deciduous trees and shrubs, as well as groundcovers, ornamental grasses, and perennials that are native to the region and require little maintenance. The plantings shall be designed to create aesthetic appeal and highlight the pond as an amenity rather than provide an evergreen screen to block views to it. The shallow areas at the edges of the pond shall be planted with native aquatic plants to create an appropriately vegetated littoral shelf. Hardscape materials within the stormwater management park shall be specified as shown on Exhibit X and the pedestrian trail system should consist of natural materials suitable for location in a stream buffer. III. The stormwater management park and stormwater management facility shall be constructed in accordance with the plans as depicted in exhibit A and exhibit B and as approved by the Director of Community Development. S. Mail Kiosk and pump station enclosure shall be subject to the approval of the City Architect. -- --------- REVISED SITE PLAN SUBMITTED ON MARCH 16, 2018 IFEMA MAP REVISED SITE PLAN SUBMITTED ON MARCH 16, 2018 of ZIRMINGHAM CR n r= LAMERS AND ENGINEERS COLLAuORATIVE ye -Ni". 1� 7 41 Ell CR n r= LAMERS AND ENGINEERS COLLAuORATIVE 1% - - 4 '! NZIIT�.d Exhibit A ?M5.o l 1 Property Description V(t �.04 .NI that eoct w parcel of land lying ano be.n.3 in Land Los 379, 360, 413 and 414, 2n' Dist-ict, 2'd Secticn of Fu ton County, Georgia and be: rig more pa^tculady described as fol ows• Commencing at a point at tie int_rsection of the southerly rig9, of_%vay of Ri^Ai•aham Rrarl :nsving a variable width right - a4 --tray] and the?asir rly nght-nf." r4 Rirminrgham Highway a k a. State Route 372 (having ar apparent variable right-5f- tuay): thenne, leaving 'he. saird ;tr.;nt of rnmmencerr=rl ana 'urning alth the s0..thery rgr of -way of said Binning ham Rind South 72` 41T 12" East, 376.38 feet,C a Yz reha-found anc the PO,N- OF 3EGINN INS: thence, leaving the said Paint of Beginning and continuing along :ha said nght-of-'stay cf Eirminilham Roacl South 72° 48' 12" Eav 340 46 `ee: to a 3" capped i w' Pn rnwhd, thence, leay.'lg the said right of -way of Birmingham Road and running 2. South 04" 54' 35' West, 52C Epi ieet to a paint; Tenn -e, 3. North 88' 41' 16" East, 7121.86 feet to a point at the common comer of Laid Lots 38C, 3B1, 412 and 413 of the aforesaid District and Sector; thei, De. leavirg said _and Lo: comer end 'unn ng with :he east line of said Land Lot 413 4. South 001 06' 18' West. 635.22 feet to a 1' cr `hp top pioe fou -d: thence, leaving the said line art Land Lot 413 5. Nath 89 59 3Z" West. 533.37 feet to a aouht 1`01.nd In rr.e cen:erltre of an uhnarned creeK: t fence, continuing along the said oenten ne of creek 6. Ncrth 52- 59' 48" West. 23.36 feat; thence, 7. North 33' ':4' 30 Vilest, 46.44 feat: thence, 8. Suulh 53" 36 26" Wt*1, S. 75 •CCL. lhu-wc. 9. Ncrth 8" 46' 02" West. 2274 feet; :hence, 10. Ncrth 2" 15' 34" West. 10.19 Feat::hence. 11, Ncrth 76' 39' 17' 1144st, 10,62 feet; :hence, 12 Ncrth 16" 20' 38' V4*n,.t 19.74 'eat: thence, 13. South 70 J1.48" LVe6t, '28 ' 0 f60t; thancd, 14. Ncrth 8'" 37' 34" Wes:. 30.39 fees tnence, 15. Ncrth 42" 14'47' West 13.83 feet thence. 19 Nr•rth 1 R' 13' d4' 4M-st. 1 g f,_, feet: thenr.F 17. North 50" 01'41' Wast, 17.54 feet, thence. 18. North 72' 25' 33' West. 2414 feet: thence 19. Sncth, 57" 13' 57' :'test 12.39 feet tnence, IRECEIVEf` 20. S;.t:th 42" 51' 59" West 27.80 feet thence, 21. North 12" 33' 18" West, 25 95 feet, thence. 22. North 60` 54' 14" West, 33 80 feet; thence. 23_ North 20" 13' 33" West, 15 98 feet; thence. E? 0 2 2018 24 Scuth 65" 01' 13' VVest.15.45 feet: thence, 25. Scuth 55" 17' 13' West, 14.5' teat; thence. GUY IN Million 23. Norah 84' 18 26" West, IS 14 feet; thens. COMMUnity DeVeloprn, 27 Nortr 75- 05� 22" ~Nest, 3344 feet; thence 26. Suul.h 73" 47'42' West, 25.25 Cost, lhwi.C. 29 Scuth 69` 51' 54' lMeSt, 34.37 feet; thence 30 N4rir' 4V 50 37" West, 1678 feet; tl erce. 31. No& 73= 25 46" Wcst. 8.03 foci tnencc. M. Nartt 27' 37'52" West. .2 79 feet m a poi rt; 'hence. leaving the sa d car.tarline cf creek and runring 33. Nartt 17= +. 2' 4i" 1JVQst, 103 CO fee. tc a'1e' rehar fcurul: thence, 34. Worth 82' 18' 07" West. 325.120 feet tc a 41.' rebar'cued an the aforesaid easterly right-of=rvay of Birmingham Hlgnw;%y; tha"rq rnntir) inr3 alnnrg the sairf rir.h!•nf•way of Rirm,ngharr Hinhway 35. North 02' Q1' OC" East. b1.4 feet to a Dol n:; thence. 36. Nortt 33' 22'51" East. 102.66 feet to a poi -t; therm. 37. North 02' 54'03" East, 173 31 feet to a Ro -t; theme 38. Nortr, 05" 26'07" East. 385.77 feet to a 'I:'' re -oar found; thence. leaving the afcresair, right-of-way of Birmingham Hig h'.vay 39. North 88° 30'-31" Eas:. 376.1# feetto a''T rebarfound; thence. 40. North 05" 13'49' Evat. 176 34 "=to a :h" rebsr found and thtt Pain; cr r-49innin9. 9ald described property cOnhalrS 953.502 square Teel or 22.,1'9C acres cr lana, more or less and ,s subject zo all ngrts-0t- way and easernums. bu.h immudW and ur•recardL%c . Draft Site Plan Submitted by Applicant G. Douglas Dillard 404-665-1241 PURSLEYF"R1_-_`_-d' TRI March 29, 2018 Mayor Joe Lockwood and Members, of Milton City Council City of Milton Milton City Hall 200. 6 Heritage Walk Milton, GA 30004 Dear Mayor Lockwood,arld Members of Milton City Council., E-mail ciclillarcl@pftieg4l,com I am m writing'this letter to clarify issues that were raised at the March 19, 2018 City Council Meeting. As you know, the subject property was originally zoned in 2064 as part 'of a larger mixed use project at Birmingham Crossroacls. The concept approved in 2004 permitted a mix of non-residential and residential uses:[n general accordance with policies adopted . in the Birmingham Crossroads Master Plan. In 2014, the plan was rnadified by, the .Clty of Miltoand d n additional conditions added, but the mixed use, nature of the project was :maintalned. -the - project. that is currently before you is nearly identical to the concept plans previously approved for this project. In fact, the proposed -project is significantly less dense that! what was previously approved for the property, as explained in Table 1.0 below, Specifically, the. current plan proposes 8 fewer� residenti6l units on the MIX portion of the property and shows all residential units within the entire development being singli 4amily detached homes (i.e. no townhomes). Additionally, the proposed project is consistent with many cif the goals and, policies of the Birmingham Crossroads Master Plan.. * Village Green "that shall be 13,000 square feet." p. 30. ® Detention facilities'shall have a naturalistic design and grade that serve'as an amenity t development, p. 311. * Utilization of internal road systems to mi minimize curb cuts on the - Mor arterials. p. 4], Inclusion of trails within the development, p. 14. "Design.of all buildings shall have a pedestrian scale by having architectural detailing, variation in.building massing, visua[ variety, andstreet-orientatloh.r p, 44 "Sidewalk, alternative' pathways,. and path connections from nearby agricultural and residential uses shall be made to the greatest, extent possible.' p. 45.. 001i4q;P;A ,iO4.876.48:H, I NiOIALNADE, SUITU 12Kr PEACH ., FREE S]-, N, E., ATIANT/k, GA 30309 Approved ._4..__ 2014 2418, (current blifference Development request) �erB�it� 33 townhomes 33 townhomes 25'single-family -8. _..... Residential approved (MIX); and/or single- detached haves townhorn e 11 single-family family homes (MIX); 10 single- sISF detached homes (MIX),. 9 single- family detached t ). (AG -1) family detached (AG -1) (AG4) No change to dent;ity tri AP -4* Office: 4,423.53 Office: 4;423.53 Office/Commerc Commercial/ sq. ft./acre zoned sq; fl:./acre zoned ial/ etail: Total Non- or 37AOO square or 3.7600 square square. footage not residentlial feet, whichever is feet, Whichever is to exceed the less (MIX) less (MIX) amount previously approved Detail`/ erviceReiaill/Service Commercial: Cd erci'al: 988.24 sq. ftjacre 988.24 sq, fir./acre zoned or 8,40.0 zoned or 8,400 square feet, square feet, whichever is less whichever is less (MIX) (MIX) a ►care Facility: 1101.000 sq. ft. (MIX) The site plan sloes The site plan does The site plan does Site Plan not show any not show any not show any Mertes buffer between buffer between buffer between the MIX and.AG4 the MIX and AG -1 the MIX and AG -1 zoning districts z6hing districts zoning districts *There are no zoning conditions explicitly limiting residential density on the AG -1 property, Specific conditions of zoning control over conceptual zoning site plans. Courts:favor the free. use of property and any restrictions, on property must be in. the "four cornersof the, .rezonln.g resolution." Cherokee County v_„Martini. 253 Ga. App. 395, 398 (2002).The:"owner of land in fee has the right to use the property far any lawful' purpose. Since zoning ordinances restrict an owner's, -right to freely use his property; they are in derogation of* common law. Thus, they must be strictly construed in favor of`the property owner and. never extended beyond their plain and 0011492.5;1 2 explicit terms. Any restrictions roust be clearly established, and ambiguities in the language. of zoning ordinances should be resolved in favor of the free use of property.." Mart, 253 Ga. App, at 396 (internal citations removed). In 2004,1he conceptual site plan :showed 11 sing184amily detached lots on the AG-1 property. In 2014, the conceptual zoning site, plan sh,owed 9 single= family detached lots on the AG- ...property. 'there are no. ci iib tonin .cern itions did the property which_ [hank the number of Win le-family detached bats an the AG--- props The site plans approved in 2;004 and 2414 both noted that the site plans were "conceptual only and roust meetor exceed the. requirements of the Zoning Resolution [Ordinance] and .these conditions._," The number of single -family homes/lots that can be placed on the AC-1. property is controlled by how the .property is laid. out while complying with the approved conditions of zoning, AG-1 district, relevant overlay districts,and the subdivision and development .codes. Because. of .th[s; arguably a zoning modification request to change the site. plan because of a change to'the AG-1 layout is not required. It should also be noted that a local government has "the duty and,.obligation to. work with` properly owners to allow them :the highest and best use of their property, by considering on its own motion ways]n which the county's objectioh8 to a proposed development could be eased by county action."-.DeKalb Counly v, Flynn, 243 Ga. 679, 681 (1979). The character of the land' in .question is a central factor in this analyss. In fact, a Georgia property owner is entitled to haus a zoning application "scrutinized in light of the character .of the land in question and the impact of the zeroing decision upon [the] ,property owners' rights. A.faflure to afford this scrutiny under the facts in evidence amounts to a denial of due process." Sellars v; Cherokee County, 254 Ga. 496, 497 (1985), Here, it unclear why City staff has recorhmended denial of the proposed site, plan and, buffer reduction, considering the proposed plan is (.1) far less dense: than what was previously approved., (2) .all horses are riow single -family detache.d,.therebyeliminating the need.far a buffer between like uses, (3) the plan is nearly identical to the plans approved by the County in. 2004 and the 'City in 2014, and (4) the plan €sconsistent with the.goals and policies of the Birmingham Crossroads Master Plan. In their staff report, staff= notes the need for a transitlon* between the MIX and .AG-1 zoning: districts.. However, .the proposed use within these districts is identical single-family'deiached homes. Although riot formally characterized or labeled as a transitional buffer, there. fs signifiicaht separation between this AG-1 residential lots and the mrx residential lots, most of wh€ch is proposed to be open space/greenspace and park areas around the detention arnenityjwater feature, Moreover, :if a 75-foot undisturbed buffer is.placed between the AG-1 lots' and'the MIX lots, an additional curd cut will berequired ori Birmingham Highway to access the. AG-1 lots. During the hearing last weep; Council seemed to be unsure: regarding what can be.built on the property pursuant to the'2014 action by the City, As shown in.Table 1.0, the property.ls currently approved for 33 townhomes and .as many single4amily detached. lots as w€if fit .within the AG;-1 zoning district standards (as there is no condition limiting the number of single -family detached lots in the. AG-1 district). The conceptual ,plan.presented Wand "approved by the Mayer and City Council in 2014 showed 42 residential units. Here, we are proposing 35 single -family homes, which is-a reductloh in what: could otherwise be built on the property, 00;I49x3ji Finally, tornments have been made about the applicant seeking a transitional buffer variance in order to Increase density on. site. This is wholly inaccurate.. Even if the transitional buffef between the AG4 zoning di.strict.and MIX zoning district was accommodated, the Applicant - could still construct 30 townhomes and 11 single-family homes under -the current conditions of zoning. Again,.the conditions of zoning control'overthe conceptual zoning site plan. By way of explanation and example, the Applicant went through the exeIrclse. of preparing a site plan to show what could be constructed under, - the current zoning conditions with the 75 -foot transitional. buffer and 10 -foot improvement setback. This site plan is attached hereto at Exh . ibit I ("by right" plan). In addition to the 'by right"' plan . being denser than what V+ as previously approved, the , byright"plan also lacks the mixed use character envisioned in previous "approva Is and in the Birmingham Crossroads Master Plan, The stormwater'detentlon: facility is no . longer a shared amenity between residential uses, there is no 1'nterparcel'connectivity, and an extra curb cut has to be installed along Birmingham Highway to serve the AG -1 lots since these are now wholly separated from. the rest of the project. By forcing separation between the MIX and AG -1 parcels; the City would actually be ;going against, '16 st, many of the goals- and policies of the .131r.mingham Crossroads Master Plan. The.Applicant's proposed plan is more closelyaligned with the vision of the Birmingham Crossroads Master Plan than what would otherwise be allowed on the property with a 75-fbot. transitional buffer. The proposed, prcjqr_H is sigpificantly- less dense thah what was p-reNlously approved for the property; as explainedjn Table I.Q. below, Specifically,the current plan proposes Rfewerresidiantial units on the MIX portion of the property bridshows; all residential units 'within the deVelp merit being single-family detached'homes (i.e. 6 . p no townhorries). For the foregoing reasons, we ask* that you approve the above -captioned. zoning applications as proposed by the Applicant. We would. like to meet with each of you'prior to the April 23 City Council meeting, We will reach out separately to schedule the_ meetings. Thank You and please contact memith any questions. Sincerely, PURSLEYFRIESE TORGRIMS N G. Douglas It d Enclosures cc, Kathleeh Fields, via email Robyn MacDonald., via etimll Ken. Jarrard, Esq., via email' Tad Braswell, via email 003,149.n;l 4 G G BIRMINGHAM HIGHWAY K'A ,ARA GA-IRW2 (ABLE RIGHT DF WAY 11 �i V� �0;5 BIRMINGHAM 14 i��! F(VARIA8,_'��Rld�, or A GASR W372IGHWAy ,IAY),5 &IPH , m u m0flgll im, 95Aq S I H, - I5wild �i - T g- 5 , q - t M NO z"& N m (D * z 'm '4U..^F avzi GZ) 0 zN all i. P I cn H Z. CROSSROADS A SINGLE FAMILY RESIDENTIAL PROJECT .R Oak Hall Campania,, LLC — 5296 I.M. R "waPR''IDE SOLUTIONS" ENGINEERS PLANNERS AND COLLABORATIVE SITE PLANNINGULANDSCAP5 ARCHITECTURE. CIVIL ENGLNEERING.L,SND SURVEYING 13SORESEARCH COURT - —HTRILC0—kS, GEORGIA — - - — (10)411-3915-1, 00 -v 2' Z� z 0 z O z Z 0 z rz 09 Uo Tc: 9- 5;G C, m u m0flgll im, 95Aq S I H, - I5wild �i - T g- 5 , q - t M NO z"& N m (D * z 'm '4U..^F avzi GZ) 0 zN all i. P I cn H Z. CROSSROADS A SINGLE FAMILY RESIDENTIAL PROJECT .R Oak Hall Campania,, LLC — 5296 I.M. R "waPR''IDE SOLUTIONS" ENGINEERS PLANNERS AND COLLABORATIVE SITE PLANNINGULANDSCAP5 ARCHITECTURE. CIVIL ENGLNEERING.L,SND SURVEYING 13SORESEARCH COURT - —HTRILC0—kS, GEORGIA — - - — (10)411-3915-1, 00 -v 2' Z� z 0 z O z Z 0 z m u m0flgll im, 95Aq S I H, - I5wild �i - T g- 5 , q - t M NO z"& N m (D * z 'm '4U..^F avzi GZ) 0 zN all i. P I cn H Z. CROSSROADS A SINGLE FAMILY RESIDENTIAL PROJECT .R Oak Hall Campania,, LLC — 5296 I.M. R "waPR''IDE SOLUTIONS" ENGINEERS PLANNERS AND COLLABORATIVE SITE PLANNINGULANDSCAP5 ARCHITECTURE. CIVIL ENGLNEERING.L,SND SURVEYING 13SORESEARCH COURT - —HTRILC0—kS, GEORGIA — - - — (10)411-3915-1, No Text Effil"Fab"I" T 0.- Mark Massey, Clerk to the Commission FROM: Steven R. Cover,, AICF, Diriactdl��C_ Environment and Community Develooment 1 0 41 SUBACT: Clariffeation ofloning,Condition J.a. Retitions-2IID 4Z -0.11. 6 NF . G - & 2004VC-0 178 NFC Birmingham Highway FOR SPREADING ON -rHF- MINUTtS. th11111,10N111iENt AND GOMMUNIT- OEVELOPMENT � Clarification of toning,: Request approval of'Clarification of'2onIh9 condition pursuant to petitions 20042-0.116 NC and 2oo4-vc-oi!8'NFC. bn November 3) 200 the Board of Commissioners approved the above referenced petitions on 6.63 acres within -the southeast qy.adra.nt of the Birmingham Node at a maximum density of 1,266.97 gross square feet per acre zoned for retail, service commercial uses and 5,'671..2 square feet per acre for office uses, However, the ratified conditions included the wrong, acreage and square footage. Condition 1.a.. should be changed to reflect the appropriate acreagp and sqqOre footage approved. by the Board of ,Commissioners within the southeast quadrant of the Birmingham Node., Therefore, pursuant to petition 20042-0116 NFC,'condition La. should read as follows:. Candition'l.a. 1 To the owner's agreement to restrict the use cif the subject property as follows: a. Retail, service commercial and/or office and accessory uses, including all ekt.ertlor food and beverage service areas, on 6,63 acres, within the Southeast, Quadrant of the: Birmingham Neighborhood Nodeat a maxim ' um density of 1,266.97. gross: square feel per.acre.- zoned for retail, Service COMmercial,uses and 5,671.2 square, feet per :acre for office uses or a., total'o4 8,400 "square feet of retail, .service ;commercial and 37,600, squilfp4eet of.office, whichever is lest, but excluding, billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motel$hotels, adult entertainment establishments, check cashing storesi,pawin shops, coin operated laundries., convenience stares; Video ur6adP5, pool hulla, rnia*oaq'e parlor*, nail salanu; tpoauty sajorls,, barber shapa;.ffela markets, discount retail shops,, roadside: vending, roadside, produce stands orseasonal Vending. -Above, described acreage shall be zoned MIX (Mixed Use) Condftiprial. Q.cfBoard of Commissloners (7) Alice Wakefield, Deputy. DirecuA) Randy Back, Planning Analysis Manager Abdul Akbar;. Engineering , Applicant: A.G. Armstro.hg'Dev.etopment, LLC Represenlativet, Larry Dingle File: 2004x=0116 NFC' A 2004VC-O__'1'7*8 f:lpl ann eyslc ases%Clarif cat Ons.lCLARCKZA 16 *Econornia Development DepartmenteErnergency Communications Departmedto ®Environment &Communitif Developrnenta!Fire' .Departrnent a- oParks & Becv6atio.hoPolice 'Deparfmieyit,!Public Workso F REVI,I,r-D ALTERNATE CONDITIONS - 1 loi..,3/04 if this petition is approved by the Board of Commissioners, it should be approved MIX. (Mixed :Lase} CONOITIONAL and AG . -1 (Agricultural) CONDITIONAL subject to the owner's a . greement to the following enumerated oohditlio.ns. Where these conditions cohfftot with the stipulations and offerings contained in the Letter of Intent, these conditions shall. supersede unless specifically stipulated by the Board of Commissioners. 1. To the.owner's agreement to restrict the use of,the subject Property as follows: a. Retail, service bort mercial and/or office and accessory uses., -including a.][ exterior food and beverage service areas, on 8. ' b ' acres within the Southeast n Quadrant of the Birmingham Neighborhood Node at a maximum density of 9'88.24 gross square feet per acre zoned. for retail, service cornmerdial uses. and 4,423.53 square feet per acre for office uses or a total. of. 8,400 square -feet of retail, service commerci-Al and 37,600 square feet of office, whichever is less, but excluding, billboards; fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor 'package stores,motels, hotels, adult entertai,ornent establishments., check cashing stores, pawn shops, coin operated laundries, conven.lenCe stores., video arcades., pool halls, massage parlors, nail salons, beauty salons, barber shops;,. flea markets, discount, retail, shops, roadside vending, roadside produce stands or seasonal vending. Above des&ibed acreage shall be zoned MIX (Mixed Use) Conditional. b. Retail, service comm. ercial. -and/or office and accessory uses; including all exterior food and beverage service areas, on 2.79, acres within the Southwest Quadrant of the Birmingham Neighborhood Node at a maximum dens ity of 8,316.85 gross square feet pdr acre -Zoned or a total of 23,.204 square -feet,, W.hichbve I r is Jess, but excluding, billboards., ftst food restaurants, gas` and service stations, commercial 'amusements (cinemas- not included.), liquor package stores, motels,,. hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, cohve I nlenc . e stores, video ar6ades, pool halls, massage parlors, nail salons, beality salons, barber shops, flea markets, discount retail shops, roa.d.side. vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. C. No more than 33 toWnhousa dwelling units on " 6.,53 acres within the , 9 Southeast Quadrant of the Birrni'ngham Neighborhood, Node at a Maximum density of 3.89 4.98 units per acre, Whichever 1& less. Above described acreage shall be zoned M,t'X (Mixed Use) Conditional. d. A 10,000 square foot, day care: facility on " -a,.-.63 acres within the Southeast Quadrant of the Birmingham, Neighborhood Node at a maximum KFH (P'\PleinAnalysiE�\PlannerslCasesl04Z-1 16N.1.0 Petition: 2604Zr 0.1 16NFC' .2004.VC:-0178 NFC *ReVi.sed site & Letter -mf -latent receiver/, 1 W26.10 . 4 RIA-. Z85-171 NFC; BOC Meetind., 11103104 WRAP-UP 9--i density y o f -1, , :4 1.,508.3 gross. square fe— per. acre zoned. Above described acreage shall be zoned MIX (Mixed US6) Conditional. d, A community park, community septic syst6m and, residential developffient.oh one acre minimum lots on 13..587 acres outside the !Birmingham Neighborhood Node within the southeast- quadrant of the. 'intersection of Birmingham Highway and Birmingham Road said acreage is to be zoned AG -1* (Agricultural) Conditional.. el To provide an executed copy of a Deed of Conservation Easement- between the landoVvner and a,third party Which maintains the park in perpetuity prior to the issuance of the first Certificate of Occupancy for the development. f. -Provide a minimum heated. floor area of 1,500 square feet per dwelling unit. 2. To the owner's agreement to abide by the following-. a. To the revised site plan :dated October 28, 2004 (Petitio.ns 20042-0116 NFC and 2004Z-0043 NFC combined).submitted to the Department. of Environment and Community Development. 'Said- site plan is conceptual .only and must meet or exceed the requirements 'of the. Zoning Resolution and these conditions prior to the approval of- a Land Disturbance banco Permit. Unless otherwise noted herein, compliance with all conditions shall be in "place priior to the issuance of the first Certificate of Occupancy, b. Limit development,,to a maximum of 15,600 square feet' of office *uses and a maximum 15,000 square. feet of retail uses until such time as a LOP (Land Disturbance Permit) is issued on property pursuant to zoning petition 200,42- 0043 NFC. 3. To the owner's agreement to the following site development considerations for townhouse units: a. No more than Two (2) exit/entrances on t'he south side of Hickory Fiat- Road. Curb out location and alighMent. are, subject to the approval of the Fulton County Traffic Engineer, b. No more than one (1 ) exit/entrance on the south side of Birmingham Road. Curb cut location and -alignment are subject. to the appeoval of the 'Fulton. County Traffic Engineer. C, No more than orae (1) exit/eritrance on the seut4 west side of Birmingham Highway. Curb -cut location and a.lignment aresubject to the approval of the Fulton County Traffic Engineer. KFH (P':1PlanAn6lysis\PiannerstCases1042-116N10) PeCtiom 20042,- 0116 NK 2004VC-01 78 NFC. 'Revised site & Lettefr-of-Intent ruccived 10"261104 RIA;. Z28-1.71 WC BOO MeetlnW 11103104 WRAP-UP d. No residentiai lot shall be pillowed dirept acce,� to Birmingham Road or Birmingham Highwzy. e. Reduce the 75 -foot buffer and 10 -foot i'mprovement setback along the east property line of .the southeast pod to a 10 -foot landscape strip planted to buffer standards'.. (2004VC-0 17& NFC - Part 1.) 4. To the owner's agreement to abide by the following requirements, dedication and improvements: Ei. Reserve for Fulton County along the necessary property frontage of the following roadways, prior tothe, approval of -a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan, All building setback ck lines. shall be measured from the dedication but at no time shall a bLi.ild.ing be allowed inside the area.. of reservation: All required landscape strips and buffers � may straddle th,6 reservation line so that the reservation line bisects. the required landscape strip or buffer. At Ja minimum, 10 feet of the required: landscape. strip Or buffer shall be located outside, the area of . reservation.. All required tree plantings per Article 4,23 shall be placed within the portion of the landscape strip or buffer that lies outside. the area of reservation. 55 feet from centerline of Birmingham Highway (SR 372). or as. may be required. by the, Georgia Department of Transportation; 45 feet from the centerline of Hickory Flat Road; and 45 feet from the centerline. of Birmingham Road. b. Dedicate at no post to Fulton County along the entire property frontage,, prior to. the -approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton. County such additional right-of-way as maybe required to Provide at least 10.5 feet of, right -of -Way -rrarn the. back, of curb of, all abutting road 'i'mprovernents, as well asallow the necessary construction easements while therights-of-7wav -are- being i mproV6d: 30 feet from centerline of Sirmingharri Highway, (SR 372) or as may be required by the Georgia Department of Transportation. 30 feet from the centerline of Hickory Flat Road;.,and 30 feet from the centerlih6 of Birmingham Road. C. Provide q deceleration lane for each project entrance or as, may be required by the,Fulton County Traffic Engineer. Petlt�qn; �004Z- 01 TO NFC KFK (P-,\.PlanAndlys;is\PlannerslCases\04Z-1 I ON. 10) *IluVli5sd site: Sr LeAter-of-Intent recelved I OIZ.6104, printod; I I 122iO4 WRAP-UP 9>3 uu-+VC-VJ I NFG PVA: ZSG--I 71 NFC, Maetl(ng: 11103104 d,. Provide a left c&n lane for each project entra.m,, or as may be required by the Fulton County Traffic. Engineer. el Provide sign6lization at the intersection of Birmingham Highway and Hic.kory / I Flat RoadBirmingham Road, as required by the Fulton County Traffic Engineer. f. Provide a traffic impact mitigation plan to reduce the number of vehicular trips generated by the developroent -to the Fulton County Traffic Engineer at the conce .pt review phase. 9. improve intersection of Birmingham Highway/Birmingham Road and Hickory Flat Road. per Fulton- County Traffic Engineer. K Provide roundabouts. -on Birmingham Road at the> project ontrance.sto eliminate the requjrem.ent for addftiohal: turh:fanes or as may be.:-%apptove6 by the Ful I ton County Traffic Engineer. 5. To, the owner's agreehient to abide by the following: a. Prior to submitting the 'application- for a (LDP) with the Department of Environment and: Community Development, Development, Review Division, arrange to meet with the Fulton County Traffic Engineer.. A signed copy of theresultsof these meetings will be required to be submitted along With the application 'for a Land DisturbandO Permit. b. Prior to submitting the -application for an LDP, arrange an on-site evaluation of, existing specimen trees,/stands, buffers., and tree protection zones within the property boundaries with the Fulton County Arborist. A sJgned copy of the results of these. meetings will be required to be submitted along With the application for an LDP. C. Prior to -submitting the. -application for an LDP,, the developerleh.gineer shall contact the PUblie WorkS Department. v I vater Services Division, and arrange to meet on-site 'with an engineer from the, Surface Water Management Program (SWMP), who is responsible for review of Storm- Water Concept .Plan submittals - dw Prior to submitting tho application for an LOP, the developer and/or engineer shall submit, to the SWMP, through the Development Review Division, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water. The concept plan shall specifically- address the existing downstream, off-site drainage conveyance that the proposed development surface runoff will impact, and the discharge path(8) from' the outlet of the storm Water management facilities to KFH (P;%plnAnaiiisis%piannerstceses104z-716N. I 01 -Pezitloh: 20042- 011,6 NFC 2004,VC-U.1 78 NFC Ietter=vf-lntent received 10/26104 RIA: 2135:-171 NFC Mmerfl-1122J04 BOG Meeting,- 11 f03104 WRAP-UFI 9-4 the off-site .01dina.96 sYsIOM(s) and/or appropria,w receiving waters.. As part of the Storm Water Concept Plan submittal, a pr'eliminary tapodity analysis shall be. perfortned by the engineer on- the off4te drainage system(s) points of constraint. The capacity -analysis shall determine the capacity of all existing constraint points, such as pipes, culverts., etc. from the point of storm water discharge at the proposed dove lopment site boundary downstream to the confluence of the receiving drainage course at a paint where the drainage area is at least ten times the proposed development site area and the next 'downstream drainage area having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer's field observation, professional judgment and limited d field survey data. The analysis shall identify the downstream properties pre and post; development 100-yoar, water surface elevations, and for any post� -development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applica6le offsite drainage easement Io accommodate the 100 -year storm flow through impaPted properties where Fulton County has completed a. model :of the basin, it shall be used by the developer in the analyses. e_ Where. storm water currently drains by sheet flow and it is proposed to be collected to, and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line; such, discharge shall mimic pre -development sheet flow conditions. A description .of the method proposed to achieve post-,deVelopment sheet flow condlitions. shall be provided as part of the Storm Water Concept Plan., Shou''Id. the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather strearn -sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works, This. cphdition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse. f. A draft of the Inspection and maini:enanca Agreement required by Fulton County Codd Sectibn 26-278 shall be submitted to the Department, of Public Works with the Storm Water Concept Plan. The inspection and Maintenance Agreement, shall proAde that all storm Water management/detention facility outlet control structures shall be inspected, photograph ' ed and cleaned., if necessary, on a monthly basis., by nns the ower. The I ,peption and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance doc&nent for use by the owner and/or any professionals retained by the owner,. to plainly describe: the -basic operational function of the facility(les), .including a description of a permanent marker post(s) which shall indicate that the' level of sediment which, if exceeded, requires sediment, removal., KFH I GN, 10 Peiftio.n: 20042n 01'15 NFC 2004VC-01.78 NFC Revised site. Letter -of -Intent received 10/26104 -RA: x86.171 IFP SOC Moe:tinW. I 1'103JO4 FFjf1t8dA1i22jO4 MAPAP 9-5 The Inspectiuii and Maintenance Agreement shat, require an annual 'operation and ma . intename report. fol' all storm water management/.detention ftcilitios 'be prepared by a licensed design professional and submitted to the SWIVIP. The annual report shall include, r-honthly inspections, photographs,, and documentation of the cleaning of storm water managementlelptention facilities outlet control .structure(s) as well as an operational assessrhent of the facilities indicating that they do, or do not,. function as described in the design guidance, document (described above), and if they do not, a description cif specific the specfic actions to be taken to allow the facilities to function as intended. h. Ther required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to Issuance of an LIDP, Grading Permit or Building. Permit associated with,the development. i. The engineer/developer is required to submiti along with the application for an, LDP, signed documentation verifying approval of the Storm Water Concept, Plan., j. Where paved parking areas (including access aisles) are proposed d to exceed 5,000,square feet., the storm water managemerit facilities shall be designed to reduce pollutants such as oil, 'grease and other automobile fluids that may leak from vehi.bles. A general description, or concept, of the. storm, water management facilities proposed to achieve 'the removal of auch pollutants shall be. gubh ' iitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable d0crUMOrItS for a land disturbance permit. k. With the application for an LDP', provide documentation on (such as channel cross-sections, cenf.e.rl ine profile, etc.) describing the -geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the des.ign engineer's judgment are at risk of erosion due to increased flow, provide a -description of the basis utilized in judging -areas to be at risk, and Provide details on the Storm WaterManagement Pian of' the post-dovelopment. channel. bank protection measures,. 1. The developedengineer shall demonstrate t,o the County by engineering analysis ' submitted with the. LDP application, that the discharge. rate, and velocity of the :storm water runoff . resulting from the development is restricted to seventy-five percent (.7511/o) of thepre-development conditions for the 1 -year frequency storm event, up to and including the ten (.10) -year frequency storm event. m. Drainage from all disturbed areas shall be c:Qllected and conveyed to. a. storm' water management facility provided as part of the development, The Storm Water Concept Plan- shall 'identify any proposed areas with incidental and KFH fP;lPlanAhalysis\P;annerslCases104Z-1 16NACi) Petitio.n: 20042- 011 * 6 NFC. 2604VC-0118 NFc Revised site & Letrer-014fltfint. received 10.1126104 R , W Z85-171 40 POntoo:1.1122104 soc Meeting; 11/03104 \iV9AF-UO 9-8 minor release of water not* conveyed to suc.i faci ' lities, subject to the approval of the Director of Nblir, Works, Mans far any lard disturban.ce permit shall show all 'proposed drainage: patterns for the proposed development after its. completion. Any incidental release of unmanaged or untreated storm flows from any .disturbed portion of the developed property shall' be all.owed only with the approval of the Director of Public Works. Other minimal incidental flows specifically approved by the Director of Public Works, bypass flows will not be. permitted except from undistu.rbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all but approved incidental flows from developed lots or parcels,. individual .residences ,or building -structures. III Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection an ' d extreme flood protection in accordance with the Georgia State Storm water Manuali except that the duration of release. for water quality treatment -should be 48 hours. kFH 4P-.iPlanAnaIY5irlPlannerslcases104Z-1 1 GN, 10) Petitiam-20042- 0116 NFC 2004VO-01 78 NFC, 'Reyised'she Ltuvr-sofreceived 10120/q4 F�/A; ZBB-171 NFC' Prin . ied;IV2104, BOG Niaating:'I 1)03/04 %IVRAFUP 9-7 2014 Zoning Modificationd June 161 2014 ORDINANCE NO.14-06-206 PETITION NO. ZM14-03 STATE OF GEORGIA COUNTY OF FULTON CONSISTING OF APPROXI-MATELY22.3 ACRES'. I M IT *ORDMAD by the City Council' -for. the City of Nfilton,.Georgia while in regular.session on June 16,2014 at. 6:00 p.m. as`f6llows: SECTION 1. That. the condition of a. resolutionby the Halton y ton Count Board ofCornmissione.rs, approved on November 3, 2004., for petition RZ04-116 t . hat approved a zoning to MIX (Mixed ixed Use) and AG-; I Conditional,property located o I n.13iriningham Hwy (S12'372). and Birmingha.m.Road consisting of 9 -total of approximately 223 acres,. attached hereto and made, apart herein; SECTIfONl 2. That thepropertyshall be developed, in -compliance,with the conditions of approval as attached- to this ordinance, Any, conditions:hdreby a *roved (including any site plan) ,d'o. not. Pp autho.rizelhe Violation of any -district regMations and SECTIQN, 3. That all ordinances or:part of ordihances in conflict with the terms. of this ord.ffiano6are hereby repealed.; and. SECTION .4. This Gr8iwinceshall become. effective- tpon adoption by the -Mayor and City. Council and-isignature of.approvall of the Mayor. O.RDAINED this 1'6h day of hne, 2014. Approved: .• Joe Lockwog'A4ayor Attest: Sudle,Oordan, City C1 Page 11 of 1.0 RECOMMENDIED CONDITIONS The Mayor and City Council approved this:p!afition. Therecommended conditions (RZ04-116) have been revised to read as fofiows: 1. To the owners a.greement to, restrict the, use of the subject property as follows. ..c. N.o.-more, than 33 townhouseand/or single family dwelling unit"s on 6..63 acres within the Southeast Quadrant of the Birmindham Neighborhood Node of a maximum density of 4,,98'unitS per acre, whichever is less. Above described bed acrea.9 e shall be zoned MIX (mixed Use) Conditional. 2, To the owner's qoroernent to dbide- by the following: Q. To the rev,ised si*te plan dated June 9, 201.4 brhitted. to the- Department of GRd-Community Development. Said site te plan is. conceptual only and must meet or -exceed the. requirements of the Zoning Ordinance ,Rpseli4an acid these conditions p f rior to'the aPprovol.o -d Wrid Disturbance Permit. QnI ' e$$..oltherwise noted herein, compliance with all conditions shall.be in place prior to the issuance of the.. first Certificate of Occupancy - 1 To the owner's agreement to the following site devolopmeht considerations for townhouse units: C. To require conformance with the Georgia Debgrtmer)t Of Tr. osortation - IG DOT"re uirements.:N— R e lci9 '�r%,4 1; rrin ethe lion f. Front Yard Setback: 10.feet, iproVlded_porches 'M jay encroach ug: t .,5 feet.. g. Rear Yard Setback. None Page 2 of 10. h. Height: There shall be a'maxirhuri height firnit of,two stories with the maximum height of 28 feet:,from averooe, finished grade to the bottom of the roof .-eave. L Affnimuln of 86% of common wall shall be contiguous With each adioininq unit.. i. Units shall be rear entry access for vehicles via .alley ways. 4. To the owner's amppmPht to abide.by the following reguirement . s, dedf6aLfioh, and im-oravements:: i. Dedicate at r cost to the ,City of Milton or Georgia Debartment6f Tronsportation (GDOTI prior to the: aporoval of a Land Ditt!jrba nce. permit, sufficient land as necessary to provide the following, i. Provide df least 35 feet cif (J!ght--:Of-Way from'the centerline of SR 372/Birrriinghom Hwy: along* the entire proQgLtv frontage o .as may be reaulred by GDOT. ii. Provide blcveIe Ond_►pedest(jan improvements d[ongentire ij'opertyfrbntage of SR 372/BirmlhgharTJ Hwy Birmingham Rd according to cross- sections in'Chagter 48 -.Streets, Sidewalks and Other Public *'Places ,of the City`of Milton Code of Ordinances und!2s:doprbved by the City of Milton Public Works Department. ProVide a 50 foot wide -ioedeOrla n easement free of an structures or abov�round.ufillties- for future pedestrian inter_ .parcel access oh the east groperty line ph land lot 413 as rea ulred and approved by the Citv of Milton * PublicWorks Deportment-. Access to theesi sift and instaliati-ontmodificdtion-of transportation in€rastructure shall meet Cit�r of Miit.on Cade of Ordinances and AASHTO guidelines and subject to the approval -ofthe GDOT and'the City of Milton Public Works Department, iprior to the issuance of:d Land Disturbance- PetjM-if. Ata minimum, Otovide: i, SB left Turn lane ohSR 372 at new access drive ii.. WB left turn lane on. Biri hihghgm Road. "N L Pagt3 of 10 iii,.EB deceleration lane on Birmingham Road iv. Entrance driveways si dll be provided at a minimum of 100 feet or the 98 .queue lenaftas May be. g0proved by the Director of Public Works, of uhinf erruoted. access. This distance. stance. shail be measured from the edge of the 4hru lone on Birmingham Hwy and Birr-hingham, Rd to fha edge of any interior drive aisle or ncrkina soac6. v. Enfronceimorovoryibnfs-6hBirmirighoMRdshall bedire�,-fl2 across front) Publix Shopping Center existing driveway. k. Cross parcel access to the adjacent commercial fract fo the north should be provided fhraujh ih.0 commercicl areas. Convert the -public access right of way between the residenflal'lots 17-30. toprivate alley. 1. 'Eli'mingfe the public right of way on oll .alleys. m. Provide adeaucto sight distance at all infersecijons,. eliminate on street parking as necessary. n. All street iml2rovemenfs shall extend across f he entire street frontage. 5offiti6nt_dghf of shall be dedicated to ensure that all improvements are contain'ed'Within fhe right of way. o.. Provid-e-a 'minimu'm 'right of way of V behindthe proposed sideWalk throughout the develdbrnenf. p. Provide curbing as approved ,by the Direcfor of Public Warks. 5. To.the owner's agreement to al�idq. by the following o. The stormwater manaQemenf facilities shall ufilize, earthen embankments, where. Walled structures ore not encourgc jed. I'fwalled structures are proposodi. they must -meet the acceptable design standards of the City of Milton Department of -Community Development and the QeoaOment of . Fubfic.Wbrks. L Side: slopes for the stormwater-management facility shall.beng steeper than 4:1 -unless ofher_wis�'= proved by, Public rks Director. Paga 4 of 10 p. Owner shall be reg Qlred to devebo a §tormWater rhanagbrr)ent glan tomainfaih water duality and rate of runoff to protect neighboring persons and -property- from damcae or loss resulting from -excessive stormwafer ronoff, p6lluti n— so! leroslon or deposition -Upon pelvate property or public sheets or water transported tilt dnddebds.. Owner .shall e.required tbhave a'n-000rcivedstor'm"waterconcept plan briar to submission of a. land disturbance. Dermit application. 6. To the owner's - agreement to the folbWino site development considerations: a. Single family. detached lots shall, provide.' i. Front Yard.'Setback: 1.0 'feet ii. Side Yard Setback:',Mi*nirnun) 0 feet with a 1 Q , foot buildin separation ill. Rear Yard Setback: 10 feet iv. Mininnurh Lot Width- 30 feet viii., Maxlni m lot width of 50 feet'with variable lot widths. encourag-ed. b- Af which time that 50 percent of fhe residential units .are Issued a landscape pion -shall be provided to the OW.Arbbris-flor-c6proval and installation and installed within 90 days. Also at such time. 50%. of, the residential units are issued a certificate ofoccup-ancy, the sidewalk and street't're-es shall be installed. soua r& feet in areomeosur6d accordhg to the current, setback.and an additional 1 500 square feet within the-.,deveior)ment. Pap 5 of 1.0 7. Tothe owner's agreement to the following' drchijectuml requirements for residential structures: a. Architectural elevations shall be reviewed and.approved by. the City Architectpriorto the issuance of a .building 'perrriif. These future will be referenced as the "R.urai Milton OverIcYl and provide ,360-de!gree 0 i. Design and architecture. shall be consistenf with the attached lifustrationslelevations received June '?,:2014 bv ihe Citv of Milton Community Development department, .b. -S:IAnjg gable or NO front (p&ncj�Z) building mass with the possibility of a -subordinate secondary mass andjor a separate carridge, house mass. -Queen Anne"L" shaped roof mass 15 -acceptable -Forms primaty. mass. C., Desian should be. based on Vernacu'lar forms.. :See illustrations affached. I -houses are particularly appropriate to the area. Acadian influence cdh'be seen in local examples (Hopewell. Houso). Acceptable styles'include Verna ,glcrd-nd Qween Anne. .Ornamental elements if used at all, should be used with restraint �Federgl, Greek Eevival, Camenter-Gothic, and Folk Victorian)'. d. RovV houses should be bf uniform character and finish, and aligned at the front (The Old Bricks, Roswelil, Exuberant expressions -should be avoided and instead compositions that are harmonious, beautifully pr000rtione-d and detailed should bigiWiliLed. e1 Porch elements should.face streets and public: ways and spaces. someti'mes ate locatedwiffiln the mass (Hooewoll House, Hembree. Farm'house), ii. Front porches may have a -wooden porch: floor system and Page :5 of M V. Porches shall be supported on 1.8," masonry [piers. f) Cornet 1b.tS shall' Piave side gorchesor be designed with recesses and projections as to discourage a -sinql'e plane or wall. ,,q Windows arid doors (fenestration} should be of vertical proportions, 'both in terms of_ggjual�amb openings and individual pane -size_ i. Pdnes should be bf'similar 'brobortjcns.'on the sortie. building, revival fret transoms and'sid6liglit-s may be an exception. iii. WjridoWs mbst be of similar sizes rind generally i4bt ganged. V. Shutters shall bo authentic fully alterable and capable of totally closing on, the window sash. h) Chimneys should be expressed in brick or stbne_exfernpj to the building mdg- and centered on I) _-Exterior trims 'hall .be of local historic character. j. Authentic,: flet casings (full 2x4j, restoration sills, full-2x.corner boards, cornice assembly.6f 514-carid:2x:members, -authentic sash windows with SDL's: or TDL's.,solld wood posts that.gre chamfered: and thick too sidiha (Artisan series Hardie'') are required on clapboard sfru6tures, ji.A'11'exterior ventilation materials .shall comgly with the architectural period theme for the development. wall finishes shall'conformto the following. L Authentic Board andbdtten may be used on secondary amasses: H. Fiat panol materials with apiplied batons.dre not allowed-. HL Wood mold brick of 1-roddish- brown local. historic color. wl� V. Tygicglly, brick is used on commercial buildinQs-Lond row housos.but is also acCegfable on houses as apj2LOVbd: by the Cify Architect.. A. Na more, than 3' different exterior "wall materials. Pagt 7 of 10 Roofs should be gabled Wifh tlooes from 6:1,2 to 10.1. 2 i. Maferials should be shake, wood shingle, orstanding seam 'galvanized rrietal -or unfinished. aluminum.m) Exterior light fixtures and dbor hardwarejo be industdol/turdl iacharacter or asbpproved by-thei City Architect � . | i. Plant materials- shouldbe native and/or historic. 'Thi.s.includes ` fnees�. / Page 8 of 10 an REVISED SITE PLAN RECEIVED bN JUNE 9,:2014 Paga..9 of 1.0 FAMEMN LIREGAL nESCRIPIIIOIE 0AId trect c -onto iaging 22;30 inure or few, PA9P 10 of 10 RECEIVSP 7 M `.4 ALL THATTRACT ORPARCEL OF LAND lying and being in Land Lot 380.&M3 of the 2"" -r'), Districl..ec Isecd o City of Ulton, Fultbri County..G"Iu Brid bolng mare particularly deaaibed as follows'. squInring at 6 Comer common to Lund Loft 280, 381,;452 &413;!,hepcq along kbe Land [.,;it line romiTiDn to Larm Lots,402 &:413. .Uouth 00 ftreeb 31 mirmtes 40 seconds rest. a dWance of 534: 4 fast to a point; themi 5outfi`89 degrees 12 rnlnutes 33.se: orals M51 a,:distan6e of j. ofaeek Um- 522:41 feet to a pd rbe 2nflnMng eou-ses. and.0161ahmv. North 56 ;Iaotees 14.rnItn4tas80 somnds,.Wsst a distarlps'of 151.1-4 fact.to 9 point thonoo GetAh 84dcvgfrarx- 61 minut-...06 occohdsWcst a distan6o of 54.131 ftwi fu -.q pLklij theffice,Noith 55&3graes 40 minutes 53 aecunds wecs(;s ti6tai-we or 75,6E kW jo,a,patntj Mance Soulh,"-degreen SI minutes DItseconds West a dIsImnCe of 28.05 feet to a. pow. thence North 34 degrees 21 afmies4l seconidg Wasta d iswinCEF of 72.96 feet 16 paint; South7a domraQ&05 minutes 44.saawd WW.a di9tance of 139,1]9 (satto a paint; twce point *lance North 39 d400s 40 mintior. 48 =condo Wcstz dkunco,ot 4 B:03 fact to an !#!ffnioe Ip-avirgsaid up.Lvk ttt a WfnI: ltmwis.Nuzlib IE-ftievs 2f3 minijta� 52'sUCwdii.Weal a distance of 1100.24ftetto,apolnt thano6Uortft.133 do$m& vininuies.41 . seconftIA1061. a dlsbPrluenf 125.74 &M to, point onthe airminghanh kvy{Appiirpnt, 4fy pM, V=ce,along&Wd ri4f*.oF.%vay lira North 02 da0mat 46 rrdsadn&Sffavaconds East a dIstanw of 715.03, .bfA to a holnt`thanca leaving said 4M�'-liney i�North 07 ftreer.Za r minutes 34 point; Ih6noe� Norm 03 dog Fees V minutes 49 surds. Ent -a ft*ariae, of 17'8.130 fe*l to a Wnt'on the st�uttiecly right tsf-vreY lite d §rrn nGharn Road (Afipj!RM fln' RAN),.bliarra- abrm "Id right, nf:waylnp.qo6th 74 d6jreet 14 WM46� Q w6nos Eftj a distanae of'244.09fanfl[6 a pqInt; "noa IwAng said fight-of- w&j [hie South CA daqw*s 06winutas .00 sa=nds V.'6sta 4i;Manca of.525.87 faatto.,a paint,, tbe= North 6.8degr&-5-60 minutes 57 5econdS.Eett a05tarxe orMftfeetlDa po.irt and the POINT OPBEGINNINII 0AId trect c -onto iaging 22;30 inure or few, PA9P 10 of 10 RECEIVSP 7 M `.4 No Text : ) I C, Z Ul > LLF LL 0 LU ir No Text wdm Lu 0- UJ LU UL I. ZO) LU UL � \ NJ a. > 94w cc LU No Text I I 9m, 91 No Text No Text uii rim I'S I. - I No Text I- Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6;00 pm Page 5 of 118 3. Consideration of ZM14-05 — 16720 Quayside Drive Zoned CUP (Community Unit Plan) to Modify Condition 3.a. (RZ06-70) to the following: To Reduce the Front Setback from 30 Feet to 28 Feet and 3 Inches by Jane A. Schwartz. ORDINANCE NO. 14-06-205 (Agenda Item No. 14-157) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Thank you, Mr.. Mayor. This slide here shows the property in question. The current zoning is CUP as previously mentioned. The condition requested to be modified. The minimum design standards for the CUP are a minimum front yard setback of 30 feet. The request is to reduce the front setback from 30 feet to 28 feet and 3 inches. As background, the subject site is located in Kingsley Estates which is zoned CUP, Community Unit Plan, pursuant to RZ06-70 and is developed as a single family residence. After an as -built survey was completed, it was discovered that a small portion of the existing house encroached into the minimum front yard setback at 28 feet 4 inches. The Community Zoning Information Meeting was held on May 26, 2014 and there was no one in attendance at the meeting. This is the site plan showing the encroachment in the front of the house over the setback line. Our recommendation is based on the small encroachment that does not negatively impact the existing lot or nearby property. Staff recommends approval conditional to modify condition 3a as requested. To the IF, owner's agreement to the following site development considerations the minimum design standards are minimum front yard setback 3 feet except for 16720 Quayside Drive, Lot 48, to be 28 feet 3 inches. That is my presentation. Mayor Lockwood Does anyone have any questions? Jane Schwartz, 16720 Quayside Drive, Milton, GA 30004 1 am happy you will hopefully approve it. The builder, I guess, didn't figure that out when they did the foundation and so 23 feet is kind of the area that is encroaching so it is not noticeable. Motion and Vote; Councilmember Mohrig moved to approve Agenda Item No. 14-157. Councilmember Longoria seconded the motion. The.motion passed unanimously (6-0). Councilmember Lusk was absent from the meeting. 4. Consideration of ZM14-03 — Southeast Corner of Birmingham Highway and Birmingham. Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) to Modify Conditions Le., I.d., 2.a., and 3.b. (RZ04-0116) by Capkey Birmingham Partners, LLC. ORDINANCE NO. 14-06-206 (Agenda Item No. 14-155) -i (Kathleen Field, Community Development Director) w Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 6 of t 18 0 Kathleen Field, Community Development Director Thank you, Mr. Mayor. This slide shows the property in question outlined in red. Current zoning is a combination of AG -I and MIX. The original site plan was approved pursuant to 20042-116. This was the plan back in 2004. This is the revised site plan that we are considering this evening which was submitted on June 9, 2014. In terms of history and background, the subject site was rezoned from Cl (Community Business) and M1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 which is the subject site and RZ04-43 which are the northeast and southeast corners zoned C1 conditional. The final conditions approved for all three quadrants was derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan which amended 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 residential units per acre. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.3 acres. The applicant has submitted a site plan that proposes to reduce the approved density for the office commercial retail and eliminate the daycare facility along Birmingham Road. The applicant is proposing to replace some of the townhouse units previously developed with single family detached homes. In addition, the applicant has indicated that they will develop the property but will seek a home builder to build the residential portion and mark the non-residential portion for future development. The applicants were present at the meeting as well, I'm sorry, this is the CZIM meeting of May 27th. The applicants were present at the meeting as well as nine members of the community who voiced the following concerns and issues regarding the proposed development: 1. What will be the design of the homes on the site? There should be specific types of designs and elevations for the development and these should be included in the conditions of zoning. 2. Wanted to ensure that the higher -density residential and non-residential be conditioned to the approximate 6.6 acres and not "spill" into the AG -I property to the south or east. 3.. Suggested a more "rural" feel to the street pattern with granite curbing, gas lights, and an organic pattern to the landscaping. 4. Asked that an internal pedestrian path system be provided that connects with Birmingham Highway and Birmingham Road for subsequent connection to Birmingham Park to the northwest. 5. The community asked that the original conditions from 2004 be included in the current conditions. 6. Confirm acreage for the MIX and the AG -I portion of the development. 7. Request that the AG -1 parcel needs to be tied to current AG -1 standards. 8. Request that the original agreement, stating that the townhomes need to tie into their own community septic system should be restated here; also that the AGA lots will be served by individual septic systems. 9. Provide specimen tree inventory and green coverage and specify what will be saved. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 7 of 118 10. Asked that the applicant work with GTC to provide buffers to the substation or a combination of the applicant and GTC provide buffers. 11. Would like the specifics of what type of detention facilities and what it/they will look like. 12. Expressed wanting Lew Oliver to be involved now and in the future, if the developer sells to another builder. 13. Citizens asked the applicant for another meeting to respond to the issues raised. Since the time of the CZIM, staff has met with the applicant, his engineer, and his designer, Lew Oliver, to discuss some of the issues voiced at the CZIM meeting. The applicant agreed to provide elevations and verbiage that would guide the architecture of the residential portion of the development in the future. The staff also agreed that the applicant would submit a revised site plan indicating varied lot sizes for both the single family residences and attached residences. The revised site plan submitted on June 9, 2014 indicates a minimum lot width for single family residences as 35 feet with a maximum of 50 feet (Lots 1-16 and 24 -30). The attached townhouse residences indicate a minimum of 30 feet and maximum of 45 feet (Lots 17- 23). Proposed modifications to conditions. The applicant wants to modify the existing conditions as follows: To add no more than 33 townhouse and/or single family dwelling units on 6.63 acres within the southeast quadrant. In terms of the daycare facility, he wants to cancel that requirement. To the owner's agreement to abide by the following: To the revised site plan we are now making reference to the site plan dated May 7, 2014 as opposed to the older site plans and updating this to the Community Development Department as opposed to Fulton County. To the owner's agreement to the following to require conformance with the Georgia Department of Transportation (GDOT) requirements as opposed to the specific conditions that were originally attached to the rezoning. After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff has determined that the following condition has not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions). The condition that has not yet been met and which we have agreed with the applicant will be brought up at next month's meeting is that the current condition talks about a community park, community septic system and residential development on one acre minimum lots on 13.587 acres outside the Birmingham Neighborhood Node within the southeast quadrant of the intersection of Birmingham Highway and Birmingham Road said acreage is to be zoned AG -1. The applicant has not indicated that anew community septic system would be constructed within the southeast quadrant as well as a community park. Staff has suggested that this condition I .d. be amended as requested by the applicant as a new Zoning Modification request to be heard by the Mayor and City Council on July 21, 2014. The applicant has agreed to the new Zoning Modification request to amend the above mentioned condition. And, what this means is essentially that the original plan called for a separate community septic system. As you know, there is one by the Publix Supermarket for that quadrant and the plan calls for a separate one to serve the MIX area that is under discussion tonight, that 6.63 area. The applicant wishes actually to use the Publix supermarket's, that quadrant's community septic system. And, so to do that, he is going to have to get a modification to the 2004 zoning plan. So, that is what he will be coming in for next month is to be able to share the existing community septic system serving the Publix and that quadrant as opposed to building a new one for this southeast comer. Staff recommendations. To the owner's agreement to restrict the use of the subject property as follows: Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 8 of l 18 No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the southeast quadrants' Staff recommends the following development standards for the single family detached lots be included in the Recommended Conditions: * Front Yard Setback: 10 feet ® Side Yard Setback: Minimum 0 feet with 10 feet between buildings • Rear Yard Setback: 10 feet ® Minimum Lot Width for detached dwellings: 35 feet ® Minimum Lot Frontage: 35 feet • Height: 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. ® Units shall be rear entry access via alley ways Staff recommends the following development standards for the proposed townhouses be included in the Recommended Conditions: • Front Yard Setback: 10 feet ® Rear Yard Setback: 10 feet • Height: 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. ® A minimum of 80% of common wall shall be contiguous with each adjoining unit. • Units shall be rear entry access via alley ways Based on the above analysis, Staff recommends approval conditional to modify Condition l.c. with the above stated conditions. To the owners agreement to restrict the use of the subject property as follows: Staff agrees to cancel out l .d. To the owner's agreement to abide by the following: To the site plan dated, and this is the latest site plan we have included now is June 9, 2014. Staff is recommending that a condition be included stating the following: At which time that 50 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, 2014, a planting plan shall be provided to the City Arborist to be approved for installation. The maintenance of the landscaping shall be the responsibility of the property owner of those commercial parcels. So, what we are saying is that 50% of the residential is completed, we want a planting plan to make sure that vacant area is slated to be commercial is landscaped and that at such time that 75% of the residential units are issued a certificate of occupancy, those areas shown as commercial on the revised site plan submitted on June 9, shall commence construction. So, we are tying a performance between residential units at 75% of that performance time we would then expect to see the commercial start. Staff recommends that the proposed square footages be eliminated from the site plan and any future development would be driven by the available room for parking within the 6.63 acres of MIX (Mixed Use). And, what we are essentially saying here is that rather than putting specific square footages for commercial, retail, office, restaurant, when one builds out to 33 housing units whether they be townhomes or single family or MIX, the space that is left has been set aside for the mixed use of retail, office or restaurant that be driven by the amount of parking spaces available because there is such a difference between requirement for parking for restaurants as opposed to requirements for office so that, in essence, we would be looking for this to be non-residential use but the uses would require obviously the required amount of parking spaces to accommodate it. We thought that was a better way of doing it Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 9 of 118 rather than tying up a building for restaurants with all those parking spaces when, really, the market would say that it might be a better use to be retail. So, we are essentially backing into those uses based on the parking requirements. The village green is recommended to be at least 50 feet wide and 13,000 square feet in area. Therefore, staff will include a condition that this area remains a village green as described above. Staff recommends that the site plan indicate future vehicular and pedestrian inter -parcel access to the C- 1 tract at the southeast comer of Birmingham Hwy and Birmingham Road. At which time this parcel is developed, the village concept can be continued to the north and be consistent with the Birmingham Crossroads Plan. A Recommended Condition will be included to reflect this request. The site plan still does not indicate internal paths that would ultimately provide accessibility to Birmingham Park via the frontage on the west side of Birmingham Hwy north of Hickory Flat Road. Therefore, Staff will include a condition to include an internal path within the entire development including the AG -1 portion. The community, staff and the applicant were in agreement to install granite curb throughout the development. The Public Works Department has revised the recommended conditions to reflect this change. To the owner's agreement to the following site development considerations for townhouse units: To require conformance with the Georgia Department of Transportation (GDOT) requirements. In terms of recommended conditions, I am going to list all the conditions that we would recommend to along with this zoning modification. To the owners agreement to restrict the use of the subject property as follows: (a. and b; extra d. through f. see Fulton County Conditions attached) No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. D is out. 2.a. To the revised site plan dated June 9, 2014. And, then I am going to go down to 2.b. see Fulton County conditions attached. 3. To the owner's agreement to the following site development considerations for townhouse units: (a. and b. see Fulton County Conditions attached) c.to require conformance with the Georgia Department of Transportation (GDOT) requirements. And, then below (d. and e. see Fulton County Conditions attached). Recommended conditions are as follows: Townhomes ® Front Yard Setback: 10 feet ® Rear Yard Setback: 10 feet ® Height: 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. ® A minimum of 80% of common wall shall be contiguous with each adjoining unit. • Units shall be rear entry access via alley ways. To the owner's agreement to abide by the following requirements, dedication, and improvements: (a. through h. see Fulton County Conditions attached) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: ® Provide at least 35 feet of right-of-way from the centerline of SR 372/Birmingham Hwy along the entire property frontage or as may be required by GDOT. Provide bicycle and pedestrian improvements along entire property frontage of SR 372/Birmingham Hwy and Birmingham Rd according to cross sections in Chapter 48 Streets, Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 10 of 118 Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. • Provide a 50 foot wide pedestrian easement free of any structures or above ground utilities for future pedestrian inter -parcel access on the east property line on land lot 413 as required and approved by the City of Milton Public Works Department. • Access to the site and instal lation/modification of transportation infrastructure shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. At a minimum, provide: • SB left turn lane on SR 372 at new access drive • WB left turn lane on Birmingham Road • EB deceleration lane on Birmingham Road • Entrance driveways shall provide a minimum of 100 feet or the 95%b queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Birmingham Hwy and Birmingham Rd to the edge of any interior drive aisle or parking space. • Entrance improvements on Birmingham Rd shal I be directly across from Publix Shopping Center existing driveway. • Cross parcel access to the adjacent commercial tract to the north should be provided through the commercial areas. Convert the public access right of way between the residential lots 17-30 to private alley. • Eliminate the public right of way on all alleys. • Provide adequate sight distance at all intersections, eliminate on street parking as necessary. • All street improvements shall extend across the entire street frontage. Sufficient right of way shall be dedicated to ensure that all improvements are contained within the right of way. • Provide a minimum right of way of 1' behind the proposed sidewalk throughout the development. • Provide a minimum of 4" granite curb on the typical section. Eleven and half (11.5) foot lane width is measured from the face of the curb. To the owner's agreement to abide by the following: (a. through n. see Fulton County Conditions attached) • The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. • Side slopes for the stormwater management facility shall be no steeper than 4:1 unless otherwise approved by Public Works Director. • Owner shall be required to develop a stormwater management plan 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 or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. To the owner's agreement to the following site development considerations: Single family detached lots shall provide: • :Front Yard Setback: 10 feet • Side Yard Setback: Minimum 0 feet with a 10 foot building separation • Rear Yard Setback: 10 feet Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 11 of 118 Minimum Lot Width: 35 feet Minimum Lot Frontage: 35 feet ® Height: 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 cave. • Units shall be rear entry access via alley ways At which time that 50 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, 2014, a planting plan shall be provided to the City Arborist to be approved for installation. The maintenance of the landscaping shall be the responsibility of the property owner of those commercial parcels. At such time that 75 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, shall commence construction. Provide a village green on the south side of Birmingham Road and west of the primary entrance off of Birmingham Road. It shall be a minimum of 50 feet in width and a minimum of 13,000 square feet in area. Provide internal pedestrian trails within the MIX and AGA districts to provide future connection with Birmingham Park. To the owner's agreement to the following architectural requirements for residential structures: • Architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit. These structures shall be consistent with consistent with the Characteristics of the Northwest Fulton Crossroads Community (Seo 64-1150) (In the future will 'r be referenced as the "Rural Milton Overlay") and provide 360 degree architecture. • Design and architecture shall be consistent with the attached illustrations/elevations received June 9, 2014 by the City of Milton Community Development Department. • Single gable or hip front (primary) building mass, with subordinate secondary mass, separate carriage house mass. Queen Anne "L" shaped roof mass is acceptable. Forms should reflect importance of function, i.e. primary mass should have taller ceilings and windows than carriage house; fenestrations (windows and doors) should be of noble size and proportion on primary mass. • Design should be based on Vernacular forms. See illustrations attached. 1 -houses are particularly appropriate to the area. Acadian influence can be seen in local examples (Hopewell House). Acceptable styles include Vernacular and Queen Anne. Ornamental elements if used at all, should be used with restraint (Federal, Greek Revival, Carpenter Gothic, and Folk Victorian). • Row houses should be of uniform character and finish, and aligned at the front (The Old Bricks, Roswell). Exuberant expressions should be avoided and instead compositions that are harmonious, beautifully proportioned and detailed should be utilized. • Porch elements should face streets and public ways and spaces. • Porch element may also be used within the rear yard. They are usually subordinate to the primary building mass, but sometimes are located within the mass (Hopewell House, Hembree Farmhouse). • Front porches should have a wooden porch floor system and shall have an open crawl space. • Porches shall be a minimum of eight feet in depth. ® Porches shall be on a majority of the front elevations. • Porches shall be supported on 18" masonry piers. ® Corner lots shall have side porches and designed with recesses and projections as to discourage a single plane or wall. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 12 of 118 • Windows and doors (fenestration) should be of vertical proportions, both in terms of actual jamb openings and individual pane size. • Panes should be of similar proportions on the same building, roughly, the Golden Mean. • Front doors with sidelights may be an exception. Greek revival fret transoms and sidelights may be an exception. • Windows must be of similar sizes and generally not ganged. • Transom windows are prohibited apart from doors, and should never be used over windows. • Shutters shall be authentic, fully operable and capable of totally closing on the window sash. • Chimneys should be expressed in brick, external to the building mass and centered on gables. • Exterior trim shall be of local historic character. • Authentic, flat casings (full 2x4), restoration sills, full 2x corner boards, cornice assembly of 5/4 and 2x members, authentic sash windows with SDL's or TDL's, solid wood posts that are chamfered, and thick lap siding (Artisan series Hardie) are required on clapboard structures. • Metal screen and slot vents are not allowed. Wall finishes shall conform to the following: • Authentic Board and batten may be used on secondary masses. • Flat panel materials with applied batons are not allowed. • Wood mold brick of reddish brown local historic color, with little variation. Mortar may be river sand to clay in color. • Wall finishes on sides of buildings seen from a public road shall be the same on all visible sides • Typically, brick is used on commercial buildings and row houses, but is also acceptable on houses as approved by the City Architect. • No more than 3 different exterior wall materials. • Poured concrete as a finish may be acceptable with permission of the City Architect. • Roofs should be gabled with slopes from 6:12 to 10:12. • Materials should be shake, wood shingle, or standing seam paint grip galvanized metal. • Gutters and downspouts to be 1/2 round and round in paint grip galvanized metal. • Exterior light fixtures and door hardware to be industrial/rural in character or as approved by the City Architect. Landscape should be historic. • Plant materials should be native and/or historic. This includes boxwoods, perennials, herbs, fragrant shrubs, and native trees. • Hardscape materials include gravel, brick, or crushed stone with steel, brick, native rocks, or granite edgings. • Stone walls and picket type fences should be randomly introduced, with a mix of materials and design. Prohibited materials and techniques, general: EIFS (exterior insulation finishing systems) plastic, GBG's (grill between glass), aluminum exterior railing systems, vinyl coated products, brick foundation that protrudes outside of the framed wall above, direct vent fireplace systems, chimney shrouds. Stove pipes of adequate size are allowed. Materials on the same form shall not be varied. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 13 of 118 And, I have put together a few of the elevations that we will be including as part of the conditions for the zoning modification. It shows here the type of structures that we will be looking to see in this neighborhood. And, that, Mr. Mayor, is my presentation. Mayor Lockwood I'm assuming we have some public comments? Is there any question right now that anybody has for Kathy or do you want to wait and listen to public comment? Councilmember Thurman I just have one quick question. There are several places in here that we talk about brick with chimneys and buildings themselves. But, we have some historic stone houses here in Milton too so, are we excluding stone from any of these houses or can we say brick or stone. Kathy Field The applicant is going to bring that up and they did bring that to our attention today, I believe, and they are going to be commenting on that very issue. Mayor Lockwood Anybody else? Okay, let's open it up for public comment. Joshua Scoggins, 112 North Main Street, Cumming, Georgia 30040 Mr. and Mayor and council members, I'm Joshua Scoggins with the law firm of Lipscomb, Johnson, Sleister, Dailey & Smith. My address is 112 North Main Street, Cumming, Georgia, 30040. I have the pleasure of being here tonight in front of you on behalf of Capkey Birmingham Partners, LLC. Before I make my comment, because as Ms. Field's showed you, this is an incredibly complex deal, I would like to bring up Lew Oliver and Ken Wood, the engineer and architect for this project. They are going to walk the council through if you will permit me to do that. They can explain it far better than I can. Kenneth Wood, 350 Research Court, Norcross, Georgia 30092 I am Ken Wood, 350 Research Court, Peachtree Corners, Georgia. Where can we set up the easels? Is this side okay? Can everybody still see them? So, the property that is in question is as was stated earlier is the 22.30 acres on the southeast quadrant of what we are looking at with the 6.6 acres of the mixed use. So, it is important to note tonight we are doing the modification of the condition is what we are looking at doing. This is the existing site plan. I wanted to bring this up because it is very important to understand how the two comply with each other and how we got to where we are today. So, if you are looking at the quadrant, this is the proposed day care center that was down here up near the road on Birmingham road and one of the reasons we are asking for that to be taken out is that we didn't feel like in that area it fit very well, the circulation, the safety that it was up against the power transformer station and so that was the reason we were looking to get that taken out. As you came into the development, it is a similar road structure on the final site plan that we have, the townhomes are in this area, and the townhomes are also on this main street and then they have the commercial area flanking the front part of this. And, this plan was, essentially, 33 townhomes that was a design and it had enough commercial that if you actually laid out all the commercial and the parking requirements it would almost take up that whole 6.6 acres. So, what we did was when Loren came back to us and said let's take a look at it and how can we make it better and how can we make it a place where people can still have the horse farm up here but they also can have a place where they can live where it is low maintenance, a smaller yard, it is very upscale, very nice, and very walkable to Publix and the other shops that are up here. And, so with that task we started into the site plan. And, the site plans that you see on the side here we have 30 of the Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 14 of 118 Mayor Lockwood Is there any way you can take one of those easels and the plans as you have shown them when you are through maybe turn them around so that if anybody in the audience wants to see it? Fera Wood Absolutely, so, on the plan over there, what we looked at as well from the neighbors and I will describe it on this one but I have it on the back of that plan is, what is the existing tree conditions? In addition to our internal arborist, Mark Law also went out to the site and investigated the trees as well and the majority of the trees, there is a large contingency of trees on the back of the site, this is where we have our largest open space 'mass and that is where you will find the largest contingency of trees. This is more pasture. The whole upper part of the site either has buildings on it or it is fairly cleared. It is Y townhomes and cluster single family lots and so these are designed to be all rear loaded lots so when you drive down the street you basically have a very street friendly section. We will have the standard streets and the parking along the sides of the streets and on one of the sides you will have the street trees the street lights that we talked about. You will have the front of the homes and the idea was to have a lot of front porches, a lot of fencing, so it really created a neighborly place to look at and kind of honor this little area. The commercial on the front, we took and looked at exactly how much square footage could we realistically fit into these areas and park so that is how we approached the site plan when you are looking at it. We put commercial retail up at the top. That has the parking that is behind it. All of the retail parking and commercial and restaurant and office parking has the parking located behind it. If you are looking on Birmingham Highway, which is the Georgia DOT road, that commercial is designed so that when you come in you can go left to right to either one of those. And, if we had to designate if we thought from day one our restaurant use would go we would consider that to be the most viable location. Also, looking at the site plans, as you transition back to the single family that is where we thought the location for the townhomes and then transitioning back to the single family would occur. Also, in looking at our road layout, what we are trying to encourage is walkability and open ability, what we did in response to when we had our CZIM meeting, we were looking at what is a really good trail network and layout for the trail and sidewalk system. All our streets have sidewalks on both sides. They have a landscape strip and sidewalks on each side of it. Then, in addition, along Birmingham Highway, the entire frontage is designed to more of the master plan and getting a larger sidewalk system up in the front so it can start that trail connection. We also are proposing coming off our .main roundabout with a trail that would come down and then loop down by the storm water management facility. Then, if you kept coming down toward the open space there would be another loop trail that would loop down toward the creek area and then eventually depending upon the homeowners you could potentially connect it all the way back through. Then, if you go across the street, we looked at a little bit more of an elaborate system where you have a little bit more topography. That is where the more mature trees are on the site. Where this loops through and ties and what we would like to negotiate, one of the neighbors made a good recommendation, and that is that we could work with the power company to actually get a connection back to the north of the trail system. The other recommendation that came out of public works today almost enhances this vision even further from what we were looking at. If you come down to the end of the cul-de-sac, the 50 foot dedication for the future cross trails project, I can't remember what it was called, but it is the 50 foot pedestrian access cross country project, basically would be off the end of this cul-de-sac and it would come down to this property line and drop down, I believe the southeast entire corner is where the vision for that trail would come out at. So, we think that the two trail systems, as well as our sidewalk systems, that will link all of the commercial all the way back over to Birmingham and then all the way down to the south, will really be a great addition to that. And, then I have another plan, I believe it is on the back of that one. Mayor Lockwood Is there any way you can take one of those easels and the plans as you have shown them when you are through maybe turn them around so that if anybody in the audience wants to see it? Fera Wood Absolutely, so, on the plan over there, what we looked at as well from the neighbors and I will describe it on this one but I have it on the back of that plan is, what is the existing tree conditions? In addition to our internal arborist, Mark Law also went out to the site and investigated the trees as well and the majority of the trees, there is a large contingency of trees on the back of the site, this is where we have our largest open space 'mass and that is where you will find the largest contingency of trees. This is more pasture. The whole upper part of the site either has buildings on it or it is fairly cleared. It is Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 15 of 118 grown up a lot of the underbrush now but it is fairly cleared as it sits now. We do have some nice trees down here near the storm water management facility so what we have committed to in the conditions beside the lower slopes to make more of an alternative pond and I will work with Carter to basically come up with a very innovative pond design so that we can try to save some of those specimen trees because now that we see that they are a little bit north of our pond, we believe that we can situate the home closer to the rear alley for lot one, closer to that section, and be able to save those trees that are up a little bit closer to Birmingham and that is on one of the exhibits there. And, so you will see that cluster of trees on that lot one. So, that lot one is big enough that we believe we can do that in between the pond. There are a couple of the larger trees that are actually down in the pond and it is the lowest part of the site and there is really not much we can do for that section of the site on there. Another comment I just wanted to point out too, on our master plan this is our village green that was identified from Fulton County carried forward. I measured it today and I related it back to the Fulton County Plan and when I measure it, it is actually 11,500 square feet to the existing right of way. We haven't really changed the size of it or anything so I think it might have just been misprinted from back in the day. But, I just wanted to make sure that we got that right. A couple more things that have really come up is a great idea from the community was that there was a successful project for Oglethorpe Power down the street that provided some screening to the power facility. We have intentionally heft about a 15-20 foot gap so that we can buffer our site from them. I know we would love to work with Julie in the effort to have that happen because that would only further enhance our site as well so that is something we really want to look forward to doing. The detention pond was another thing that came up in the stipulations. You heard about the four feet. Our idea about this is to make it very rural, very country, and very low impact, obviously from the conditions you are seeing, so our goal on the detention pond is really to make it more of a storm water management area. We believe we've got some smaller areas, especially with these Air -1 lots that we can treat some storm water in the front yards. Sudie Gordon, City Clerk Mayor, excuse me, ten minutes has run and we have four more public comment cards in support and one in opposition and we have run ten minutes. Ken Wood I apologize, I was watching this clock and I didn't think y'all were running it. Mayor Lockwood Okay, if we have four more, I am okay adding five minutes but keep that in mind and we will also had five minutes to anybody in opposition. Ken Wood I will turn it over to Lew Oliver to talk about the architecture. Lew Oliver, 880 Marietta Highway, Roswell, Georgia 30075 I am representing the architectural interest for the developer and I looked at a lot of local imagery and I have studied it for years. I have put together a whole series of boards that span architecture from Roswell all the way up to Dahlonega and I have identified the characteristics of all the forms. It is really the intention of the developer to engage a builder who will understand this and engage the right designers to put it forward along with Bob who I think will be really instrumental in steering this. I have these boards if anybody wants to see them or pass them around. The architecture should be very simple, very vernacular. There is a book I brought on James Means work. As we know, this is it between Crabapple and Birmingham, one of his works, and more of his work is very typical of North Georgia Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 16 of 118 and it is very very simple, very vernacular. I think we had some verbiage in there about ornament which V I am personally hoping we do not have to do a lot of because it is really not very typical of the area. Do I need to go through these conditions or some of the things we are requesting that vary from staff's recommendation? There is this document that is a, what do we call this? Joshua Scoggins Mr. Mayor, I have tendered a memo to the clerk and all copies to councilmembers and basically what this document does is outline those changes to staff's recommended conditions. All of our proposed changes are highlighted. We have actually spoken to Mrs.. Fields and also Mr. Lucas on a couple of these and we are okay with leaving in staff's proposed conditions on number four with the exception of J four and P. We can leave that one mainly like it is and then the other big condition that we would like to be removed is the requirement that 50% of this site, after 50% of the residential units are issued a CO, we would have to provide a plan to the city arborist and then also we are limited to having to begin construction on the commercial when we reach 75% of the residential units. We feel that requirement really is something that is going to cause Capkey to have to build something that there may not be a demand for and I don't think it is in anyone's interest to build commercial that may be vacant especially when there is a lot of vacancy in the Publix shopping center already. We would prefer to allow that demand to come naturally and go ahead and grass the area and reserve it for the commercial. I will let Lew speak regarding changes to the architectural. Robyn MacDonald, Principal Planner I'm sorry, can you restate the ones that you are okay with to keep in even though it was crossed out? Joshua Scoggins All of condition number four except J subsection four and P which is the last subsection of that condition. Mr. Lucas was actually able to explain that so that we understood it better. Lew Oliver So, under the conditions, I'll respond to the architectural, under 3J, we would just like to clarify that rear entry access is for vehicles only not front doors. Under 3G, rear yard setbacks, I would like to see us have zero setbacks because we are on alleys, we are on 30 foot alleys at that, which is 6 feet bigger than Savannah's which are also perfectly adequate. And, what happens when you have a rear yard setback with a garage is that you get vehicles, tricycles, and plastic play equipment parked in front of doors and the scale of the alley actually competes with that of the street so Serenbe has 24-30 foot alleys, Glenwood Park has 24 foot alleys, we have 30 foot alleys and I think that it is perfectly acceptable to zero setback. City Clerk Gordon Respectively, five minutes has run on the clock. Mayor Lockwood Again, we can certainly ask questions of the applicant. Is there anything else though, to be fair to the applicant, are there any other major points you need a little more time for? r= Lew Oliver I think we should be allowed to do flush curbs. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm f Page 17 of 118 Mayor Lockwood : Do you need another minute or two? x Lew Oliver Yes, another minute. Mayor Lockwood Okay, we will add two minutes to both sides for a total of 17 minutes each. Lev Oliver 6a we would request to do minimum lot widths of 30 feet for single family residential. The village green, I will let Ken speak to that. Under 7b, we would like to add the verbiage, "with the possibility of a subordinate secondary mass and/or a separate carriage house mass." All forms don't have to be secondary, they can just be primary. 7f, corner lots shall have side porches or be designed with recesses and projections. Under h, chimneys should be expressed in brick or stone; "or stone" is added. Under 1, metal swings and slots are not allowed; we would like to strike that and just put "all exterior ventilation material shall comply with the architectural theme of the development." We would like to allow asphalt shingled roofs under L. And, then it should be gutters and downspouts, half round and round, I believe the developer would like to strike that. Also, materials of the same forms shall not be varied; we would like to strike that. Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004 Good evening. Question, just in terms of how this evening has kind of played out. My intent is to speak in favor of this zoning modification but given that there are 25 seconds and given that there is some new information that has been brought forward in terms of questions about some of staff's recommendations, I think several of us want to speak in favor but we do have some statements about the conditions that would take more than 25 seconds so, with all due respect to the applicant and this process, a suggestion would be that some of the 10 minutes that would normally be set aside for those in opposition, if maybe we carve that out for a third category that just says, public comment, and allow us to make our public comment in support but having adequate time to speak to the things within the conditions that are necessary for public comment. Mayor Lockwood In reality, how many do we have in opposition? City Clerk Cordon We have one in opposition. Mayor Lockwood Okay, one way or the other, if we add some more time for approval and add that in opposition, we are probably not going to use all the time in opposition so it is just the same amount of time so I would probably rather just keep it if the council is okay. I am going to stretch and go another 5 minutes if the council is okay with that and then we will add that to the opposition knowing that we probably won't have that long in opposition. There will probably be some time left. Councillumember Mohrig How many other speakers do we have? Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 18 of 118 City Clerk Gordon We have one more after and then I have one more to read in the record. Mayor Lockwood Okay, so we will add 5 minutes for a total of 23 minutes. Julie Zahner Bailey Thank you Mayor and just as a point of clarification, I think the applicant, just so that we have a sense of how much time has already been expended. Mayor Lockwood 17 so far. Julie Zahner Bailey Just out of consideration, I'll go quick but it is important, obviously, to the community so thank you Mayor and council. My name is Julie Zahner Bailey and I live at 255 Hickory Flat Road in Milton, Georgia and I very much appreciate the opportunity to address the council and Mayor this evening. 1 do support staff's recommendations for the approval conditional for the four zoning modifications identified under ZM14-03 1c, Id, 2a and 3b. We appreciate so much staff's work and the applicant's on this case to ensure that the zoning modifications are consistent with the original intent of the Birmingham Crossroads master plan, the original zoning conditions of 2004, as well as all agreements reached originally with the underlying owner of the parcel and the adjacent landowners. And, for the record, I believe that Mr. Jarrard has a copy of that private agreement and we would ask that t consideration of both the original 2004 conditions, as well as that private agreement, carry forward with this in some form or fashion. Each condition set forth by staff and as enumerated by Mrs. Fields is critical and very important to the appearance, intent, and vision of the Birmingham Crossroads. We request that should you approve these zoning modifications this evening; that you do sowith all of staff s recommendations and the conditions as they put forward as fully intact. Each condition is important to the community and how this area looks and feels now and in the future. As you consider this case this evening, we would ask for several points of clarification. It was noted by staff that in July an additional zoning modification would come forward dealing with the community septic. We just want to clarify this evening as part of your zoning modification consideration that in July it would be to expressly say that the eight AG -1 land lots that are a part of the proposed site plan that those would be served by individual septic systems and 1 believe that was the intent of the applicant, however, I did hear this evening for the first time that there might be included in that request that the 6.63 acres be served by the community septic on the northeast quadrant so I think some clarity on that would be important. We want to make sure that the capacity that is existing for the landowners on the southwest corner that their rights are vested and so the capacity of that community septic system could be an issue. An issue this evening I think is to make sure that we clarify that the eight AG -1 lots will be served on individual septic. I recognize that is coming forward in July. A little unusual that these are separated and it is not all together so we ask for that consideration. Secondly, we do understand that the original conditions are for 2004 rezoning. It was alluded to. We just want to clarify that those conditions are formally attached to whatever would be approved this evening. If nothing else, so that we have a singular document even if it includes the 2004 so that it is all in one place if you will. With regards to acknowledgement of the V private agreement that was in place in 2004 between AG Armstrong and adjacent landowners, that was adopted and spread under the minutes for Fulton County so we would ask that in some form or fashion, acknowledgement of that private agreement be considered this evening because it was always the intent of the community that the private agreement would carry forward with this parcel so I don't think there Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 19 of 118 is an issue there I just think it is a function of just acknowledging that private agreement and the contents within. Regarding tree save, tonight is the first time we have had any specificity regarding specimen trees. We recognize that staff has recommended specimen tree save to be identified at the time of land disturbance. What we would ask is that because there is going to be a July zoning modification, that rather than wait until the land disturbance, because now there is the detail that could be brought forward, that perhaps we could have more specificity between novo and July and that the zoning modification in July would also incorporate some specifics about specimen trees. I think we all would agree as a tree save city, we want to do the best job possible, and I think we heard some great things from the applicant and from the folks working with them, but the more specific we could be I think the better for our rural environment so we would appreciate consideration of that. Another item that I don't know if it was expressly identified; and that is to the adherence of the night sky ordinance. The night sky ordinance is important. It is part of our rural heritage, especially out at the Birmingham and northwest area. We would ask that you make reference to the night sky ordinance and its applicability for this particular portion of the parcel and staff may be able to address that it already is we just didn't hear expressed reference to that so the night sky ordinance and its applicability would be appreciated. I think it is important to emphasize that staff's recommendation for the 50% for landscaping and then the 75% as it relates to stage development; that is really important because there is a risk if this gets approved with the intent of residential and commercial and yet, there is nothing that really requires the applicant to pursue that so the community feels strongly that staff's recommendations are very important. L��������` City Cleric Gordon 11" Five minutes has run on the clock. Julie Zahner Bailey And, there is one other speaker. I'm almost done. Mayor Lockwood I'll leave it up to the council. Counciilme ber Kunz Five minutes is fine. Councilmeramber Longoria We've come this far; let's keep going. Julie Zahner Bailey There is a lot of history here. We are trying to be as expeditious with our comments as we can be. Mayor Lockwood I am okay adding a couple of minutes and then let's wrap it up. Couneilmember 'Thurman Two more minutes is fine but we need to give the next speaker at least three minutes. tw. Julie Zahner Bailey Thank you for your consideration council. The other thing, again, because tonight was the first time we heard it, was the removal of any commercial square footage. I would just ask that if we are not going to Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6;00 pm Page 20 of I l8 n have the site specific reference to, you know, 5,000 or 7,000 square foot commercial structures, that we at least have some parameters so that a commercial structure couldn't come back and be larger than was ever intended, so I would ask that as part of tonight's zoning conditions that you would look at the site plan that was submitted by the applicant and at least use the largest building as the maximum size commercial building. They could always come back for another zoning modification that were different, but to leave it completely open when what had been presented to us at the CZIM with identified specific sites and specific square footage; to remove that entirely might seem to present some risk that might not be as acceptable to the citizens. So, I would ask that you at least consider having a maximum for the commercial that was commensurate with what they put forward on their site plan. I think that is primarily it. Again, we support this. We support all the work of staff and the applicant but we do believe that the staff's recommendations for conditions are critical. They have done a phenomenal job trying to ensure that this is commensurate with the original intent. We appreciate your consideration and are available for any questions as you go about discussing this this evening. Thank you very much. Curtis Mills, 16355 Birmingham Highway, Milton, Georgia 30004 Good evening. Can you hear me? I've never had to raise a microphone to speak into it before. I am Curtis Mills. I live at 16355 Birmingham Highway which is about exactly a mile north of the crossroads on Birmingham Highway. My place of business is building 400 at the crossroads which, up until the 1930's, was called the Old Birmingham Hotel. It was built in about 1860. You all know the history. It was also called Newton House. I also own the old Bice's store which is the six and a half or so acres on the northwest corner. Anyway, I have some interest and probably some standing and I will try to keep this to twenty minutes. Is that what I have? Mayor Lockwood 28 Curtis Mills What do I have? I'll time box it. City Clerk Gordon You have 2 minutes and 33 seconds. Curtis Mills I have two requests and a couple of comments and I will cut the comments off if I run out of time. My request, it is important to me without a lot of science behind this that we eventually have a four corner commercial solution at the crossroads. I think it becomes a more balanced destination in the long run. What that would look like; I don't know. But, an earlier idea of zero commercial and all residential seemed to chop up the corners a good bit. I like the fact that the commercial is in there. My request is, recognizing that timing is everything, and as long as there is a glut of commercial space on the northeast corner, it hardly snakes sense to make someone build space that is going to be vacant. It is a matter of timing. My request is; I like a lot of what staff did to trigger future development. I think the concept is a good one. Whether the timing is right; I don't know but I would request that somehow or another we ensure that there will be that commercial space built out. My other comment, as you all probably know better than me, Lew Oliver has been involved in our area for many, many years and I take a lot of comfort in his involvement with any project and I would just like to see that either the renderings that he has done, the elevations, whatever you want to call them, survive ownership developer and eventually are implemented. I think that will be well served in the end. A couple of quick comments, the daycare Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 21 of 118 facility, I talked with Doug McCurry, Doug and Shawn, who were the two signers of the side agreement with AG Armstrong this past weekend, and you all may know they live right next to the Bice's store building. He commented that the only reason the daycare facility had made it into the agreement is because Alan Goins really wanted a standalone restaurant and everyone, I guess, in the community was against that so he said, "okay, how about a daycare center" and it ended up in there. There wasn't a lot of thought that went into that decision. So, with ten seconds left, I just wanted to applaud this process. I think it worked well. We lost an inappropriate request and I think with the right conditions, having an appropriate one. I really wanted to thank staff for being responsive to what I know is a bunch of tedious requests from a lot of us. I just wanted to say thank you for that. Mayor Lockwood Thank you. Those are our comments in support and we have 27 minutes left for those in opposition. Okay, we can now hear from those that are in opposition. Ross Buckley, 1166 Brew Drive, Milton, Georgia 30004 Good evening. Ross Buckley, 1166 Bream Drive, Milton. Thank you. I appreciate the opportunity to chat with you folks. I don't think I am going to be more than three to five minutes. I will try to be succinct in what I have to say. I had the opportunity seven years ago; I was living in Orlando, Florida with my family, to relocate to Atlanta for a job by Perimeter Mall. And, I started to talk to some of the people I know and said, "Hey, where do I want to live? I can live anywhere within a reasonable commute down to the perimeter." And, I had a boss that lived up 400 and he said, "You definitely want to be up the 400 corridor." He said, "You definitely want to stay west of 400; better property values, less congestion, less urban sprawl." So, I started to sniff from Dunwoody to Roswell to Alpharetta, we actually went to Cumming but that was just a little bit too far north, and I stumbled across Milton which having moved seven years ago, as you guys know, that was right about the time the city was born. I started to look at the website. I saw this whole one acre zoning deal. Saw the pastoral style of living that people had here. The horse country; I grew up in Connecticut; it was very much like home to me except a little bit more humidity. So, I started to house hunt in earnest and I purchased a home at Bainbridge which is one half mile north of the crossroads that we are discussing here. I understand that this plan was originally approve in 2004 and I think the city grandfathered it in 2006, if my information was correct, as it was at that point in time. I understand it is mixed commercial, multi -unit one acre zoning. I do have some neighbors with me. I am not speaking on their behalf, obviously. Most of the guys and gals in my neighborhood travel for a living. I got lucky, I was home this week, otherwise, I would have a much bigger pile of people sitting behind me. I don't think anyone has an issue with the commercial. I understand there is a lot of unrented space around Publix. I certainly wouldn't want to build a building and have it sit vacant because God knows there is enough of that going on already around Publix. I don't think any of us have an issue with the one acre zoning; the AG -1 portion, heck, I don't expect to be the last guy to build a house in this city and tell everyone else, "No, you can't come." I don't expect that. The main issue that I have is with the multi -unit. The term cluster is a good word for this. It is up to 33 now. That is more than I recall during the presentation a few weeks ago. But, to have to talk about alleys and ten foot off sets building to building is just crazy. No one in their right mind lives in this town if they have to commute down to perimeter. Who is going to get in their car and drive an hour on a good day, 25 miles, to get all the way down to the perimeter, and come all the way back up here unless there is something special about where we live. You guys know that. I don't need to tell you that. If we wanted multi -unit housing, I would have saved myself a thirty minute commute and gone down the road here a little bit. Anyway, my three issues very quickly; multi -unit, traffic and sewer. I just talked a little bit about the multi -unit component and the concern there. Traffic, I had asked the developer when I was here a couple of weeks ago when there was a presentation, about a Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pin Page 22 of 118 traffic plan, they didn't have one from 2004, they didn't have one updated or weren't able to share it with me at that point. I have been researching the heck out of this. I don't need to tell you all the road ` projects going on around here. The rotary that just went in over on Hopewell, the rotary that they are just finishing up, the work going on down 372 that they are almost done there, as you guys know, that is going to free up all this roadway and it is just going to send more cars to the intersection here. My wife brings my two kids to Birmingham Elementary every morning. On a good day it is twenty minutes to go two miles. Now, I know we can't shut the roads down and stop other people from using us as a short cut to the cheap real estate north and west of here, that is the nature of where we live up in this corner, I get that, it's okay, that is the way it works, we are just hoping not to have to add another sixty or eighty cars every morning and every afternoon which 33 houses plus is going to do. One thing that concerns me that I heard was brought up, real quickly, and I kind of felt this a little bit during the prior presentation is that they want to get these houses built; we'll do the commercial stuff later and that AGA is way down the road. So, what we are going to have is all these houses jammed tight sitting in the cornfield here for who knows how long until demand reaches where people get smart and say, "hey, let's build some commercial space here." So, that was a concern. So, I would like to ask if we can get a traffic plan just to understand. I know there has been discussion about that intersection, forgive me if I don't have the details if it has gone beyond this, but I don't think there is a plan yet. I don't know if we are going to end up with a rotary in front of the cell tower or what is going to happen but I think that whatever we are going to do to fix this area, it has to be inclusive in whatever approval is done for this development that we are talking about. And, finally the sewer, I had no idea there was a sewer plant behind Publix. It is very well hidden. You walk up there, it is fenced, it is treed and they did a great job. You have to do a google earth to actually see the thing. I actually stopped in Publix today and spoke to the manager there and asked her, "Who runs this thing, who manages it?" because I was just trying to get a feel for capacity and the reason I asked that is the thing stinks, literally. It is not out of the ordinary especially in heavy rain to have a very strong smell of sewer. My one neighbor who wasn't able to make it tonight, her home is 1100 feet away as the crow flies from that holding tank to her home on the cul-de-sac of Bream Ridge, she says she doesn't smell it there but if this thing is allegedly under capacity now and it can handle this additional infrastructure, additional buildings, thirty-three houses times two toilets, add it up, we are concerned about capacity. It is bad enough; it smells already when you are in the parking lot there at Publix. I wanted to add that too. I've heard the developer say, and I know that there is some support from some folks in the community, that this is a really good thing to do this. That people want to have a smaller house, less maintenance, trust me I am 70-80 minutes a week cutting my grass, it is a lot of work. I enjoy it; I chose that. No sane person is going to drive all the way up here to be in the type of house that they can get down in Roswell, down in Alpharetta, etc. Our big fear is that people are going to buy these homes on speculation, they are going to end up being rental units, and we are going to get that whole kind of deal going on there which we would really like to avoid. So, in closing, I would just like to say thank you for your time. I appreciate it and whatever impact my thoughts have if you have any clarifying questions you want to ask, let me know. The multi -unit, we are concerned with what that is going to do to property value. Honestly, guys, I wouldn't have bought here if I had known that and I am mad at myself for not checking out the vacant land there before I bought because obviously, this has been in place since 2004. The traffic, concerns about the traffic, and of course, the sewer, what I think might be a capacity issue with that existing plant. Thank you. Appreciate it. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 23 of 118 City Clerk Gordon read thefollowing public comments into the record. Jim Bell 1060 Birminghamd'II' and Laura Rencher 1050Birmingham Road Milton, GA 30004 Jim Bell and I live at 1060 and 1050 Birmingham Road respectively, less than one mile from Birmingham corners. Please note the proposed new development at the southeast corner of Birmingham corners will have a very direct effect on us as neighbors. After careful comparison of the prior mixed use development plan and the revised development plan, we have decided that we support the revised plan for the following reasons: ® We recognize that the current mixed used zoning allows for townhomes to be built with a density of up to 33 units on this site in addition to a large day care facility. The variances allow for cottage style homes to be built with a density of 29 units. We believe that ANY proposed decrease in density for the new development is a positive step for this congested area. • In addition, we support the proposed cottage/bungalow style homes as they are much more attractive and appropriate in style for the location than townhome style buildings. • We believe that the size of the homes and style of living will be appealing to many couples and families in the area who would like to downsize but have few options to do so. • We understand the package septic unit behind the Publix was designed to be used with all the mixed use buildings on the southeast corner thus, we are not concerned about its increased use. Others have complained of odor from the unit; we have not noticed an odor except on very rare occasions when it needs to be serviced, In addition, we would Eike to point out that these units are commonly used and they are approved by the Georgia Department of Natural Resources. They are used successfully nationwide and approved by the EPA with no significant reported problems. In conclusion, as residents, we wish that we could control all current and future development in Milton, however, we acknowledge that legally this is not possible due to city zoning and property owner rights. We encourage the community to look at conservation options, as proposed by Preserve Rural Milton, to address concerns about rapidly increasing population, congestion and loss of rural character. Sincerely, Laura Rencher and Jim Bell Mayor Lockwood I will now open the discussion up to council for questions or clarification. Burt, go ahead. Councilmember Hewitt Of the 33 townhomes/single family, how many of those; I know it is in here, I can't quite find it, how many of those are townhomes and how many of them are detached single family? Ken Wood On the current site plan? The current site plan is 30 units. Right now, we are looking at 7 of the homes that are facing the commercial that we drew as more of a townhome style and the other 23 are detached. tx Councilmenmber Hewitt Could you point to those 7 real quick for me? So, those are the only ones that you are calling townhomes? The rest are single family detached? Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 24 of 118 Iden Wood That is how we think the market will react. It could be all single family detached but we think being in the proximity to that commercial that it might be a good fit for the townhomes to be there. Councilmember Hewitt I don't know who to address this to and it is probably under Fulton County's prevue at this point, as far as capacity at the Publix facility, how can we verify that or can we? Ken Wood Yes, we can verify it. We can, we are coming back up for the modification next month and we can bring in the calculations from the owner, AG Armstrong. Councilmember Hewitt Have you seen those calculations? Ken Wood Yes, we have. Councilmember Hewitt You are going to bring those back in July? Ken Wood Yes, especially with the reduction of the commercial. Councilmember Hewitt As far as one of the comments about the night sky ordinance, that is enforced whether it is stated or not? Is that correct? City Attorney Jarrard That is correct. Councilmember Hewitt I guess the other question is for our staff; it seemed a little new to me but maybe it is not, the trigger mechanism of the 50% and then the 75% to start building the commercial. Can you give me a little information about that? Kathy Field Yes, those were arbitrary numbers but we wanted to tie it to some type of performance and so we thought that at the very least there should be a landscaping requirement so we are not looking at a dirt lot at some point in time and we chose 50% and then we felt that at some point in time that we needed some leverage to ensure that the commercial as proposed on the site plan was indeed developed. And, if we allowed all the residential to be developed without some type of performance standard so we chose at a 75% level that we may lose that leverage so it was staff s thought that we would put in a performance percentage. J, Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6,00 pm Page 25 of 118 Councilmember Hewitt I personally kind of like the idea of having a landscape plan at some trigger point where it doesn't look like, as you say, even if it is grass like some other places that we have around town that are developed up front but not in the back. I do have a little heartburn over saying at X you need to start building Y; especially when there is more Y across the street so I just wanted to bring that up for our consideration and discussion. Councilmember Thurman I agree with you, Burt, from that aspect. I would rather see a well landscaped vacant lot there than an empty building for years. Councilmember Hewitt Would they not have to come back for a zoning modification if it was going to be something other than commercial? Kathy Field Oh, sure. Absolutely. Councilmember Hewitt It is not going to automatically be built out. And, I guess the other comment we had 'talked about, and I understand the developer's thoughts of not saying we are going to have building X at 3,500 square feet wide and this, that, and the other. It would be constrained by parking so we do have some constraints there but could we perhaps, like what was mentioned say, with a maximum single building of X amount of square feet or whatever, what looks like the most southern one, there is that western, it kind of looks like it is the largest single building on there, not to exceed... Loren Wimpfheimer 5 Concourse Parkway, Suite 2950, Atlanta, Georgia 30327 I am the developer. As far as this one goes, I think it was staff's idea, it was Robyn's idea to take the square footage off because they are just pieces of the puzzle that move around and we used to have the big zoning condition of how much you could have; we are never going to get there. In terms of a minimum or a maximum on there; if we want to put a maximum on there, that is fine too. I think it is really going to depend on when the commercial comes, how much parking does it need, how much can we fit and we are going to play with those pieces of the puzzle. Councilmember Hewitt I understand that but if one of those larger buildings has a square footage on it we could at least say... Loren Wimpfheimer I think the way we have it envisioned is that we have a maximum of 22,250 total on the plan. Councilmember Hewitt What is the largest single building on there? s Loren Wimpfheimer 8,500 on the piece on Birminhgam Highway. That is a good restaurant size. We have to figure out parking but that is a good restaurant size. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6;00 pm Page 26 of 118 3 Councilmember Dewitt So, could we say no single building to exceed 8,500 square feet? Loren Wimpfheimer That would be fine. Mayor Lockwood The only thing I would say on that and, again, not necessarily just from your perspective but also from the city because I think we all gain if it is a productive and successful property so I am asking the question, would limiting the size on a building rather than maybe have the maximum square footage total but if we limit the size of one at 8,500 square feet could that impact the property negatively in the overall design. Let's say you had a tenant or a use or a buyer for commercial property that happened to be something really great for the area that everyone embraced but you needed 10,000 feet; that would be my only concern. Loren Wimpfheimer You've maybe got a guy that says my floor plan is 10,000; you can't do 10,000 today you've got to do another modification, I can't wait and you're dead. Councilmember Dewitt I can look at it personally as one of you're either a limit on one building or you've got four drawn on there with 22,000 some odd square feet.... Loren Wimpfheimer That would probably work better for us if that is something you guys could work with. Mayor Lockwood I will reiterate and I have always said this, I totally respect and get where staff comes up with having stipulations on doing the commercial and I think you are saying the right thing you've got the right thing in there but, I do think in reality, as I know from my business, commercial always follows residential and at some point and right now as we know, T think we would do a disservice to the whole area if we forced the applicant to start commercial over there. My vision would be you do the residential and that will fuel some of the other commercial that is in the area and then once it gets going it will bring a need for commercial there. So, as a couple of folks have already mentioned, again, we do have the carrot on the stick or whatever that those areas are zoned commercial so at some point you will have to do them but I certainly would be in favor of not specifying a time because as I've said many times, I've been on both sides of the table and I think if we sit up here and give too many opinions on how someone should run their business or design their property then we also need to take some responsibility if they would be successful or not and we can't do that so I just wanted to make that point there. Councilmember 1liltohrig Kathy, just a question, the areas that are designated commercial today, if we pass this as staff has put it, does it force them, if someone wants to downzone and make this residential, is it worded so they would have to come back before council? Mayor Lockwood Yes Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 27 of 1 1 8 Robyn MacDonald Can I just make a caveat to that? The total residential units is 33 units aside from the AG -1 one acre lots. So, they were already up to 30. Reality is that they are not going to get very much more residential. The remainder is really going to be non-residential. So, just to keep that in mind. The zoning conditions from Fulton County only allow up to 33 units. They are amending it to say either townhome or single family aside from the AG -1. You have to keep that separate. Kathy Field To answer your question, they can't build any more than 33. The rest has to be the commercial area or they have to come back in for a modification. Councilmember Mo rig Could they theoretically, let's say they go with 30, we are using hypotheticals because it is not built, they went with 30 in that existing area, my concem, I guess, trying to preserve and say we want commercial on that corner, on the four corners, I wouldn't want to see that part say well, we have three more so we will downzone and now we will build out these lots. Is there a way to protect against that? So, it would come back before us in the areas that are designated commercial today. City Attorney Jarrard Not in a way that would prevent council from changing it if that is your concern. Councilmember Mohrig I guess my concern is that if we approve this with designation with the maximum number and we have some designated commercial, the concern would be, let's say they don't build as many residential, what I would hate to see is automatically the ability to encroach where it is supposed to be commercial and that become residential even if it is three units. City Attorney Jarrard I don't think they could do that. Mayor Lockwood There is a zoning specific line on that. Councilmember Mohrig That is what I am asking. With Fulton County we have seen the opposite of that happening. People get it zoned commercial and then they come back and then they dump additional residential without having to come forward to the council. I guess that is what I am trying to avoid with my questions. I want to make sure we protect against that. Mayor Lockwood You want to make sure if they want to change it they have to come back before council. I am in favor of this project and this application; I guess the question I am going to ask staff and Ken, it looks like we've ' got both from the applicant and the attorney versus staff recommendations; it looks like we have a few differences there. Would the most efficient and realistic way to be to kind of try to go through possibly the applicant's where he has said he agrees with this except for this, is that the most reasonable way to go through that and check off? I know we could keep talking about this forever. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 28 of 118 City Attorney Jarrard As the applicant's agent was trying to go through them, we tried to write them down and there are not that many of them. Councilrnember Hewitt And, I would like to talk to our architect and ask his opinion. Mayor Lockwood I am going to suggest that we kind of go through and we may agree or disagree on them. I will ask the applicant as well as our staff to address the issues that the staff and applicant have not come to terms on and the differences. Throw that monkey on your back. Joshua Scoggins Condition one we are leaving exactly the way staff has it. I tried to basically put only a few conditions in it and it only changed the items that are in color. Number two is also left as is. Number three we are asking for subsection F to allow porches to encroach and to the front yard setback and the rear yard setback as Mr. Oliver explained to be zero because we are actually not backing up to right of way. We are backing up to private alleys that are going to be owned by the homeowner's association. Councilrneber Kunz I would like to interrupt because I have a specific question on that. I have seen properties with back alleys like that and I just haven't been that impressed with it. I just want to make sure it is a good product and Bob; I want to hear your thoughts on it. Bob Busemi I prefer to have the 10 foot setback. Councilmernber Thurman For both the rear and the front yard. To me, the front yard, I feel like we have to have a 10 foot setback or else you could have a front porch that could literally be a foot on the sidewalk. But, the back yard, you really feel like we have to keep a 10 foot or could we go down to a smaller setback than the 10 feet on the rear? Mayor Lockwood I tend to agree on that too. I appreciate everybody's and Bob's but I can see where if you have a huge setback in the front all of a sudden there needs to be a spread out neighborhood versus the quaint alley and garage built back there so I would be in favor of a smaller buffer if not zero as the applicant has requested. That is my opinion. Lew Oliver I do everything from really a historic precedent and scale approach. If you look at Savannah, 24 feet face to face on back alley garage buildings and service buildings. Glenwood Park is 24 feet; highly successful. Go to Amelia Park in Florida and see what a 50 foot face to face on garages looks like; .it looks like an auto slum. You will get the alley completely filled up with junk and cars parked in front of doors. I've done this for 25 years, practiced new urbanism for 25 years in planning, and I have seen the mistakes and I have made them myself many, many times over. Front porches encroaching into the 10 foot setback; go into downtown Dahlonega and you are going to see 2 foot setbacks on porches and people think it is the most charming place in North Georgia. And, really when you look at the historic Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 29 of 1 1 S pattern and the communication between the front porch and the sidewalk, it is incredible. Clarks Grove in Covington, which I worked on for many years, we have porches within 4 feet of sidewalks. Again, it is highly successful. It commands market rates of 40% above the competition anywhere around it. Same thing with Serenby. Serenby has many instances of zero to two foot setbacks on front porches. It is getting market premiums of 80 to 100% greater than any of its competition. Bob Busemi I have no problem with the front porch encroachment because we have that now in our form based code and it has been very successful and I am encouraging front porches and I am encouraging side porches on all of these conditions so that portion I do not have a problem with. I was just saying there should be a 10 foot front setback to the main building. Mayor Lockwood In all due respect, that is what I was mentioning, I can see Mr. Oliver's point with the 24 foot alley in the rear. Councilmember Thurman Why do we have to have 30 feet for the alleys rather than the 24 feet? Lew Oliver Because you have to do a three point turn with the 24 foot. Rosemary Beach has 24 feet, Vickery has 30 and 30 is slightly more marketable. The people with SUV's will really complain way too much with 24 foot alleys. Councilmember Mohrig I guess again, Mr. Oliver, what you are saying is that by not having the setback is essentially you are not giving additional space where people can put junk that is kind of like part of their driveway per se versus it is an alley and you go into your residence. Lew Oliver Yes, if you want a third vehicle parking space, you generally pull between the garages not in front of the doors and it is a lot nicer. Councilmember Mo rig Bob, the question I have for you is are you saying you are okay with the encroachment? You have seen that. I understand what you were saying. Is there a recommendation of an encroachment no less than in front of the sidewalk so you can put a limit? Bob Buscemi Normally, the encroachment is up to 50% of the setback so it is... Joshua Scoggis We are keeping the main building 10 feet back. k� Bob Buscemi Usually we do an encroachment of about 50% of the front setback. That would be a five foot encroachment. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 30 of 118 Councilmember Mohrig A five foot encroachment but there is, I think in there, did I read that porches need to be at least a minimum of eight feet wide so we actually have a usable porch versus a decorative porch? Bob Buscemi Yes, that is correct. Councilmember Thurman So, the rear yard setback here instead of going to none, I mean the front yard setback, instead of being ten feet it would be ten feet but porches may encroach up to five feet. Is that what you are saying? Front yard setback of ten feet provided porches may encroach up to five feet. Bob Buscemi Yes. Councilmember Mohrig Mr. Oliver, what is your comment? Lew Oliver This would require that the front facade be moved back from the front setback line which legalistically you can do anyway unless you have a front facade zone. Councilmember Mohrig So, are you saying that you do not see that as an issue if you wanted to have a porch and we still left five feet? Lew Oliver Not really, you just push the facade back. Mayor Lockwood Going back to the rear setback, Bob can you get comfortable with the applicant's thoughts on that? Bob Buscemi If you go to zero, we will make it work. Mayor Lockwood Is the council? Councilmember Kunz If Bob is comfortable with it, I can be comfortable with it. Councilmember Hewitt I think it would make sense for a cleaner look. Mayor Lockwood If we can just maybe check that one off in notes so we know when we go to make a motion. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 31 of 118 Councilmember Thurman I'm making notes here. Mayor Lockwood Does everyone agree on that? Councilmember Mohrig Yes. Joshua Scoggins Mr. Mayor, under subsection J, I believe everybody is in agreement, we were just trying to clarify that the rear entry access would be for vehicles and I believe Mrs. Fields confirmed that was actually her intent anyway. 4 I romanettes 1 and 2, the two that have been deleted. It is okay to leave those in. We have spoken to Mr. Lucas and we are okay with those so disregard, please, the deletion of that. On subsection J, romanettes 4; I am going to let Mr. Woods speak to the entrance driveway issue. Ken Woods So, what we are looking at, and Carter, you might be able to clarify for me. What we are worried about is when we on our street design is for the lots coming off of Birmingham Highway and Birmingham Road, we had parking spaces that would be, obviously, within that 100 feet because 100 feet is a pretty good distance and so I wanted to clarify if that meant a road, if it is a parking space, we have heartburn with it, if it is road I don't think we have any roads within 100 feet when it intercedes. r Carter Lucas It is both but it is tied to either 100 feet or the 95% queued distance so if through your traffic analysis you are not queuing anything, then it is the lesser of those two. Iden Woods Oh, the lesser, okay. Joshua Scoggins The condition, just to be clear currently states whichever is greater. Carter Lucas What we could tie it to is what the actual queue is anticipated to be. So, if we look at that as opposed to a fixed distance, we can work with that. So, if you wanted to strike whichever is greater, we could work with that. Councilmember Thurman So, we can strike out that one part of it. i " That's right. S. Councilmember Mohrig So, just leave it at or... Regular Meeting of'the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 32 of 118 Mayor Lockwood Are we all on the same page with the last one, council and applicant? Joshua Scoggins Yes. K and M we can leave in. P we were looking at a situation on this one, again, and I'll let Ken Woods explain, but the granite curbing that is something that gives the applicant a little bit of heartburn. Carter Lucas I can weigh in on that real quick. The way the condition was originally written was to provide them with an opportunity to provide granite curbing. It they don't want to provide the granite curbing, that is fine, just a standard 24 inch curb and gutter will work. Ken 'Foods We were just looking for flexibility. Mayor Lockwood We were just trying to give you some upgrades there so you can charge more for the homes. Lew diver Carter, does that include the possibility of us doing flush curbs? 1 Carter Lucas If you wanted to do the flush curb, you would also have to take into account the drainage associated with n that and so a lot of times that is a little bit wider but if you wanted to adjust the right of way along those roads to account for that, that would be fine. Robyn MacDonald So, Carter, what should it read? City Attorney Jarrard Is that just striking it all together? Carter Lucas Originally, this was part of another condition. Robyn MacDonald Right. Mayor Lockwood So, it sounds like it would really be better if we strike it. Carter Lucas If a typical section was just tied to approval from the Department of Public Works, we could work with that. Ken Foods That is what we want, as long as it is tied to Carter's approval; that is fine. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6'00 pm Page 33 of 11$ Mayor Lockwood Okay. Joshua Scoggins Moving to condition 6, Mr. Mayor, subsection (a), romanette 4 and 5, with the minimum lot width, I just wanted to point out that under the current code, the lots can be 20 feet wide in the mixed zoning category. We have always asked for 30 so we are 50% larger than the minimum and I think staff had come back with 35 but I don't think our plan contemplates 35. Lew Oliver We would like to have the flexibility of possibly doing 30 foot lots because with 30 foot lots we can do 20 foot product which there is a huge demand in upscale empty nester housing for that. Mayor Lockwood This is a minimum. This isn't necessarily; you mean they are all going to be that way? Lew Oliver Correct. Yes, this is a minimum. Mayor Lockwood Kathy, do you want to comment on the 30 feet versus the 35 feet as the minimum? u Kathy Field We had thought that the minimum was 35 for lot frontage but when we looked up the MIX zoning category, we were corrected in that the lot frontage requirement is only 20 and so when it was 35, therefore, if the lot frontage was 35 then obviously the lot width had to be 35 but since it is now 20, we've got some flexibility here and so they asked that the lot width be modified from 35 to 30 and we agreed. Karen Thurman And, that means that the frontage is also 30? Kathy Field The frontage really is only 20 but they have made it 30 so they are consistent both with the frontage and the lot width at 30 but it really only needs to be 20. Councilmember Mohrig But we are designating it to a minimum of 30. Kathy Field Correct. Councilme ber Mohrig So, you are okay with that? Mayor Lockwood And, the applicant is okay with that too?' Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 34 of 118 F Kathy Field Single family and there is a maximum of 50 which is in our conditions so the lot widths will go. Because we want a varied lot width, we don't want them all the same size so it will be a minimum of 30 and it will go up to a maximum of 50. Joshua Scoggins Moving down to romanette 7 under subsection (a), we were just clarifying for vehicles on the alley ways. I think everybody is okay with that one as well. B under 6 we have already spoken about so I won't rehash that one. That is the one about the commercial timing. We are okay with grassing that. We are not going to leave it dirt. Mayor Lockwood I want to clarify that. Was that, Kathy, was that a 50%, we talked about a landscape plan, when you say landscape plan is that actual landscape or just a plan? Kathy Field It is something that will be provided to the arborist to review. We want some plantings there. We don't want a dirt lot so whatever the arborist is satisfied with. Obviously, we are going to realize that it is going to be developed at some point but it needs to be clean looking and an asset to the neighborhood rather than a dirt lot. Mayor Lockwood That is where I would want to clarify because obviously the intent is to make it look nice and all that and protect it but on the flip side we wouldn't want to ask the applicant to plant a bunch of stuff that has to be torn down later. Kathy Field That is correct. Councilmember Hewitt I would like to see something that is a little bit more than the minimum for erosion control of grassing but on the same side some trees or something that would potentially be used going forward but something other than seed and mulch thrown out there. Kathy Field And, perhaps we could use the word temporary to say a temporary planting plan which implies less than a permanent plan. Councilmember Mo rig I think the question is, the plan is great that they come forward and the arborist approves it, but what is going to actually happen after they do the 50% what is going to be committed to actually start some of the landscaping in that area. E Councilmember Thurman Because it doesn't say the landscape is going to be done it is just going to be submitted. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 3 S of 118 ,. AV Mayor Lockwood It is almost like we need a standard that is reasonable and whether it is 50% or less or whatever that the owner takes the commercial sites and grasses them and possibly maybe some perimeter trees of some sort within reason and are plantings that would probably stay and get some maturity but not lock them in and have to cut out. Councilmember Kunz Can we make a time component as far as when that planting application is made that he has to have those trees and whatever in the ground by three weeks after approval by the city arborist? Can we do that? That way we know that 50% is met and they submit the application as soon as we give it back we have a plan. Mayor Lockwood What is your suggestion on that Kathy? Kathy Field Mr. Mayor, we were discussing here that we want to say that a planting plan shall not only be provided but also be installed. Councilmember Thurman Say a temporary planting plan Y Kathy Field Shall be provided to the city arborist and upon his approval installed. Mayor Lockwood I am good on that but how do we clarify that so it is within reason. I wouldn't want the property owner to have to waste money but obviously it is in the best interest to make it look nice. Are we calling it grass then... Councilmember ')Thurman If you just say a temporary plan, it tells you it is not a permanent plan; it is just something that is going to look nice that the arborist has some flexibility over. Kathy Field I think the intent is there in that paragraph and that the idea is that it is not going to be the permanent one and we would just, the arborist would use his judgment and I think it has worked so far. Loren Wimpiheirner I will certainly do what you guys are describing in terms of the grassing with bushes, etc. recognizing that we are not putting in specimen trees. Mayor Lockwood F Maybe it could be worded somehow as Councilmember Thurman said, a temporary landscape plan but also within reason, and obviously the arborist is reasonable but just to clarify that you wouldn't have to have things that you would have to take out later; maybe some bushes or something that could be used later but wouldn't be in the middle right where the building would sit. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 36 of 118 Councilmember Hewitt Greater than grassing and less than full landscaping, and we also want to put in there, implemented and maintained as well. Mayor Lockwood We also may want to put a reasonable expectation on there. Kathy Field We have some language. Joshua Scoggins I think what we are looking at is saying that there will be a temporary landscape plan that will be primarily grass recognizing that it is temporary in nature and then we can had a comment that it will be maintained. Mayor Lockwood Are you guys okay with that? Joshua Scoggins Repeating it again we said we would have a temporary, looking at the condition language itself, those areas shown as commercial on the revised site plan submitted on June 9 starting right after that a temporary planting plan shall be provided to the city arborist to be approved and installed and that temporary plan will be primarily grass recognizing that it is temporary in nature and said landscaping shall be maintained by the developer. Councilmember Thurman I don't know that we have to put in there primarily grass. I think that we need to leave that up to the arborist. It is a temporary landscape plan you ought to know that you are not going to be planting high caliber trees. Joshua Scoggins Okay, so let's just strike the language be primarily grass. ]Mayor Lockwood It needs to kind of work itself out to where it is a benefit to the property owner because it is attractive and makes his property more valuable but also for the neighbors who will see it. City .Attorney Jarrard Does the council want to put a time requirement for... Mayor Lockwood For the actual installation of it. What is reasonable? 60 days, 90 days? r City Attorney Jarrard I have written down 90 days in my notes. They have to put something out immediately so they might as well spend their money putting down the grass. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 37 of 118 Councilmember Dewitt What about the 75%a trigger? Councilmember 'Thurman We are deleting the 75% trigger. Councilmember Mohrig You don't want to force the commercial building if it is not ready. Joshua Scoggins Moving on to subsection C of condition 6. Mayor Lockwood And, let me just break in and I know Mr. Mills had a comment and by following the rules we should not allow that but I did see that you did speak to our staff so our staff can certainly make any comments you want. Kathy Field Mr. Mills was concerned about the lack of a performance standard and how long he would have to look at temporary landscaping. Mayor Lockwood t l understand that and there is some gray area there but the intent is that it is landscaped in a nice enough way that it looks good whether it is a year or five years or ten years. I don't know how you exactly word that. The arborist could, if it is in agreement with the owner, put some small trees with the engineers input that probably would whether you wait ten years to build something but right now they would be a good mix for it and also for the existing property owners. I think we are trying to give it nicer than what typically happens so nobody can predict the future and say that if this property gets developed now or ten years from now. Councilmember 'Thurman I just have a question for staff. The sidewalk that will be going along Birmingham Highway, when will that sidewalk have to be put in and at the time that the sidewalk is put in, can you go ahead and put in some of the trees there at that time? When does the sidewalk have to be put in, Carter, on Birmingham Highway? Carter Lucas Sidewalks are normally done at the time of the development so the development of the individual parcel for each individual home, the home builder itself would do the sidewalk. Councilmember 'Thurman What about the sidewalk by the development of the commercial? Carter Lucas Just like that of the development of the commercial properties, unless we conditioned it otherwise, as those commercial properties were developed the sidewalks would be installed. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 38 of 118 Councilmember Thurman I would like to see the sidewalk be put in with 75% of the residential properties are completed so that way at least you've got a more finished look from Birmingham Highway. Ken Woods I think it makes a lot of sense to do that and say that the sidewalk and street trees will be 'installed along the frontages and then the rest of it and can be temporary and then that way the whole frontage is protected with the sidewalk and street trees. Mayor Lockwood And, you know, that was my whole point. The interior of it if it is just grass just protecting it but I like that idea of the sidewalk and if the applicant is okay with that and the street trees that will be a benefit to the community and the applicant or the property owner let's say it is five years from now and the trees have gotten bigger and it looks better and saves them money from having to plant bigger trees later. Kathy Field Right now we are at 50% for the landscaping. Mayor Lockwood I think we need to probably... Councilmember Mohrig I guess that I think is going to move us closer to if you want to talk about walkability even if you old off on the commercial element at least you make that useful space so it doesn't have a sidewalk to nowhere where it kind of dead ends because you are treating this as one development. Mayor Lockwood Alright, so 50% and put the extra sidewalks and the tree landscaping or whatever you want to call it. Joshua Scoggins Just quickly, council, on C, we wanted to have a bit of flexibility with regard to where the village green would be located because the plan hasn't gone through final engineering we didn't want to be tied to having it drill down to the Southside of Birmingham Road west of the entrance, etc. and I believe with respect to the 11,500, Mr. Wood already explained that he has already measured the physical area that was intended and so we believe that is a more accurate number. Kathy Field May 1, Mr. Mayor, ask Robyn where that 13,000 came from. Was that tied to some condition that was written? Robyn MacDonald It was on the original 2004 site plan. Kathy Field And, it said 13,000 square feet? Councilmember Mohrig So, that was village green that was agreed upon back in 2004 as a condition. Regular Meeting of the Milton. City Council Monday, June 16, 2014 at 6:00 pm Page 39 of 118 11.:.., gr Councilmember Thurman I think the wording said 13,500 and the site plan showed 11,500. Robyn MacDonald His site plan but not the approved zoning site plan. Village Green on the site plan sites 13,500 square feet so whether it dimensioned out to be that, I don't know, but that is what the original 2004 zoning site plan said. Ken Wood If I can explain why I mentioned that is because we found with the old conditions as it related to the scale of the plan that a lot of the buildings weren't as big as they said they were and a lot of the stuff wasn't as big when you actually do it so I actually got in there and measured it I realized that area is not 13,000 square feet, it was 11,500 so I was just trying to get the accurate number of what it was. Councilmember Thurman So, you are not actually changing what it was on the drawings it was just what it was in the... Ken Wood It is in the exact same location the only difference is that I am giving you the accurate number. Councilmember Longoria I never look at the drawing; I look at the words so if it said 13,0001 would guess someone was thinking it was 13,000. Mayor Lockwood To keep the 13,000, how does that impact? Ken Woods Well, I guess we could add, as long as we could add, there is not enough green space up there, there is not 13,000 square feet is what I am saying. As long as we can count, maybe you know how we have the park in our cul-de-sac; as long as we can count other areas toward that we can be okay. I'm just saying that physically that condition would be restricted because on the old plan it physically wasn't that big so I am just trying to make a note that the Village Green that is up there that is delineated on the plan is 11,500. Mayor Lockwood Well, typically, you do look at the written number but that would be up to council and staff ... Councilmember Kunz Can you point to the area you are talking about? Councilmember Longoria And, it hasn't changed any dimensions since the original drawing or have we trimmed it down somehow? Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 40 of 118 Robyn MacDonald Ken is probably right that is was dimensioned wrong but the number on this site plan actually says 13,000 square feet so whether the dimension by scale is wrong it still says that. Council ember Longoria If it is physically not that size, I don't want to all of a sudden have to say we are going to have to start adding up little pieces from other places in order to get to 13,500 because if everything else is not going to be available how do we make that all of a sudden 13,500 if it is not that big. Councilmaeimber Thurman What would they have done if they had built to the site plan they currently have? Loren Wimpfheimer Exact point, this site plan and the words don't match from 2004, we are trying to fix a bunch of stuff and so whether it is the commercial that doesn't fit with parking, septic systems that no one intended to build; this is just another example of when the words didn't match the plan. Mayor Lockwood Can we go to 13,000 but allow them to split that up a little if they get the 11,500 and then the other area that you pointed out get a little more buffer there? Ken Wood .r We definitely have it I was just making a point that it is not at that location. Councilmember Hewitt But you can mass 11,500 at that location. Ken Wood Yes. Mayor Lockwood Are you guys okay with that? Councilmermber Longoria And, find 1500 some place else; is that what you are saying? Councilamember Thurman Then, we would need to take out the part that says, on the Southside of Birmingham Road. Ken Wood I think if it can maybe say, provide a village green space of 13,000 on the MIX portion of the southeast corner or just on the southeast corner because that is what the zoning talked about the original zoning. Counciltmember Dewitt If we do that then we need to say that at least one mass will be at least 11,500. it Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 41 Of 118 �1 Ken Wood That would work. Because, that is the problem; the way this reads it talks about one mass being 13,000 that is why I am bringing it up because obviously our open space is four acres in the back so it is easy for us to get there. Councilmember Mohrig Is there any way; those are your numbers, is there any way to verify this? Can staff verify while we are sitting here tonight that the 13,000 that is on the plan is correct? Ken Wood I have a scale. Robyn MacDonald Do you mean to scale it or the numbers on the plan? Councilmember Mohrig If the number is correct. Councilmember Hewitt Can I see your plan and can I see your scale. Mayor Lockwood Burt can do it. Councilmember Thurman I can verify that Fulton County's plan didn't always coincide with their numbers. Councilmember Hewitt You can move on to something else while I verify this. Mayor Lockwood Okay. Let's put that item on hold. Burt is going to scale it. Let's move on to the next item. Joshua Scoggins Condition 7, subsection B; single gable front primary building mass with the possibility of a subordinate secondary mass or separate carriage house mass. Again, the way the condition was worded, and I don't know if it was the intent, but it looked to us like it was requiring carriage houses on each house when that was not necessarily the intent so we were trying to make it more clear that if that was being done on a particular house, that we would follow this but not necessarily be obligated to construct that. Am I right? Mayor Rockwood I will look to Kathy and Bob on that. What were your thoughts on that? �w Bob Buscemi That condition was actually created by Lew Oliver so it is a little bit restrictive but with the word possibility... Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6.00 pm Page 42 of 118 Loren Wimpfheimer Can we go back to the park for a second; the size of the green. I was looking at the zoning conditions and there is nothing in the zoning conditions, it is only reflected on the site plan and on the site plan it says it is an approximation; it says plus or minus, so you are dealing with the site plan; not with the words. Mayor Lockwood Okay. We will go back to that one let's just move on. So, section B we are okay with the wording and all staff agrees with that. Joshua Scoggins Under 7 E; the romanette 2; front porches should have a wooden front porch system; we wanted a little bit of flexibility with regard to whether that can be, I'll let Lew speak to that, but synthetic wood or... Lew Oliver That can be a synthetic decking that looks like wood. Councilmember Mohrig So, something that looks like wood. Mayor Lockwood Okay, moving on to the next one with chimneys. Joshua Scoggins Corner lots should have porches or be designed with recesses and projections. Lew, I'll let you speak to that. Lew diver We are fine with that. Joshua Scoggins Under G we were just clarifying what I believe Mrs. Field's intent was to allow stone anyway we just added it to make sure we could do it. Under I; romanette 2, we were having some difficulty with defining middle screen and slot vents. Lew, I will let you speak to that. Leen Oliver I think we just want to address that and just say that exterior ventilation materials will comply with the architectural period theme for the development and we will use traditional practices for ventilation details not refrigerator vents under a soffit or anything like that and may times you don't even have to ventilate anymore. Mayor Lockwood Okay. Are you guys okay with that? Councilmember 'Thurman I am fine with that. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 43 of 118 Lew Oliver Mrs. Thurman suggested stone houses can we had that to acceptable finishes? I think we should. We would just add another category native field stone; don't want imports from Indiana right now. Joshua Scoggins That would be subsection J; romanette 7, added and then L we wanted the flexibility of doing, asphalt shingles. I think that reflected the reality. Lew, you can speak to that. Lew Oliver I think to put stainless steel metal or wood shakes is a. $ 15-20,000 add to a house. City Attorney Jarrard Mr. Mayor, could we have clarification on subset 7. They just finished involving the stone. Mayor Lockwood That was something they were talking about adding to be able to use stone as... Lew Oliver An exterior finish. Mayor Lockwood How would you word that? Joshua Scoggins Native fieldstone shall be permitted on exterior finish. Mayor Lockwood You got that, Ken? Where are we now? Bob Buscemi I just wanted to bring council's attention; all the diagrams that Lew Oliver showed us, and we did meet with him, had either wood shake shingle roof or a standing seen metal roof; asphalt roofs, if we put that in they are going to end up coming in and putting asphalt roofs on everything. If you go to places like Vickery, all those places have the wood shake roofs; it is just a different character. If you look at the commercial construction that is on the other quadrants, they are all wood shake roofs. I just think it would be more in keeping with the quadrants. Councilmember Kunz I would agree with that. Mayor Lockwood The only thing I would say is if you are trying to be architecturally correct, aren't there a lot of old t homes in the area with asphalt roofs, maybe not the ones that you see typically on every house or the architectural but the kind that have the diamond shape. Lew Oliver After the year 1900, most houses went to asphalt shingles after the Great Fire in Chicago. It is very very typical. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 44 of 118 Mayor Lockwood I get it that we would like to not have just cookie cutter cheap shingles but is there a way; is there an historic type shingle. Lew Oliver It is called classic red or classic green. We have done projects that way all over. Council ember Thurman Could we just put asphalt shingles as approved by the city architect? Mayor Lockwood Let's specify our intent. We don't want it to be a cheap three tab shingle. Lew Oliver It is architecturally correct, the period. Mayor Lockwood Could you explain it, Lew? Lew Oliver The classic red can be not very expensive to do, less than three tab. Mayor Lockwood What does it look like? What is the shape of it? Lew Oliver The diamond crest are hard to get. Most of them are almost a brick bund and they are terra cotta color and they were very common after the year 1900 as was the kelly green; you see it on white houses. It is completely feasible to do and it looks good. Councilmember Thurman So, asphalt shingles approved by the city architect. Mayor Lockwood And, you can vary it too so they all don't look alike. Joshua Scoggins So, we just use the language, asphalt shingles as approved by the city architect. Okay, clarification on romanette two under L, gutters and downspouts. I'll let Lew or Ken speak to this because I believe there was some confusion about the description of that. Lew Oliver Well, I'm confused because I see a typo that has been struck through and replaced with something that is °V,fl also a typo. The intent of this is that we would do round gutters and half round downspouts. Counc lmember Thurman So, how does this need to read then? Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 45 of 118 Lew Oliver It needs to read, half round gutters and round downspouts executed in paint grip galvanized metal or raw aluminum shall be used. Councilmember Hewitt I wanted to say half round downspouts. City .Attorney Jarrard 5o, half round gutters and round downspouts; what was the wording again? Lew Oliver I'm going to change this every time you ask me, let's see, half round gutters and round downspouts in paint grip galvanized metal or unfinished aluminum. Joshua Scoggins Mr. Mayor, under subsection Q of condition number 7, we had this condition, materials on the same farm shall not be varied, We were a bit confused about what that meant. Mayor Lockwood What does that mean? Lew Oliver I wrote it and it is in reaction to the absolute chaotic use of too many materials on the same building that we see that has blighted the suburbs everywhere. And, when you see a good period house it is usually in brick or siding or it might be brick central mass and siding in rear but there is extreme clarity and extreme restraint. People did not do cut and paste paper doll type of stuff on their facades like they do now. Councilmember Thurman We have already said under J 6, no more than three different exterior wall materials so how does that differ? Lew Oliver It talks about the house as a 3 dimensional object because of the use of the word form but no more than three materials on one elevation. Let's say you could have stone pierce with brick infill and siding above; that is your three materials. Councilmember 'Thurman That is under J 6, correct? I am asking do we need both J 6 and Q or are we okay with just J 6? Levu Olivet tL You are probably okay with J 6. Councilmember Thurman Okay, so we can delete Q. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 46 of 118 Mayor Lockwood Okay, now we need to go back to the 11, 500 versus 13,000. Councilmember Hewitt Okay, it was a little bit difficult to scale because the pians go to 100 and the scale doesn't go that high but I came out to within about 500 square feet of the 11,500 and the plan does say 13,000 plus or minus. So, I think if we do it we need to say 11,500 in mass and then another 1,500 somewhere else. Mayor Lockwood Is everyone in agreement with that? Carter Lucas Mr. Mayor, can I make one correction? Back on item 4 J where we are talking about the 100 feet and the 95% queue and we deleted the language, whichever is greater, I would like to replace that with, as may be approved by the Department of Public Works. That way we can work with the developer on that. Mayor Lockwood I don't have a problem with that but is that okay with council? That is pretty typical, isn't it? Legally, you have to go by your requirements for what it takes to getitdone. Carter Lucas That's right. Mayor Lockwood If we put some kind of formula in there and it doesn't work then you would have to change it anyway. Robyn MacDonald So, Carter are you saying to keep the verbiage but just add the as approved... Carter Lucas Yes, where we deleted, whichever is greater, we would replace that with, as may be approved by the Department of Public Works. Robyn MacDonald Okay. Councilmember Thurman Do you want me to make a motion and then we can discuss it or how would you like for me to do this? 1� La Councilmember Kunz I have a couple of questions. Just to make sure, on the sewage aspect that is only for the, it is not for the AG -I down below, it is going to be for everything else? t Kathy Field That's correct. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 47 of 118 Rik Councilmember Kunz Okay, so that is confirmed. And, then of course you are aware that has to be approved before you can get that. You are taking a risk that if that doesn't get approved for whatever reason, right? Because we are not approving that tonight, just so you know that. Do we need to make any reference to the 2004 Fulton County agreement to all this? I was just curious. City attorney Jarrrad The agreement was referenced in the 2004 approval by Fulton County. It is between two private parties or three private parties. It is spread upon the Fulton County minutes candidly since Fulton County is not a party to the contract; I'm not even sure what that means. It has a lot of terms in it that may candidly be inconsistent with the conditions that we are about to adopt right now. My fear is that it is just going to insert an element of confusion to the extent of what it means. Candidly, I did use it as a means of sort of interpreting what some of the intent was from the prior action of Fulton County but I don't think we should make it part of your action this evening. Councilmember Kunz Not as far as the motion, but a lot of those elements are still going to be involved. City Attorney Jarrar They are and we can reference it again because nothing Fulton County did except what we expressly changed tonight is going to be changed by what we do tonight. That will still be in existence and candidly, Councilmember Kunz, the private parties can still enforce that agreement to the extent they ...: need to. Mayor Lockwood Yes, I am open to accepting a motion. Councilmember Thurman, if you feel that you have the points we've agreed to and staff as well as the applicant and attorney can make sure and clarify that we are all on the same page, I'm open to that. Matt, do you have another question? Councilmember Kunz Just one more question. I felt a little bit the same as Mr. Buckley who spoke earlier about the townhome units. I love the idea of the cottages. I was just curious about, you mentioned that they may be all cottages, what is the determining factor about which way you want to go with the townhomes versus not. I know you mentioned you just have the seven but is it the market or is it just cost or what? Loren Wimpfheitner I think we have to do a little more work to understand what people want but we had 33 townhouses and now we are just trying to figure out what the market wants. Clearly, people want some cluster because we have those in town already but those townhouses provide a nice buffer to the retail on Birmingham Highway so they are still on the table. Councilmember Kunz Are you amicable to agreeing to a maximum of seven townhomes? Loren Winmpfheimer I think that goes beyond what we sort of came here tonight to do and I think with the conditions we have agreed to which go well beyond modifying the conditions we asked, I think we have shown a lot of flexibility. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 48 of 118 Councilmember Kunz So, no. Loren Wimpfbeimer I don't think we are going to get there on 33 townhouses but I just couldn't sit here and tell you exactly where we are going to end up. Councilmember Kunz I would still like to see a majority of them be cottages. Loren Wimpfheimer I think they will be. I think that is the more desirable product and at a higher price point and we have a limitation on the total number of residents. Mayor Lockwood Does anyone else have a question or comment? Councilmember Thurman Do you want me to make a motion? Councilmember Thurman I will make a motion for approval of consideration of ZM-03, southeast corner of Birmingham Highway , and Birmingham Road containing 22.30 acres currently zoned mixed use and AG -1 to modify conditions 1c, Id, 2a, 3b, Agenda Item number 14-155 conditioned upon staffs proposed conditions with the following changes: Item 3F, front yard setback 10 feet provided porches may encroach up to five feet. 3G, rear yard setback will be none. 3J, units shall be rear entry access for vehicles via alleyways. 4J, subsection 4, entrance driveways shall be provided a minimum of 100 feet or the 95% queue length as made be approved by the Director of Public Works, for uninterrupted access. Item 4(p); provide a minimum of inch granite curb on the typical section or as approved by the Director of Public Works. Mayor Lockwood I believe we had a conversation that the curb was just as approved by the Director of Public Works. Take out the granite. Councilmember Thurman I thought we were going to say provide a minimum of 4 inch granite or as approved by the Director of Public Works. Mayor Lockwood I think we are going to say curbing as approved by the Director of Public Works. Councilmember Thurman Okay, Item 6, subsection 4, minimum lot width of 30 feet. Item 6(a)(5), minimum lot frontage of 30 feet. Item 6(a)(7), units shall be rear entry access for vehicles via alley ways. Item 6(b), at which time Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 49 of 118 that 50% of the residential units are issued a certificate of occupancy those areas shown as commercial on the revised site plan submitted on June 9, 2014, a temporary landscape plan shall be provided to the z city arborist for approval and installation and installed within 90 days. Also, at such time, 50% of the residential units are issued a certificate of occupancy. The sidewalk and street trees shall be installed. 6(c), provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. On 7(b), single gable or front primary building mass with a possibility of a subordinate secondary mass and/or separate carriage house mass. 6(e)(2), front porches may have a wooden porch floor system and shall have an open crawl space. 6(f), corner lots shall have side porches or be designed with recesses and projections as to discourage a single planter wall. 6(h), chimneys shall be expressed in brick or stone. 6(i)(2), all exterior ventilation materials shall comply with architectural period theme for the development. 60), adding 7, native fieldstone shall be permitted. 6(1)1, materials shall be shaped wood shingles or standing seam paint or galvanized metal or asphalt shingles as approved by the city architect. (1)2, gutters to be one half round and downspouts to be round and paint gripped galvanized metal and delete (q). Councilmember Kunz Second. Mayor Lockwood Wait. I think we want to do aluminum gutters too. Robyn MacDonald And, when we spoke to varied lot sizes, I believe on 6A, we don't have a maximum lot width of 50 feet, it is just minimum. Councilmember Thurman We are going to add 6A8. Councilmember Mohrig So, the 50 feet is not in your original? Robyn MacDonald It is not in anything. Kathy Field It was mentioned in the staff report but it never got into the recommended conditions. Mayor Lockwood We have a minimum of 30 feet and a maximum of 50. Kathy Field Right, and we would like to say a variable lot size is encouraged. We don't want all the same size lots. We want a variable. Councilmember Mohrig Basically, you are making it consistent with what was stated early when you put it in the conditions. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 50 of 118 Kathy Field That's right. And, it was an oversight and I apologize. Mayor Lockwood And, the last one, Q, was deleted? Councilmember Thurman We deleted Q. Councilmember Mohrig Did we put anything in there about maintenance or is that just assumed when we talked about the plantings? Mayor Lockwood That is typically assumed. City Attorney Jarrard Councilmember Thurman, on 7, I just want to make sure this is correct because we took a little bit of time, on 7(1)(2), we went through that language a couple of times. I have, and I just wanted to see if your notes, half round gutters and round downspouts in paint gripped galvanized metal or unfinished _ aluminum. Councilmember Thurman Okay, so add unfinished aluminum. City Attorney Jarrard Otherwise, that was a great job. Mayor Lockwood I have a motion from Councilmember Thurman for approval of this application with the listed changes that are on the record that she went through. I've got a second by Councilmember Kunz. Do I have any discussion? Councilmember Kunz I know a lot of people, this is a big deal for the atmosphere up there but a lot of people are excited about what the city is becoming in that village area and just that area, the business owners that are there have been very supportive of this but they needed help and we are excited as a city to be able to help them. I think we had a great process to get to where we are that involved just about everybody that was here. Granted, it is like making sausage, but if we get to a point as we go through this, I think we are going to create something that we will all be proud of through all this so start to finish it was a long process, I'm not a contractor for all the work that you guys did on a lot of the details but I was happy to see it done and I'm excited about what we are going to create there. Mayor Lockwood I just want to say that I commend everybody on this process. We had input from our community, our staff has worked hard on this application, the applicant has worked very hard, everybody has given and taken some, I think the council we have spent an hour or an hour and a half going through this but I Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6;00 pm Page 51 of 118 think this is everybody should be commended because the city is getting something good and hopefully L it is something that works for the property owners and developers and it is a nice process when everybody has a say and everybody works together to come up with hopefully an end product that will work so I just want to thank everybody for that process. City Attorney Jarrard Mr. Mayor, just one more thing before the council votes on that significant motion that was just made, Councilmember Thurman, I just want to clarify because I don't think this got called out but I think it was your intent, on the 50% requirement with respect to the tree planting of the landscape, the requirement regarding the 75% was all struck? Councilmernber Thurman Yes, that was all struck when we put in there the 50%. Councilmernber Mohrig And, the sidewalk includes all along Birmingham Highway. Mayor Lockwood Kathy, do you want to add something? Kathy Field Yes, I would like to propose an amendment to your motion and the issue of the front porches encroaching into the front yard, which we resolved with the townhozmes, we really need to bring up that same issue with the single family homes. The porches should be allowed. Right now, it is just saying front yard setback 10 feet but it doesn't mention the porches encroaching for the single family as we did for the townhomes. Is that an oversight or something that we should add? According to Robyn, it is already in there. Cou cilmember Thurman That's what we thought. Mayor Lockwood Okay, I have a motion and a second. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 52 of 118' The Mayor and City Council approved this petition. The recommended conditions (RZ04-1 l6) have been revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows: C. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4,98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. 2. To the owner's agreement to abide by the following: a. To the revised site plan dated June 9, 2014 v to f 29, 2004 (nn..f:ons 2004 01 6 NFG and 20042 0042 een i ned) submitted to the Department of E..,,ir-e A .,« and Community Development. Said site plan is conceptual only and s must meet or exceed the requirements of the Zoning Ordinance 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 for townhouse units: C. To require conformance with the Georgia Dement of Transportation (GDOT) requirements. Ne mere than one (1) exit/entfanee en the west side of Birmingh f. Front Yard Setback: 10 feet, provided porches may encroachuo 5 feet. g. Rear Yard Setback: None. h Height.• 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. i A minimum of 80% of common wall shall be contiguous with each adjoining unit. j._ Units shall be rear entry access for vehicles via alley ways. 4. To the owner's agreement to abide by the followinp, requirements, dedication, and improvements: i. Dedicate at no cost to the Citv of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessgy to provide the following: Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 53 of 118 Provide at least 35 feet of right-of-way from the centerline of SR 372/Birmingham Hwy along the entire property frontage or as may be required by GDOT. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 372/Birmingham Hwy and Birmingham Rd according to cross sections in Chapter 48 Streets Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. iii, Provide a 50 foot wide pedestrian easement free of any structures or above ground utilities for future pedestrian inter -parcel access on the east property line on land lot 413 as required and approved by the City of Milton Public Works Department. j. Access to the site and instal lation/modification of transportation infrastructure shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the � issuance of a Land Disturbance Permit. At a minimum, provide: ,. i. SB left turn lane on SR 372 at new access drive ii. WB left turn lane on Birmingham Road iii. EB deceleration lane on Birmingham Road iv. Entrance driveways shall be provided at a minimum of 100 feet or the 95% queue length, as may be approved by the Director of Public Works of uninterrupted access. This distance shall be measured from the edge of the thru lane on Birmingham Hwv and Birmingham Rd to the edge of any interior drive aisle or parking space. v. Entrance improvements on Birmingham Rd shall be directly across from Publix Shopping Center existing driveway. k. Cross parcel access to the adjacent commercial tract to the north should be provided through the commercial areas. Convert the public access right of way between the residential lots 17-30 to private alley. 1. Eliminate the public right of way on all alleys. Y �.: m. Provide adequate sight distance at all intersections, eliminate on street parking as necessary. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 54 of 118 n. All street improvements shall extend across the entire street frontage. Sufficient right of way shall be dedicated to ensure that all improvements are contained within the right of way, o. Provide a minimum right of way of 1' behind theproposed sidewalk throughout the development. p. Provide curbing as approved by the Director of Public Works. To the owner's agreement to abide by the following: o. The stormwater management facilities shall utilize earthen embankments, where possible Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Side slopes for the stormwater management facility shall be no steeper than 4:1 unless otherwise approved by Public Works Director. p. Owner shall be required to develop a stormwater management plan 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 or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. 6. To the owner's agreement to the following site development considerations: a. Single family detached lots shall provide: i. Front Yard Setback: 10 feet ii. Side Yard Setback: Minimum 0 feet with a 10 foot building separation iii. Rear Yard Setback: 10 feet iv. Minimum Lot Width: 30 feet v. Minimum Lot Frontage: 30 feet vi Height: 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. vii. Units shall be rear entry access for vehicles via alley ways viii. Maximum lot width of 50 feet with variable lot widths encouraged. b At which time that 50 ,percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 55 of 118 on June 9 2014 a temporary landscape plan shall be provided to the Cate Arborist for approval and installation and installed within 90 days. Also at such time 50% of the residential units are issued a certificate of occupancy, the sidewalk and street trees shall be installed. C. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. d Provide internal pedestrian trails within the MIX and AG -1 districts to provide future connection with Birmingham Park. 7 To the owner's agreement to the following architectural requirements for residential structures: a Architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit These structures shall be consistent with consistent with the Characteristics of the Northwest Fulton Crossroads Community (Sec 64-1150) (In the future will be referenced as the "Rural Milton Overlay") and provide 360 degree architecture. i Design and architecture shall be consistent with the attached illustrations/elevations received June 9 2014 by the City of Milton Community Development Department. b Single gable or hip front (primary) building mass with the possibility of a subordinate secondary mass and/or a separate carriage house mass. Queen Anne "L" shaped roof mass is acceptable Forms should reflect importance of function, i.e. primary_mass should have taller ceilings and windows than carriage house; fenestrations (windows and doors) should be of noble size and proportion on primary mass. C. Design should be based on Vernacular forms. See illustrations attached. I -houses are particularly appropriate to the area. Acadian influence can be seen in local examples (Hopewell Housed Acceptable styles include Vernacular and Queen Anne Ornamental elements if used at all should be used with restraint (Federal, Greek Revival Carpenter Gothic and Folk Victorian). d Row houses should be of uniform character and finish, and aligned at the front (The Old Bricks Roswell). Exuberant egressions should be avoided and instead compositions that are harmonious beautifully proportioned and detailed should be .� utilized. e) Porch elements should face streets and public ways and spaces. i Porch element may also be used within the rear yard. They are usually subordinate to the primary building mass but sometimes are located within the mass (Hopewell House Hembree Farmhouse). Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 56 of 118 ii. Front porches may have a wooden porch floor system and shall have an open crawl space. iii. Porches shall be a minimum of eight feet in depth. iv. Porches shall be on a majority of the front elevations. V. Porches shall be supported on 18" masonry piers. f) Corner lots shall have side porches or be designed with recesses and projections as to discourage a single plane or wall. g) Windows and doors (fenestration) should be of vertical proportions both in terms of actual iamb openings and individual pane size. i. Panes should be of similar proportions on the same building roughly, the Golden Mean. ii. Front doors with sidelights may be an exception. Greek revival fret transoms and sidelights maybe an exception. iii. Windows must be of similar sizes and generally not ganged. iv. Transom windows are prohibited mart from doors and should never be used over windows. V. Shutters shall be authentic fully perable and capable of totally closing on the window sash. h) Chimneys should be expressed in brick or stone external to the building mass and centered on gables. i) Exterior trim shall be of local historic character. i. Authentic, flat casinp-s Mull 2x4) restoration sills Miall 2x corner boards cornice assembly of 5/4 and 2x members, -authentic sash windows with SDL's or TDL's solid wood posts that are chamfered and thick lap siding (Artisan series Hardie) are required on clapboard structures. ii. All exterior ventilation materials shall comply with the architectural period theme for the development. Wall finishes shall conform to the following. i Authentic Board and batten may be used on secondary masses. ii. Flat panel materials with applied batons are not allowed. iii. Wood mold brick of reddish brown local historic color, with little variation Mortar mai be river sand to clay in color. iv. Wall finishes on sides of buildings seen from a public road shall be the same on all visible sides V. Typically, brick is used on commercial buildings and row houses, but is also acceptable on houses as approved b the City Architect. vi. No more than 3 different exterior wall materials. vii Native field stone shall be permitted. Regular Meeting of the Milton City Council Monday, June 16, 2014 at 6:00 pm Page 57 of 118 k) Poured concrete as a finish may be acceptable with permission of the City Architect. 1) Roofs should be yzabled with slopes from 6:12 to 10:12. i Materials should be shake wood shingle or standingseam eam paint grip galvanized metal or asphalt shingles as approved by the City Architect. ii. Half round gutters and round downspouts in paint grip galvanized metal or unfinished aluminum. m) Exterior light fixtures and door hardware to be industrial/rural in character or as approved by the City Architect. n) Landscape should be historic. i. Plant materials should be native and/or historic. This includes boxwoods perennials herbs fragrant shrubs and native trees. ii. Hardscape materials include gravel brick or crushed stone with steel, brick native rocks, or granite edgings. iii. Stone walls and picket type fences should be randomly introduced, with a mix of materials and design. o) Prohibited materials and techniques general: EIFS (exterior insulation finishing r r. systems) plastic OBG's (grill between glass) aluminum exterior railing systems, vinyl coated products, brick foundation that protrudes outside of the framed wall above direct vent fireplace systems chimney shrouds. P) Stove pipes of adequate size are allowed. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 14-155. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Lusk was absent from the meeting. 5. Consideration of 13-22 To Amend Chapter 64, Article VII, Division 6 Northwest Fulton Overlay District. (Agenda Item No. 14-158) 1 z, O-06-207 NO. 14-06-207 (First Presentation at June 2, 2014 Regular City Council Meeting) (Discussed at June 9, 2014 City Council Work Session) (Kathleen Field, Community Development Director) Zoning2014 Modification and HOME OF' "T FSTA B U S I I r, 2006 OW HALL 13W0 Deerfield Par' way SUte 107 Millbn'GA 30004 QQNIA-C—T 678,242..'2 500 678.:242,249x . 2412-4?x 0 You MAYOR JQe Lockwood CIIX COUNCIL 6rer, Thurman' Mott Ktinz. Bit!? usk 501 Hewitt Joe Lori Mick mohrig MISSION The C i!y dt UliClnwiff I�tavicjq. opportunity , y OnValve-6 a responsive cynd responsible eniiiionm.ent ihroUrh c C*tive Pprfnerships with the com.murlity.orld irT =+rrctf'owr,li,e ono e "age PT while prese�v,`J?g orld enhancingppr rurof charac'T'er, CORE VALVES Innovation 'QUOIRY I n'. egri fy Tron Resped Fiscol Responsibility Pr6f0ssiqrqi Develiopmbnt August.4_2014 Mr. Loren.Wimpfheirner The Queen Building 5 Concourse Nrkway, Suite'29'50 Atlanta, GA 30 281 .$4bjpct: Approval of Zoning Modification ZM-1 4-06 Southpast Corner of 8irmincyliam Hwy and Birmirigham Road Dear Mr. Wimpfheimer Please be advised, the. City of Milton City Council approved ved the Zoning Modification. for property located at the,*soiftheast comer of Birmingham HWY and Birmingham Roadat the June 16, 2014 Mayor and Council meeting, Attached are the approved ordinance and'.zoning coAditiousi for the subject site. If you. -have any further questions in regardS -to.. this matter,,please db not hesitate to: contact me. Sincerely, Robyn MacDonald Principal Planner Cc! File ZM14-06, RZ04-1 1.6 reen v , � Ta WILDLIFE Comm ` unity 1-1 STATE OF GEORGIA COUNTY OVFULTON MANN 13E IT ORDAINED by the City' Councit for the City of Milton, Georgia while in regular'se- , on July ssion -21,20144t 6:100 . p.m. as f6l lows: SECTION 1. That the condition of a resolution by the Fulton CoLmty'.Board'ofCbnutil.ssioners, approved on November 3, 2004, for petition RZO.4-116 that approved a zoningto MIX (Mixed Use) and AG -1 Conditional. property- located an Birmingham Hwy (SR.372) and,Birmingharn Road consisting of a.total ofapproximately '2 .3 acres; attached hercto.-and.madea part -herein; 'SECTION 2., That. the property shall be developed in cornplioftce with the conditions of 'approval .as -attached - to this ordinance'. Any diiiq s hereby approved luding. any site. plan} da not. con P (inc authorize the violation of La any.district regulations; :and SECTION 3. That -all ordinances or part of ordinances inances in conflict with'the.terms -of-this ordinance are hereby repealed;. and SECTION 4'. This Ordinance shall become eMective upon adoption by the Mayor and City Council and the signature of approval.of the Mayor, DADAINED this 21"'day of July',. 20.14. Attest: Sudie Gordon City Clerk Appr-o"Ved- cie Page I of 4 RECO MMENDED CONDITIONE Should the. Mayor and City Council acorove this betition. the recorn'm-end*pri conditions (RZ04-116) .should be revised to read as follows: L To the owner's, agreement to restrict the, Use of the subjecl propertyas follows: d. A. residential. development on one acre Mi nimu,m lots on 13.587 acres outside the Birm'ingfiam N eighborhood. Node within thet.sou'fhedst quadrant of, the intersection 'ofBirmin hdrh Highway a.hd. Birmingham. Road said acreage is to-.be:zoned'AG'-I (Agricultural) Conditiona . 1. 2, To the owner's q-grEibm e nt tobbide by the following: 4. To the revised site plan dated June 17, 2014 QGie-bel, 228, 20-0-4 -submitted the Dep(jOrhent of En�meRI-Gf,O Community Development' Said site plan is conceptual only and: must meet or exceed - the requirements of the;Zoning Ordinance and these conditions prior to-1he a . pproval of alan d. Disturba.nce' Permit. Unless otherwise noted herein., compliance with all conditions shall be in pla.ce prior to the issuance of the first-Cerfifica4b of Page 2 of 4 I REVISED SITE PLAN RECEIVED OIN JUNE 17; 2014 Page 3 of 4 LEGAL. rjEscmptiohj ALL THAT TRACT -OR PAr%CEL OF t0tyinq anddb--ng in Lanql-ot= &.413 of the IXOM04 21.6 SWIQn �G of Mftonj� Full6n doont I . RY Gao,11a anti bathg'mora parliculwly di,�krlbi�d 85 folbvw. w(nmw to Land L='030., 381.412&413r gic' cc along the -Land Lot, line u 634,34 teen is a,olnt! 9nW%8 SbUffib9degrees -12 mutes 3i aezond§Wjast.j distanc6 of 522.41 feet to a "Int et the cantarKno of I areek.lhznci a aloftg,sald cargorM4 of seek the MWAN. 66u.fs.es and'disianoet.: North 56 degrees 14 Mimtes 60 wcoqdis'Nest U.'ditlan'oe of 151.14 fet-t to w point; Rwhoo 8.6bm 84 degraws 51 minutes G& x4com4i Wast a diatance of 5431 feet to a*p0lAl;lhenCe,*NorM W idSgre6vA0vfnLft" 03 s6coaas Viest, a mmma or -r5.a5 feet to'a poiril; theme 6a�wh 43 deg^ees 31 minwas 07 seconds tallest a distance of.28,05 fee W a Wnt; thentv- Meth 34 ftmm 21 minLAm, 141 sknndEiWest m 4.9famp ref 72.9Alfw4 tri pi point; tfienw.Sbwlh 76 daGwo" 95 rrinwajl 4.4 G000ride Vjeal a distanC'0'of JU�OQ J60J.,to 4 point tbimoe North.3S degie6a.4D.minutes-40 *rzondsN I ast I a dimanm of 48.93 fit to' in; then& IeWug said cr6ek to a Pew; IbOnca NWM IF,.degr.s4-.2i3 ronum 62:lwwnde we5t . a distance 01,100.24 tefto a pD]nt thence f,16dh 33,de'c nd3 "Ie3t a rk"140-nn fl -u- mqltfwlyAUbl-nf-wuy Pru:mf Rirminham Hvuy (App sem 40'llftihencealongaad right-ofrw&? line t4airiK.D3 d,38rft,4. 4errfj�uw.s 35 aar onds'Easta dittanod of 715.03ic4ita paint; -Ifwn.w Wuv.-nq zwiO dUhj-,of-yyay,6nV-Nqfth 0.7 ftree5,-a3 minutes 34 sccCnd* ESSt a d!5t8nW of 375.14 feet to a point;tvente NcrLh 03 degrees. I 67 cnln 69 . qtas:49 1�aeccnd� East dists-ow ul'178.6'0�fedlo. iball on the southerly ht-of-wgy-line of %*ngham Road (ApqareM'W RA' , Inenceialong said right-of-way pna South .74-04gr6qs. 14 minutes 42 seconds East a dists-ioe of.24;i,bqfeet to oi-t; *.pthence leaving Wo right -of - 046 . , 1. way Ilae South . qme5 a minutes 65 secbndsVee�sta dlstanw 08626,67 le-et.to apcljli: thane t4prth 88 degms D13 rnlnut6s 57 swonds Eaii a di:ftnceaf:7D8.6U fett to -a poird and the F�OINT.017 Sb3'INNJN(,- S.0 d liatl Willah.11riq 22,9O. trnre or lea*,. Page 4,of 4 'C1'ry0Fm),L,r3N COMMUNI-Y OEVELQ014607 I0 'RECOMMENI)ED CONDITIONS so L Should the Mayor and City Council approve � this petition, the recommended c6nditionsfRZ04-116) should be revised fo read as follows; L 1. To the owner's. agreement to restrict the use of the subi.ett property as.follows-. d. A GE)FnMUR4� 1, residentid development on one acr' minimum nimum lots ort '13.587acres autside fhe Bithl'ingham Neighbbrhood Node within the southeast quadrant of the infer ' section,of Birrnfngham rind � Birmingham.Road said acreage is to be zoned AG -1 (Agriculfuralj Conditional. 2. To the owner's agreement to QbidO by the following.. C3. To the revised site plan, -dated June 17 �O 14gg �3� e 1 4 '�gp (Pe'44 20OA17 0 4-Z4)G43-eo4AN4ed+ subrhitted to theDepartmantof Community Development. Said site plan is conceptual only and must meet or exceed requirements rements of f the .he Zol,ning -Qrdinance 4&��o and these condi-tions.priorto-fheoppTovaI IJ I Moss-oth of a Land Disturbance Permit, erwise noted herein, compliance with all condiflons..shall. be in Olace!pribr to fhe issuance of f the first Certificofe of Occupancye Page 2 of,4 Regular Meeting of the Milton City Council Monday, July 21, 2014 at 6:00 pm Page 8 of 13 Pete Hendricks Just a closing comment. I think with this type of use we have a benefit that runs of being a very quiet, non-invasive, non -intrusive use. You have no a.m. and p.m. peaks. You have a modest amount of traffic coming and going and obviously you don't have an infusion of school children. So, with that I think it really fits within the fabric of the mix of uses that is envisioned for this part of the city. Thank You. Councilmember Kunz With regards to staff, I am just making sure; we have 86 units, 30 some odd parking spaces, is that normal for a commercial property, a property like this? I just wanted to verify that, Robyn MacDonald It does. There is an actual ratio that is required in the code for this type of use and they actually have a few more parking spots than required by the code. Councilmember Kunz We have a specific code just for senior living places? Robyn, MacDonald Yes. 1 Motion and Voter Councilmember Longoria moved to approve Agenda Item No. 14-187. Councilmember Mohrig seconded the motion. The motion passed unanimously (4-0). Mayor Lockwood and Councilmember Lusk recused themselves from the vote. Councilmember Hewitt was absent from the meeting. 2. Consideration of Z14-06 — Southeast Corner of Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural). By Capkey Birmingham Partners, LLC to Modify Condition l .d. to Delete the Community Park and Community Septic System. To Modify Condition 2.a. to Revise the Site Plan. (RZ14-0116). ORDINANCE NO. 14-07-213 (Agenda Item No. 14-188) (First Presentation at July 7, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) Kathleen Field, Community Development Director Thank you Mr. Mayor and members of the council. On the slide you can see the area parcel outlined in red. This is the same parcel that came before you last month. The current zoning shows for the northern part of the parcel to be mixed use and then the lower part to be AGA. This is the revised site plan that was submitted on June 17, 2014. Also, here is the original site plan from 2004 for the approved zoning at that time. In terms of history and background, at the June 16, 2014 Mayor and City Council, the applicant's request pursuant to ZM14-03 to amend Conditions 1.c., Ld., 2.a., and 3.b were approved. These amended conditions deleted the requirement for the day care facility, allowed single family Regular Meeting of the Milton City Council Monday, July 21, 2414 at 6:00 pm Page 9 of 13 homes, curb cut(s) along Birmingham Hwy to be determined by the Georgia Department of Transportation and lastly modified the site plan. After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff determined that Condition Z.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions) and therefore the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to remove the reference to the "community waste water facility" indicated on the site plan within the AG -1 portion of the development. And, to essentially summarize what is going on here in terms of the request is that the applicant would like to use the community septic system that is on the northeast quadrant as opposed to using the one that was included on their site plan as part of the original rezoning. There was a separate community septic system on the southeast quadrant. So, they would like that to go away and would like instead to use and share the existing one that is behind Publix, therefore, there is a request to modify the condition as well as to change the site plan which actually has a delineation on the site plan of this request as well, of this requirement, I should say. So, therefore the proposed modification to the conditions are to delete from (1)d the requirement for community park and community septic system and essentially just make reference to the residential development on the one acre minimum lot on the 13 acres. These are the 13 acres that are zoned AG -1 on the southern end of this proposed development. Also, to change the site plan to the one dated June 17, 2014 and that will delete on the site plan that requirement for the community septic system on the southeast corner. So, it is a change of condition and change of the site plan. At the CZIM Meeting on June 24, 2014 there were no members of the communityresent. The applicant is requesting to delete p ppiq g r the required community park and septic system as described above. It was the applicant's intent to serve the southeast quadrant with the existing community septic system located on the northeast quadrant. Staff notes that the one acre AG -1 lots will be required to provide individual septic systems for each of their lots as required. In addition, the community park was to be developed in conjunction with the required community waste facility which is how the community waste facility was developed on the northeast quadrant. If the community septic is deleted, so should the community park. Below is the letter from the engineer indicating that there is future capacity for the southeast quadrant using the northeast quadrant's community septic system. And, this is the letter that we have from Ken Wood stating that there is capacity in the community septic system on the northeast quadrant to serve the southeast quadrant. As mentioned before, there is reference on the 2004 site plan of "community waste water facility". The revised site plan indicates that general area as "open space". This is an acceptable substitute and at such time the site is developed, this area will remain undeveloped. Based on staff's analysis, staff recommends approval/conditional of condition 2a and 2d as referenced above. Are there any questions? Councilmember Leask Kathy, I wasn't here at the previous meeting, that area that was previously designated as a community park, what is that area going to be? Kathy Field �z.,. It will not be developed. It will be open space. And, that is what will show on the revised site plan. Councilmember Thurman Staff recommended approval of condition 2a and 2d. What about l d which was the modified; are you recommending approval of all of that too? Regular Meeting of the Milton City Council Monday, July 21, 2014 at 6:.00 pm Page 10 of 13 Kathy Field Robyn, can you clarify that? Is that a typo because as I was reading it; should it be 2a and ld as referenced above? Robyn MacDonald It is 2a and I and that is in the report. Councilmember Thurman So, it is not 2a and 2d it is 2a and 1 d. Robyn MacDonald Correct. Kathy Field Thank you. Loren Wimpfeimer, S Concourse Parkway, Suite 2950, .Atlanta, Georgia 30328 I defer. I reserve my time for Ken Wood. Ken Wood, 350 Research Court, Norcross, Georgia 30092 We can before you last month to talk about the project so I will keep it brief. Essentially, this is the previous site plan and this is the location that was specified for the community septic tank and when we got to looking at it, we realized that it was just one of the site planning things that we can across previously where sometimes things just kind of get put on the plan where there is space left over. We realized the slopes in this area are too steep for a community septic field so it would not have worked anyway. So, then we had a lot of discussions with AG Armstrong, the owner of the treatment plant, and realized that there was sufficient capacity for the development. So, we worked with his engineer and myself and came to a conclusion that there was capacity for the 33 single family homes or townhomes to be proposed up here as well as additional capacity for the commercial. For some reason, if everything wanted to be a restaurant and we slightly exceeded that additional capacity, we also have areas down just below the commercial where we can do an additional couple of septic lines if we needed to but we don't anticipate that. So, for right now the area that we have on our site plan, the question that came up just a second ago, our open space area is actually even larger, that is kind of the area that has a lot of the existing trees and it is not really suitable for that area. And, so if there was going to be additional septic field it would be down there just below the roundabout. For now, we have checked the capacity, we have worked with Armstrong, but we feel like we have asuperior plan to what it was before. With that, I will reserve any time for questions. Motion and Vote. Councilmember Kunz moved to approve the Agenda Item No. 14-188. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. • � �.• s f-f- FULTON COUNTY DEPARTMENT OF ENVIRONMENT & COMMUNITY DEVELOPMENT March 2004 2015 North Fulton Plan. ' Plan and Development. Standards NFC 20032-0093 Approved by B O C March 3, 2004 Prepared by Fulton County Environment and Community Development Department March 2004 Fulton County Environment and Community Development Department 141.Pryor Street,.Suite 5001 .Atlanta, GA 30303 Main Phone: 404-730.8000 Fax: 404-730-8112 http://www.fulton.cedl.org Fulton County Board of Commissioners Karen Handel, Chairman, District 1 (at large) William "Bill" Edwards, Vice Chair, District 7 Robert Pitts; District 2 (at large) Robert Fulton, District 3 Tom Lowe, District 4 Emma. 1. Darnell; District 5 Nancy Boxhill, District .5 Fulton County Staff Thomas C. Andrews,. County Manager Terry L. Todd, Deputy County Manager Steven R. Cover, AICP, Director, E&CD. Alice F. Wakefield, Deputy Director, E&CD Beth McMillan, Assistant Director, Comprehensive. Planning Division, E&&CD Jessica Lavandier, Senior Planner, Comprehensive Planning Division, E&CD M BIRMINGHAM. CROSSROADS` PLAN Table of Contents I. Introduction A. Birmingham Pian. Context II: )Existing Conditions A. Planning and Zoning at the Birmingham Crossroads B. Fulton County Development Regulations C. Transportation D. Fulton County Historic Resources Survey E. Commercial anis Office Development Trends F. Market Study G. The Economics of Development III. Planning Process A. Summary of Stakeholder Interviews B: Concept Plan and Community Workshop IV. Praposed.Plan and Recommendations. .A. Vision B. Proposed 2015 Land Use Plan Amendment C. Septic Field and Containment D. Neighborhood Node Policy E. Conceptual Development Per Quadrant F. Historic Preservation Incentives G. Transportation Recommendations H. Proposed Plan Policies VI. Appendices A. Node .Policies B. Birmingham Historic Resources C. RCLC Market. Study D. August 3.1; 200.1 Survey. and RCLC Survey Results E. Possible Tenants per Building Types Birmingham Crossroads Plan {NFC 2003:2-0093} — March,. 2004 Page ii 1 2 19 21 24 28 28 33. .36 37 3.8 39 39 44 El ® BIRMINGHAM CROSSROADS PLAN I. Introduction The purpose of this study is to develop a plan for the Birmingham Crossroads. The Birmingham Crossroads has historically been a commercial node in Northwest Fulton. It is located at the intersection of Birmingham Highway (State Route. 372) and Birmingham. Road/Hickory Flat Road, in Northwest Fulton County, (see Map 1). As directed by the Board of Commissioners at. their May 3, 2040 meeting; Fulton County staff developed this plaii with input. from property owners. of the Birmingham Crossroads, developers interested in working at the Crossroads, and Birmingham area. residents and stakeholders. RT.KL. Associates Inc.: worked. as a consultant to Fulton. County in this planning process. Bi mingha.m Crossroads 9 2000 6 2000 4000 Fey{. .Map I: Birmingham Crossroads Location: The goal of the plan is to: create a framework for the development of a pedestrian oriented, mixed-use neighborhood node. with commercial and office uses at the Birmingham Crossroads as set forth in the Neighborhood Node policy and that maintains the historic character and natural environment of the Crossroads. The study areaof the plan comprises approximately 48 acres around the intersection of Birmingham Highway Birmingham Crossroad% Plan (NFC 20032-0.493)—March, 2004 Page 1. ® BIRMINGHAM CROSSROADS. PLAN (State Route 372) and Birmingham Road /Hickory Fiat Road (see Map 2). The study area includes all parcels zoned. Community Business Industrial (M-1 conditional) and some adjacent. parcels. [h—k- �yft9lkr':•r. err WEE' [;a66 i e.rwlb FIZZ The Athantu K�gto...n 10 c n6es and ],OW aquas mils. Qwinnwt icryenC C r.yj Hlriry Map 3; Birminghain'in the - Atlanta 'Region lr.iu}l:L: 1Jllillulrpiakll %-1vJA[VRUA L1Ll1uY ru1.,a A. Birmingham. Plan Context One of the strengths of a.. community plan is how successfully the plan integrates with and . strengthens. surrounding uses, capitalizes on opportunities and. recognizes existing constraints. The following sections discuss both the .local :and regional context. Re ional Context -- The Birmingham. Crossroads study area is centrally located within. a region of land bounded on the east by .State Route 9 and the Georgia 400 corridor, on the west by State Route. l40 (Arnold: Mall Road) and to the.north by State Route 20 (see.Map 3 and 4). This wedge shaped. region contains between 15,000 to 20,000 acres. of land and is an emerging area of development. `What was once primarily rural agricultural. land is now a mix. of rural/agricultural uses, residential estates, residential. suburban subdivisions (such as White Columns); and Birmingham Crossroads Pian (NFC 20032-0093) -- March, .2004 Page ? ® BIRMINGHAM CROSSROADS PLAN .._.,, Map 4. Regional Context- close up commercial. nodes at. Arnold Mill Road, Crabapple and. Birmingham communities. Regional employment corridors have formed along the GA 400,, Hwy..9, Hwy. 20 and Hwy, 140 corridors.. Over .the Iast. 10 years, Northwest Fulton has .experienced increased population growth. In census tract 115.0.0, which includes most of Northwest. Fulton, the population grew by over. 100%fl from 1990 to 2040 - from 10,695 to 21,904. The estimated number of households increased from 3,782 in 1994 to 7,239 in 2000. According to the Atlanta Regional Commission, in 1999 this census tract has 14,13.1 acres of developable Land.. ARC forecasts that this..censustract will continue to .grow: Local Context- Uses at the Birmingham Crossroads include residential, institutional, retail and industrial uses. Existing commercial is comprised of a Shell Station. (4,559 sq ft); with an integrated .dry cleaning service and a sandwich shop, My Sister's. Gift in the former Buice's Store (2,672 sq R) and Crabapple Hills Farm (1,104 sq ft); a furniture store. The only industrial use is the Dinsmore Grading Company (M-1 conditional and. limited to 5,000 sq ft). A power station and telecommunications/Gell. tower antenna are located on the. Southeast comer. Vacant property zoned commercial include the Newton House (2,304 sq ft) and the Feed Store (2,574 sq ft). The total square feet of space zoned. commercial and industrial is l 5;212 square feet. Some of the structures at the Crossroads were. includedin the Fulton County's historic resources survey (see page.: 13). The.Birmingham United Methodist Church, on Birmingham Highway, is located to the south of existing commercial uses and to the .east. and: north. of residential uses. It is developing a sanctuary of at Ieast 50 additional acres. adjacent to. its church. The Birmingham Baptist Church and the Boiling Springs Primitive Baptist Church are. nearby. A landscape. nursery, :zoned Commercial (C4 conditional) is located on. Birmingham highway, approximately 1,500. feet to the south of the intersection of Birmingham Road and Birmingham Highway. The Birmingham Fire Station and Police precinct are on Hickory Flat Road.. The 200 acre Birmingham Park is to the NW of the Birmingham Crossroads. The park land is accessible from Birmingham. Highway, .Old Bull Pen Road and New Bull Pen Road. The Parks and. Recreation Department. will develop a master .plan for this: park that will address design, access and programming. Within one half mile of the intersection of Birmingham Highway and Birmingham. Crossroads Plan (NFC 24032-0093) — March, 2004 Page ® BIRMINGHAM CROSSROADSPLAN Birmingham Road/ Hickory Flat Road,. parcels are divided into. typical rural/residential patterns of S to. 20 acre parcels. and scattered 1 to 2 acre residential lots. A 23 home subdivision is located to the west on Hickory Flat. Road. IL )Existing Conditions A. Planning and Zoning at the Birmingham Crossroads In the. early 1900's, Buice's Country. Store and the Newton House were established at the Birmingham Crossroads to serve.: nearby farmers and residents. The Birmingham School (which in the .1940's became. the Birmingham Community house), three local churches and various homes formed the nucleus of the: Crossroads: Map 5: Birmingham Crossroads Current Zoning Zoning - Fulton County adopted the Zoning Resolution of Fulton County ih 1955. Through this resolution, unincorporated Fulton County was divided into zoning districts that :regulate the type and location of land uses within each .district. In 1955, tivhen Fulton assigned zoning Birmingham. Crossroads Flan (NFC 20032-0.093) — March, 2004 Page 4 SIRMINGRAM CROSSROADS Current Zoning ED Aa.i (n8fice14n.1) . C1 C - E. {can arrlam;c„f .. [:� M-1 (Light iwdusvialJ Acrcy Zaled. _ Coinwett[el aryd fndWrpirt :J�..`-.: gham FcrCmaer Goa asda SSudy afan '� C.r r C.1 Md Tri ;1F . ..:: MiNc N41 3.d SW 4,2 n� Ra ?4E E i T-1I A 13-3 Taal meed CA W M.1: 15.1 i a 500 Feet Map 5: Birmingham Crossroads Current Zoning Zoning - Fulton County adopted the Zoning Resolution of Fulton County ih 1955. Through this resolution, unincorporated Fulton County was divided into zoning districts that :regulate the type and location of land uses within each .district. In 1955, tivhen Fulton assigned zoning Birmingham. Crossroads Flan (NFC 20032-0.093) — March, 2004 Page 4 ® BIRMINGHAM CROSSROADS PLAN designations for all of the land within its jurisdiction, each comer (ranging from 2.5 to 4.1. acres) of the Birmingham Highway and Hickory Flat Road/Birmingham Road crossroads was designated. as Community ' Business (C-1.). The: zoning reflected some of the existing commercial uses at that time.. Commercial zoning on these 13.3 acres is still in place today (See Map 5) (this includes the 0.97 acre parcel zoned C-1 and located outside .of the study area and owned by the Birmingham United Methodist. Church).. In. addition,. 1.8 acres .in the SW corner was zoned as Industrial (N4-1 conditional). The land around the crossroads was designated as agricultural (AG -1). The parcels zoned unconditional. Community Business (G1) can be used and developed for commercial uses as long as they meet the Fulton County Zoning Resolution, including the Northwest Fulton .Overlay and development. 'standards. These parcels, particularly those facing Birmingham Highway, could develop with. automobile .oriented uses, such as a gas station, convenience store, and fast food restaurants. The parcel zoned Industrial (M-1 conditional) is located on Birmingham Road just west of the. electrical. transmission station.. It was formerly used as a garage for earth moving equipment. The industrial zoning (M-1) is conditional and limited to the existing use; In other words., a..change in the use of this property would .require a rezoning. In the 15.1.acres zoned C-1 and M-1; approximately 50,000 square feet of commercial, office and industrial uses could. he developed following the existing development standards. CoMprehensivePlanning - The. Georgia Planning Act directs local governments.40. prepare comprehensive plans for their jurisdiction in order to provide for .Orderly growth arid: development. The act provides a framework to facilitate and encourage comprehensive planning and development at the local government level. A. Comprehensive Plan is composed of a plan document with policies and a land use map. The 2015 North Fulton Comprehensive Plan establishes goals, strategies and policies to guide to land use, economic development, community facilities,. transportation,. natural and cultural resources and housing:. The Land Use Map designates :the desired future use for all parcels in unincorporated. Fulton County. The land. use designation; at times, reflects existing zoning or use. In 1988,.the Fulton: County Board of Commissioners (BOC) adopted the. 2010 Comprehensive Plan and Land Use Map for Unincorporated Fulton Birminglham Crossroads Plan (NFC 20032-0093) March, 2004 Page ® BIRMINGHAM CROSSROADS PLAN County. A plan update for Sandy Springs and North Fulton was. adopted in 1994. The 2015 North Fulton was approved in 1999.and a Northwest Fulton Plan was approved in 2000.. When adopted by the. Board of Commissioners, the Birmingham Crossroads Plan and policies will be an amendment to the 2015 North Fulton Comprehensive. Plan and Land Use Map. The 2015 North Fulton Comprehensive Plan and Land Use Map designate the parcels at each of the corners of the Birmingham Crossroads, approximately 15 acres; as Retail and .Services (this includes the 0.97 acre:. parcel. outside of the study area and owned by the Birmingham United: Methodist Church) and 1.6 acres as Industrial (see Map 6). The properties surrounding these parcels. are designated as Agricultural (AGA). Agricultural designation provides for loth agricultural. and residential uses. The land designated as Retail and Services is consistent with the current zoning designation of Community Business (C-1). Bath the ofd and new Birmingham Parks are designated as Parks, Recreation and Conservation. This is the land use designation for County owned parks. Map 6:.Bi.rmingham Crpssroads.2015 Land use. Map Birmingham. Crossroads Plan (NFC 20032-0093): — March,..2 ..04 Page 6 r ® BIRMINGHAM CROSSROADS PLAN Neighborhood Node Fulton County's Comprehensive Plan calls for commercial, office and residential nodal development at designated intersections. The 1988 Fulton County 2010 Comprehensive PIan and Land Use Map established `classifications for these multi use. activity nodes -Regional, Community and Neighborhood- according to their location in the transportation network. These node designations did not .have established. physical boundaries. The Fulton County Comprehensive Plan defines a.Neighbdrhood Node as a node that: "consists of up to 100,000 square feet of retail and service uses and office uses not to exceed 20,000 square feet per acre with a. maximum of 1001,000 square feet. in total office uses. Minor arterials and collectors are appropriate for neighborhood commercial. Residential. development in the neighborhood node should not exceed five units per acre". In addition to the text, the Comprehensive Pian also includes a table that states the neighborhood node. definition (shown below). Activity Node Commercial Total Sq Ft Neighborhood Node up to 100,000 Minor. arterials and Collector roads Office Residential Per acre/total Units per acre Up to 20,0001 up to.5 Total .100,000 In summary, in a Neighborhood Node allows up to 1.00,000 .square. feet of commercial uses, up to 100,000 square feet of .office..uses. and. up .to 5 residential units per acre (see Appendix A for definition). The: Birmingham Crossroads is classified as a Neighborhood Node. The 2010. North Fulton and Sandy Springs Comprehensive Plan, adopted int 994, and the 20.15 North. Fulton Comprehensive Plan; adopted . in 199.9,. retained this Neighborhood Node designation. The: Comprehensive Plan policies., the Land Use Map and node designations are all considered by Fulton County staff and the Board of Commissioners when evaluating rezoning applications: Birmingham Crossroads flan. (NFC 2003L-0093.) -- March, 2004..Page 7 ® BIRMINGHAM CROSSROADS PLAN Residential uses at the Birmingham Crossroads require septic systems. Since The Fulton County.Code ofLaws requires a minimum lot size of one acre of usable land for the installation of an onsite sewage management system serving a single residence, residential uses at a density over one unit per acre in this unsewered neighborhood node are unlikely. Outside. of the neighborhood node, the land use remains as Agricultural. The Fulton County Zoning Resolution requires one acre lots for resideritial uses in AG -1. Maintaining Rural Character in NW Fulton. County — This Comprehensive Plan amendment, adopted in 2001, includes vision statements, goals, policies and strategies for rural character preservation, environment, development and parks, recreation and community facilities in NW Fulton County. The vision of the plan is; Northwest Fulton: County is a desirable location to live largely because of its rural, historic, agrarian,. and equestrian. qualities. The area's identity should not only be protected; but. also .enhanced arid. complemented by future development. Growth can occur without losing what makes the area desirable. in the first place. However,. this should occur by design rather than chance.. Goals of the plan include: "Commercial uses are limited to areas designated .as such in the Comprehensive: Plan and Land Use Map. Any expansion.of these local commercial areas should be done through a Comprehensive Plan update process and "Commercial uses and higher density residential developments are limited to areas designated in the Comprehensive: Plan and Land Use Map." The plan also included strategies .for transportation, development and greenspaces Northwest Fulton Zoning Overlay District -.In April .1 .99.9, the Northwest Fulton Zoning Overlay District (the .Overlay District) was approved by the Board. of Commissioners.. The Overlay District. is a set of design standards that applies to non -single. family detached buildings such as townhomes, office; institutional,. and .commercial buildings. The intent of .the Overlay District is to ensure that new construction, renovation of existing buildings, signs, and landscaping axecompatible with. the development characteristics of existing rural crossroads. communities and the rural character of Northwest Fulton County. The NWF Overlay is included in the appendix. The standards call for pedestrian oriented buildings in a village lice. setting. As a strategy to promote village type development, the Overlay sets the maximum building size at 25,000 square feet. The Northwest Fulton Design Review. Board .(NFDRB) is charged with Birmingham Crossroads Plan (NFC.2003Z-0093) - March, 2004 Page ® BIRMINGHAM CROSSROADS PLAN reviewing and providing comments to the Environment and Community Development Department (E&CD) on non -single family detached permit applications fvr compliance with the.NWF Overlay standards. This proposed. plan meets the Overlay standards and fulfills thepolicies, - intents and goals of these .standards. However, several design. standards of the Overlay. District should be amended to meet the design intent. of the Birmingham Crossroads Plan. In conjunction with thisplan, the Birmingham Crossroads Design Standards are being proposed for consideration by the Fulton County Board of Coinmissioners. In addition, Birmingham Design Guidelines will be. developed by E&CD. Zoning Histou - In 1998, two. applications were made to Fulton County requesting rezoning of the. Northeast and Southeast comers of the. Birmingham. Crossroads, The Maxwell properties, zoning request (9.8Z- 100), filed on 9-25-9$; requested rezoning. of 24 acres to Community Business (C-1) :on..the -Southeast corner of the Crossroads: The application called for the construction of a shopping center with 8 1, 150 square feet, or 3,673 square feet per acre. J.W. Bell Enterprises (98Z-123),. filed on 10- 27-98, requested the rezoning of 21 acres. to Community Business (C-1): on the Northeast corner of :the Crossroads. This plan called for the construction of a shopping center with 90,000 square feet, or 4,327 square feet per acre. The applications were deferred. three times, on March 16-:17, 1999; on May 18, 1999 and, on September 2I, 1999, to provide an opportunity for the Birmingham Community to work with the developers to create a master plan that would address development of all four corners. The Birmingham Civic Association (now the Birmingham Hopewell Alliance — BHA) in partnership with the Chattowah Open Land Trust, contracted With Robert Charles Lesser and .Company (RCLC), to .conduct a. market study and market survey for the area.. The BHA also contracted with RTKL, Associates. Inc. to develop a master plan for. the Birmingham. Crossroads. Several months of effort resulted in the preparation of conceptual plans for the Birmingham Crossroads, but no consensus was reached between the developers/ zoning applicants and community residents. In May 2000, the Board of Commissioners denied both rezoning applications due to their inconsistency with the 2015 Comprehensive Plan policies and the Land Use Plan map designations. Moreover, the.Board of Commissioners directed Fulton. County staff to conduct a plan for the Crossroads based on input from landowners, developers. and residents. Birmingham Crossroads .Plan (NPC 20032-0093) Murch, 2004 Page ® BIRMINGHAM CROSSROADS PLAN Birmingham Neighborhood Node_ Master Plan Study, Executive Summary, April 2000 — RTKL drafted this document to summarize the. planning. work to date. on. behalf of. the: Biirmingham Hopewell Alliance. The planning process included an analysis of existing conditions, issues and opportunities, opportunities and constraints, a community survey, a. market study by Robert. Charles Lesser (summarized in Section F below), goals and five alternative development concepts. The Executive Summary states that. the common vision for the Birmingham Crossroads. is for the area to have a rural flavor, that the uses. within the node. should be tailored to the community's needs, that greenspace and.a sense of history need to. be preserved. and that the. development at the Crossroads should be small- scale,, walkable and Pedestrian. friendly. Some planning concepts discussed during the planning process were: Commercial uses distributed on four corners, but with a majority located east of Birmingham Highway; • An. identifiable edge around fhe neighborhood node to prevent expansion; A green belt to provide the identifiable edge; ■ Institutional,. such as churches, and non-commercial uses to he located at the Crossroads; 41 Linkage to the surrounding park and open space; Screening of power station, and Replacement. of cell towers. B. Fulton County Development. Regulations Fulton County development. regulations will shape development at the Crossroads- Septic rossroads_ Se tic Requirements — The Birmingham Crossroads. is. in the Etowah River Basin. The. Etowah River basin is not. served by a. waster water treatment. facility. The Fulton. County Board of Commissioners adopted a Resolution .in 1.995, Item Number 95-033.9, prohibiting ther expansion of the Big Creek and John's Creek Sewer Treatmentplants in order to accommodate portions of the. Etowah River basin, and to prohibit inter basin .transfers from the Big Creek sub -basin and John's Creek sub -basins.: to the Etowah River basin (Chicken Creek: and Copper/Sandy Creek sub - basins). This precludes the installation of public server lines and facilities in the Etowah River basin that would connect to Big Creek and John's Creek sewer treatment facilities. In unsewered areas, developments must use onsite sewage management .systems. The Georgia- Environmental Protection Division (EPD) allows Birmingham Crossroads Plan (NFC 20032-4093) — March, 2004 Page 10 ® BIRMINNGHAM CROSSROADS PLAN Fulton County to issue permits for septic systems serving non -single- family developments that are less than 10,000 gallons a day or have less than 3,000 lineal feet. of Tine. Septic systems above 10,000.gallons have to be. permitted. by EPI). State and County regulations require that a septic.field be under the same ownership as the building being served by the facility. Therefore, if the. ownership of an out -parcel is not. the same as the ownership of a larger. development, then the septic system.neeAs to .be in that.out-parcel. This could also limit the use. of conservation easements on septic fields. The size of a septic system depends on the linear feet that are required. for a system. The.: required linear feet for a septic system depend on the percolation rate of the sails and the gallons per. day (GPD) established for the use in the Sewage Flow Schedule.. For example:. the Sewage Flow Schedule estimates that a grocery store will use 200 gallons per day (gpd) per 1,000 square .feet, an office will use 25. gpd per. person, a. restaurant . will use 50 gpdper seat; and a retail store. vvill use 4.00 :gpd per .restroom. The slower the soils percolate the. more liner feet of septic system :are required.. In addition to the septicfield, a: reserve field that is equal to the size. of the septic field is needed. According to Georgia' Department of Human Resources, retail and office uses could be tied into a combined septic system. However, single family homes should have their own. separate septic system. Fulton County Code: of Laws (Fulton. County Code of Laws, Board of Health Regulations - Title 30 Wealth and Welfare;, Chapter. 2..Adopted by the BOC .lune 1982. and Amended September 19.88): requires a minimum lot size of one acre of usable land for the installation of an onsite sewage management system serving -a single residence. This acre of usable land must meet several Health Department. standards. Development -Re — Development requirements are one. of the factors that will determine the amount of buil square footage that can be developed on a site.. Storm water management facilities. require approximately 10% to 15% of the site. The amount of parking required by the Fulton. County Zoning Resolution depends on the type of use. For typical office uses, 3 spaces per 1,000 square feet are required,. for retaillgrocery use 5.. spaces per 1..,000 square feet are requires and for restaurant use 10 spaces: for 1.,000 square feet are required. In. addition, the Tree Preservation Ordinance requires a 180 square foot landscape island per 5 parking spaces and at: one island at the end of each parking row..In addition,. transportation improvements are often required when. a parcel is Birmingham Crossroads Plan (NFC 20.03.270493) — March, 2404 Page t 1 ^h. ® BIRMINGHAM CROSSROADS PLAN developed. These could include installation of sidewalks and. deceleration/acceleration lanes and right-of-way reservation. Taking into consideration the buffers and. setbacks called for in NWF Overlay, parking requirements, storm water management. requirements and estirnated septic field sizes assuming average percolation rate, the following examples illustrate the potential size of development in various parcel sizes. A. 1.5 acre site could accommodate a 21,000 sq ft retail building with a.50 ft buffer on 2 sides; 10 parking spaces and.a 2,700 sq ft septic field. This. site .site could also accommodate a 3;004 sq ft office building with a 50 ft buffer on 2 sides, 9 parking spaces and a. 1,328. sq ft septic field • A 2.5 acre site could.. accommodate a 10,000 sq ft retail building with a 50 ft buffer on 2 sides, 50 parking.:spaces and a 5,400 sq ft septic field. This size site could also accommodate a 35000 sq ft restaurant with 50 seats, a 50 ft buffer on 2 sides, 30 parking spaces and 15,000 sq ft. septic field. • A 5 acre site could accommodate a 25,000 .sq ft grocery store with a 75 .ft buffer on two sides, 125 parking spaces and a 3.0,500 sq ft septic system. C. Transportation Birmingham Crossroads is at the intersection of Birmingham Highway; Birmingham Road and Hickory Fiat Road. Birmingham Highway is. designated asState Route 372 and it is: also a truck route. Trucks also use. Hickory Flat Road.. The Fulton County Truck Route Ordinance controls the weight, size and parking of motor vehicles over specific weight limits within residential areas and public rights -of ways in unincorporated Fulton County. All regulated trucks must use the truck route systema Fulton County allows trucks. to leave the system to reach :a destination.. The Georgia Department of Transportation is responsible for improvements along this road. Birmingham Road and Hickory Flat Road are both Fulton County roads. Birmingham Highway is designated a major collector and carries the. more traffic than the other two roads. Birmingham Road is a minor collector and Hickory Flat Road is. a local road. The Average Annual Daily Traffic. (AADT) north of the Birmingham Crossroads in :2001 was 3,554 and south it was 4,912. The. AADT is expected .to increase as: Northwest Fulton continues to develop. Birmingham.Crossroads Plan (NFC 20032-0093) -- March; 2004 Page 12 ® BIRMINGHAM CROSSROADS PLAN The intersection is expected to. provide an adequate level of service.. Estimated Avera Table 1 e Annual Daily Traffic AAD`I) on Birmingham H Year North of the Crossroads. South of the Crossroads 1997 2,365. 3,739 1998 2,634 3,986 1999 3,461 4,757. 2000 3,386 4,60 2001. 3,654 4,912 2014 7,550 9,370 2020 9,600 10,710 When properties are rezoned or when an. application for a land disturbance permit is submitted, the Transportation. Division of the Department. of Public Works requires implementation of transportation improvernents to .mitigate the anticipated impact of the.. development on.. the transportation system. Installation of sidewalks, right-of-way dedication, and construction of decelerationlacceleration are typical required transportation .improvements .that. are .paid by the developer. As properties at the Crossroads are rezoned and developed, transportation projects at the Crossroads will be completed. In addition, land must be reserved along road frontages for future transportation projects. One of the Transportation goals of Maintaining Rural Character in. Northwest Fulton County is for roads maintain their rural character, even. when changes to them are made..Road and bridge improvements not only provide for. safety and reasonable mobility, but contribute. to the rural character of the area. Transportation improvements are., designed in context with their setting. D. Fulton County Historic Resources.:S.utvey The: 1996 Historic. Resources Survey of North Fulton County and Sandy Springs identified several historic buildings in the Birmringham area and identified the Crossroads as a potential. historic district. The survey identified eight existing historic `resources in :and near the Birmingham Crossroads; three of these: are in the study area. The resource number,: name, address, and year of construction of the surveyed buildings are detailed below (See Map. 7 and Appendix B). While there may bel -other buildings that are. 50 years or older in the Birmingham Crossroads, they may have lost their architectural integrity. As. a. result,. they were not .included in the. survey. Birmingham: Crossroads .Plan (NFC 2003Z-0093) — March, 200.4 Page 13 ® BIRMINGHAM:CROSSROADS PLAN IM Fu -NF -1.05: ca. 1930' Birmingham United Methodist Church, 15770 Birmingham Highway Fu -NF -153: ca. 1880 Central. Hallway, 15790 Birmingham.Highway. Fu—NF-.165:. ca 1890's. gabled ell cottage; .1.5720 Birmingham Hwy. Fu:NF-166: ca 1840's central hallway, 15714 Birmingham. Hwy, currently planned to be used as a veterinary office Fu -NF -180: 1930 side gable cottage, 795 Hickory Flat Road Fu -NF -182: ca. 1870 Gothic Revival, Newton House for the "hotel"), 855 Hickory Flat Road Fu -NF -183: ca 1930 Craftsman style store, Buice Country Store, 850 Hickory Flat road. Fu -NF -185: ca.. 1938 William Gazaway House, 157.80 Birmingham Highway. Map 7: Birmingham Crossroads Historic Resources Several of these buildings may be eligible for the National Register of Historic Places (NRNP), the Nation's official list of historic buildings and sites worthy of preservation. Listing on the NRHP does not place any restrictions on Buildings.. These historic. resources contribute to the .rural Birmingham. Crossroads Plan (NFC 2003Z-0093) -- March, 2004 Page 14 ® BIRMINGHAM.CRQSSROADS PLAN Photo 1; The Newton House character.of Birmingham and sense of history. Their human scale and their placement close to the street contribute to making this area pedestrian oriented and form the framework for village type development. Information on the three.structures in the study area included below. The Newton House (FU -NF -I 82), ca.. 1.8705, is located a# 855 Hickory Flat Road. The mansard roof and multiple gables make this a unique house. It maintains `its integrity and appears to meetNational Register. eligibility. The house, used as a hotel and family home, is currently vacant.. According. to the Fulton County tax. records, the house is: 2,304 sq ft.. Photo 2.: B.uice's. Country. Store `Photo 3: Phillips-Mickier House Buice's Country Store. (aka Dockery's) (FU -NF -1:83) is located at .854 Hickory Flat Road. The building houses My Sister's gift. This Ca 1930's'. building is one of the. few commercial buildings in the Historic Resources Survey. It has Craftsman style elements and. appears to meet National Register eligibility. According to the Fulton County tax records, the store is 2,572 sq ft. The Phillips-Mickler House (FU -NF -163) is located at 15790 Birmingham Hwy. This ca 1890's: single family home was altered in :the 1930s, 1950s and 1990s. Nevertheless,. it. appears to meet National. Register eligibility. According to the Fulton. County tax records, the house is 1;1.00 sq ft. While Fulton County currently does not have a historic preservation ordinance or a plan, preparing. and adopting one is in the. Environment and .Community Development's Short Term Work Program. With a historic preservation ordinance, local governments have. the. ability to designate. buildings as historic and. require' review and comment on alterations and demolition of designated buildings. E.. Commercial and. Office Development Treads Commercial developments in suburban and rural areas have .many similar characteristics. Most of the commercial and office developments in Birmingham:Crossroads Plan (NFC 20032.00.93) — March, 2004 Page I5 ® BIRMINGHAM CROSSROADS PLAN suburban areas are generally one story and area automobile oriented. They have out parcels. close to the street; a large fields of parking in the. center and a large building to the rear with an anchor and smaller shops. In strip retail and office developments, many factors influence their form and appearance. Retail and office. developments have to be economically viable and responsive to rental rates, market demand, and tenants. If distinctive, community sensitive development was easy it. would occur more frequently on its own. Thus; as a result of research, interviews and work sessions, the challenges that face developing a unique. and compatible plan for the Birmingham Crossroads are as follows: Fortnulaic development generally becomes indistinguishable from other commercial uses throughout the region: a. Conventional commercial development .typically does not reflect the aesthetic vision of the local community. ® Strip commercial and office development are typically automobile.. oriented and.do not contribute much to a sense of community. ® Retail development, especially in transportation corridors, competes with its neighbors for the attention of passing traffic. ® Left to incremental development, .each property competes for regional traffic and the broadest market appeal typical of generic.. franchise development; 0. Strip commercial: uses can make adjacent residential uses and small scale commercial. anal office uses less desirable. i Stripdevelopment has the potential of expandingalong roads, beyond the scope of the initially planned development. 0.. Numerous curb. cuts, typical in a strip development, create the oppvrtunity.for many turning.movements. * Strip commercial developments can have -a short life expectancy and may be partially or fully vacant in a short time period. ® Strip commercial. developments generally .have limited access and connectivity to adjacent.uses. r In general, developers follow standard formulas for tenant mix with prototype designs that workin a very broad range of markets and settings. ® If left tothe. usual development approach,. -the .Birmingham Crossroads could become. a large conventional strip retail center, unless it is developed. following the vision, .policies and design., standards of this plan. F. Market Study Robert 'Charles Lesser and Company .(RCLC), RTKL and Fulton County E&CD analyzed and evaluated market. factors that could play a, role in the Birmingharn Crossroads Plan (NFC 20032-0093).— March, '2004 Page. 1,6 ® BIRMINGHAM CROSSROADS PLAN development of the Birmingham Crossroads. Robert Charles Lesser & Company (RCLC) conducted a market analysis for the Birmingham Civic Association in I999, now -the: Birmingham. Hopewell.Alliance (See. Appendix. C). The market analysis found that: a In 1399;. there was:a demand far. approximately 61,000 square feet of development at the Birmingham Crossroads. This. included. 15,50.0 square feet of combined. grocery, drug and alcohol retail. In addition; there was a demand for 7,400 square feet of office space. 0 By 2004; the total demand. was projected to reach. 8.1,000 square feet of multi -use space. This includes 20,600 square feet for grocery, drug, and alcohol retail. Office space demand would. increase to 8,500 square feet. When the community is completely built out at a projected population of 21,700, the total demand for commercial uses of the Birmingham Crossroads will be approximately 190,000 square feet. for commercial uses,. including about 49,000 square feet of combined grocery; drug and alcohol retail. For office the demand. will be 17;200 square feet for of primarily neighborhood. serving office space. Moreover, in. 1999 the existing market conditions found. that: 0 Existing retail centers in North Fulton had a solid retail market with high occupancy rates, 9G°/o, and healthy rents, 0 Area retail tenants are neighborhood serving; including grocery, drug stores, local services,,. video stores. etc. 0 Very little :office space exists in the vicinity of Birmingham,. with most offices. being smaller local service offices: ®. QtYlce centers: are. performing well. over all, averaging more than 95% occupancies with decent rental rates. 0 Most retail centers are 4 to. 6 miles from the Birmingham. Crossroads. There are 5 existing centers and four are under construction within 5 miles of the Birmingham Crossroads (additional grocery stores have been built since this 1.999 study). In addition to the demand analysis and the existing conditions, RCLC researched nine village centers ranging in size from 30,00.0..sf to 211,00 sf and located through out the country to understand the mix of uses, performance potential and critical. success factors. Some of the conclusions of the case studies are: 0 Most free 'standing villages have anchor .uses such as grocery 7 March, 2004 Page 17 Birmingham Crossroads Plan (NFL 2003ZwQQ93:} — ® BIRMINGHA. M.CROSSROADS PLAN ® . stores, movie theatres and other attractions to .that draw patrons to the center. ® Strong .architecture promoting the village theme is critical to establishing a unique: sense of place. 0. A major focal point, such as a natural area,. is important in establishing a sense of place. .0 Newer village centers are located. along main roads in more visible locations. The strongest performers have. every day convenience such as drug stores and dry cleaners. 0 Location of parking .is often on street. and to the rear of the building. ® The villages have retail,. some have office. and sortie have residential. Eight out of nine have. office space. The type of office uses in these developments included insurance agents, attorneys, and travel .agents,. dental and other medical offices. Given the low density zoning and lack of sewer availability; the market study assumes a village center that is "free standing" (i.e an anchored town center that is part. of a larger community) for the Birmingham Crossroads. RCL stated that this did not preclude an unanchored village. However, development of an unanchored village increases the risks associated with development. for developers and the surrounding community. - In the fall 2001., Fulton County Environment and Community Development staff discussed the . feasibility of developing a village type mixed-use center at the Binningham Crossroads with two developers,one local and one out-of-state. They estimated that: 'the Birmingham:. Crossroads could. currently absorb between 80,00.0 and 100,000 square feet of development. Developments could have both retail and . off ce. Initially, most of the development would be in one or two corners_ In their estimation (provided verbally),. the total square feet of development at the Crossroads could increase. and maybe double in the future in the long, term. In their opinion, due to. Comprehensive Plan and infrastructure constraints, the village center would not expand. beyond the Crossroads. However, there should be mechanisms to allow the village to expand somewhat.in the long term, beyond the initial 100,000 square feet. If it doesn't groin and the. center is. too small, it may not survive. This could result in difficulties in keeping buildings at the Crossroads occupied. In their opinion, design standards would not have an adverse effect on the: success of a .development. Birmingham Crossroads .Plan (NFC 200Z-0093) — March, 2004 Page 18 ® BIRMINGHAM CROSSROADS PLAN According to RTKL, even though there: is not. enough demand to support a grocery store, a large national grocery store would locate at the Birmingham Crossroads. RTKL stated that grocery store business is highly competitive. Often, their business strategy is regional in scope and they will, at strategic locations, develbp a store in order to secure a market. in addition, the grocery store industryis evolving and they are beginning to explore new grocery/market formats that require smaller buildings. They are currently being placed in urban and older suburban locations. Some of these: smaller stores work in tandem with larger groceries. where the smaller store serves the over flow of the larger store. Customers who want a few items shop at the smaller, more convenient store. Such a. store - , would comply with the 25,000 square feet building footprint limit and serve as a convenience to the surrounding community. G. Econornics.of Developme* Robert Charles Lesser identified several characteristics of retail village centers as Seaside, FL, Haile Village, FL and Sycamore Square, VA. They found that mostconsumers prefer village type development, but village type developments are vulnerable to competition from conventional strip centers. Even though village retail centers serve the local community, -.. support from outside. of the immediatearea may be. necessary to provide sufficient market support. Village centers include a mix of tenants with the: smaller ones tieing local w . tenants and the larger ones being national retailers. Unfamiliarity of I enders and tenants in village type development increases the risk of development. The lack of an anchor increases the risk further. An anchor or an. attraction. must generate sufficient market to support the village.. The operating costs are higher due to.higher finish levels of the buildings and maintenance of multiple. buildings. High visibility and good rents justify the increased costs. III. Planning Process The :planning process .of the Birmingham Plan started in May 2001. The planning process used in this study.focused on understanding the existing conditions of the Birmingham Crossroads; the role .the Birmingham Crossroads..could play as the communitys center and identifying: potential opportunities and constraints within the study area. Taking these into consideration as well as public. involvement, the. vision,. policies, development concepts; development standards and land use recommendations were formulated. Birmingham Crossroads Plan (NFC 20032-0o93) --.March, 2004 Page is LJ BIRMINGHAM CROSSROADS .PLAN Public involvement was an important 'component of the process. Three main interests were involved in the process. The residents/homeowners, concerned with the preservation of the: rural lifestyle; the property owners at the crossroads, concerned with the preservation of property values and the ability to develop their property, and developers who were interested in building successful and viable retail centers. The planning process and the plan recommendations strove to find a balance. Between these competing interests. To facilitate the planning .process for the Birmingham Crossroads,, Fulton County created a diverse group of stakeholders, representing various. interests in the future of the study area. This. group included adjacent property- owners, Birmingham residents, the Little River. Valley Association, .developers, Birmingham Hopewell. Alliance {BHA),. and the Heritage' Preservation Advisory Board (HPAB). More specifically, the stakeholder representatives were:. Terry Herr Doug McCurry David/Louise Mickler Amy Patterson George Ragsdale Chuck Shealy Thomas . Statham Ben/Linda Statham :canis Tow John Wolfe/ Ben Bass Architect. /HPAB/ Hopewell. resident; Birmingham resident l adjacent land owner Resident & commercial property owner Commercial property owner /developer Birmingham area resident Commercial property: developer Commercial property .owner/developer Li tttle River Valley.AssocBHA Resident & commercial property owner Birmingham United Methodist. Church Meetings with the stakeholder group were held to kick-off the .planning process (May 16,. 200.1), to review and discuss planning concepts (June I and August 13, 2001), to review and discuss a community survey and a market study (January 24, 2002), to review and discuss the draft. pian. (February 1.1, 2002) to review development 'standards and the plan recommendations (February 26, 2002) and to discuss the plan recommendations:(Mayl2; 2003): In. addition one-on-one work. sessions With individual property :owners; developers .and Birrhinghain: residents were held. Taking into account the vision statements made and comments received during these meetings and work sessions, a series. of planning. concepts were prepared.. These included fundamental design the for the layout of the transportation network., greenspaces, buildings and.parking location. Birmingham Crossroads Plan (NFC 20032-0093) -- March, 2004 Page ,2[3 ® BIRMINGHAM CROSSROADS PLAN IN A community work session was held on August 30, 2001 to provide an overview of .the. planning process and to review concept plans. Those in attendance divided into groups to discuss three plan alternatives. They were also asked to complete a. survey. The work. session and survey provided a formal opportunity for. discussion and community feedback (See Section B. Concept Plans and Community Workshop and Appendix D for the survey summary). Taking into consideration the existing conditions and issues, community comments, and current planning practices; this plan document and a set of development standards for the Birmingham Crossroads were prepared. A. second.. community meeting. was held on March 26,:2002 to review and obtain comments on the: draft of the Birmingham Crossroads. Plan. A. community meeting was held on June 24, 2003 and Ari .open house was. held on July 8, 2003. This plan was presented to the Community Zoning Board. on July 15, 2003. At their August 6, 2003 meeting, the Board of Commissioners. deferred the plan in order to. allow a steering: committee, .representing adjacent landowners, developers, community residents, the Birmingham. Hopewell Alliance to be formed and to address issues related to the plan document. The issues addressed were neighborhood node, septic field and buffer. location, containment, historic preservation incentives, Land Use Recommendations and Comprehensive Plan Policies. Moreover, the BOC. directed staff to prepare. design .standards particular to the Birmingham Crossroads. The Steering Committee members were: Doug McCurry Birmingham resident 1 adjacent land owner Bill Loughery Birmingham Hopewell Alliance Buddy Miller Adjacent property owner Paul Moore Birmingham. Hopewell Alliance Boll .& Associates Commercial property ownersldevelapers Alex Paulson Architect, NW Design Review Board George Ragsdale Birmingham area resident Beth Radke Birmingham area resident Mike Sizemore Architect: Thomas .Statham Commercial property owner/developer Janis Tow Commercial property owner Eric Johansen Engineer/land planner Julie. Zahner Bailey Birmingham Hopewell. Alliance A. Summary.of Stakeholder Interviews Birmingham Crossroads .Plan (NFC 2003Z-0093) -- March, 2004 Page 2,1 ® BIRMINGH,A.M CROSSROADS PLAN Interviews with twenty four property owners and. stakeholders from the Birmingham area were conducted. The interviews were .informal and, in. general, followed a similar course which included discussion of their vision for the development, their desired distribution of uses over the Crossroads, their preferred character and desired tenant mix. Issues of traffic, envir6pinent, . irriplementation .schedule; existing development and potential market opportunities were also discussed. Individuals interviewed include: Roy W & Louis C Mickler -Property Owners Janise Tow -Property .Owner James W. Bell - Property Owner, resident; developer Charles C. Dinsmore Property Owner (Phone Interview) Chuck Shealy - Developer Nathan Bonham - Builder, Hickory Mills Tom. Statham = Commercial property owner 1 developer Mr. & Mrs. Hemingway - Residents Hickory Flat Road Doug McCurry Birmingham resident, adjacent. property. owner Mr. & Mrs. Allen - Residents Freemanville Road Reverend Wolf & Birmingham Methodist Church Planning Committee Mr. Patell - Property owner - Texaco Station Mr. Ragghianti - Commercial property.owner (phone interview) Leslie. Fix - Resident - Hickory Flat Road Ben. Statham - Resident and Little. River Valley :Association Jeff Carbonara - Developer ----.Hickory Hills H,. Lee Johnson - Builder, Hickory. Hills Ann.O' Sullivan - Residential Real Estate — Hickory Mills George Ragsdale - Resident .Julie Z. Bailey -Birmingham. Hopewell Alliance, Resident Lew Oliver - Architect Within the interviews there was general consensus on several issues. Each. agreed that development. within the Birmingham Crossroads Study Area was inevitable. Thus, the common concern was what kind of development .should occur. Most agreed that development should not follow the. precedent of typical strip retail patterns found in the Atlanta region :but rather be distinctive and compatible to Northwest Fulton. All agreed that the neve development should respect the rural setting and have .a village character, New buildings should. reflect.. the. local heritage and historic architectural vernacular. Also development should be contained to the crossroads. Development should not endanger the natural environment and Birmingham Crossroads Plan (NFC.2003Z-0093) — March, 20174 Page 22 ® BIRMINGHAM CROSSROADS PLAN development should be contained and not allowed to grow beyond the crossroads. area. Concepts for linking to hiking, biking and possibly. equestrian trails, as well as the: County Park. and Birmingham Methodist Sanctuary, were expressed. A common concern was raised for future improvements to Birmingham Highway [Route 372) and Birmingham Road. Increased traffic, especially from Cherokee County through New Bull Pen Road, would require increases in the number of travel and turning. lanes.. This increase in both traffic volume and road dimensions would threaten the rural pedestrian setting. Additionally, there was agreement on issues of uses and tenant mix. -, Everyonethought that on&. gas station was enough. There was consent in favor for. uses such as restaurants, ice cream shop, book store and service uses including cleaners, Hardware; floral;. mail boxes, etc. An opportunity for a market use was expressed, although there was disagreement Between those who want a full size grocery store and. those who preferred a.smaller scale market. All agree that auto. service. uses such as tire 1 battery stores and auto parts retailers. are inappropriate for the Crossroads. In addition to retail uses, small start—up or professional offices such as doctor, dentist or veterinarian spaces were considered appropriate and Gould possibly be located in a.second floor level. Areas of disagreement also included the maximum size of the total Crossroads development: Some preferred to maintain development 'to 100,000 sf maximum (for both office and commercial uses)while others favored a larger sized .development: Several of the. property owners suggested that if properly implemented drive=thru uses would fit into the proposed village character. Others in the community were soundly against drive-thru. uses especially nationally franchised eatery uses. Those. in the development community cautioned: that. new development and. higher land costs requirehigher rent structures that. would preclude uses found :in older .(historic). centers 'including arts and crafts, antiques, etc. The vision of "Mom and Pop" businesses was economically not a possibility according -to the developers. The viability of septic, systems to serve the proposed development was also questioned. There was individual. interest in exploring professional office and residential uses within the development, but disagreement whether this was included as. part of the.. 100,000 sf development total. Birmingham Crossroads Plan (NFC 20032-0.093). -- March, 2004 Page 23 ® BIRMINGHAM CROSSROADS PLAN ®. B. Concept Plan and. Community Workshop Three villageconcepts were prepared by RTKL based on the information collected from the: interviews and the. stakeholder meetings. Fulton County, working with developers, the stakeholder committee and community members utilized these plans as a. point to a plan for the Birmingham Crossroads. Scheme A (Map 8) contained. elements that community expressed support for. It contained 100,040 sf.of space;. it did not have an anchor and the building sizes ranged from 5,000 to 15.;000 'square feet. Scheme.B (Map h . 9} contained elements that developers 'interested in developing in Birmingham stated were needed to: have a successful commercial development. It included. 202,904 sf of space and two 40,000 square.feet. sized anchor buildings. Scheme C (Map 10), had 138;000 sf of space and two 25,044 sf anchors. The three village concepts had similar characte3ristics. They had: w An internal road system that connected. all four corers, • A village green uniting the NE and SE corners, • Buildings oriented to existing streets and the internal streets, • Mostly small scaled individual buildings,: • Parking divided into small fields to the side and rear of buildings, • Septic systems located around the commercial and office. developments,. and • All developments extended beyond the 13.3 acres zoned Community Business (C-1) and the 1.8 acres zoned Light Industrial (M-1) (1.5.1 acres total' zoned). and the 15 :acres designated as. Retail and Services and. the. 1.6 acres designated as Industrial in the. 2015 Land Use Map (16.6 acres total designated). Some of the differences between the threeconcepts were: • The total size. of development, • The size of the village green, • Schemes A & C indicated the preservation of historic resources, .Development on the NE and S.E corners was greater in B and C, Schemes B and C had anchor stores,. and • The size of the anchor varied. Birmingham Crossroads Plan (NFC 2003Z-0093) — March, 2004 Page 24 ® BIRMINGHAM CROSSROADS PLAN Birmingham. Crossroads Plan (NFC 20032-00.93)--=March,.2004 Page 25 Vey - 1 Al'!. � _ a al v v ❑ td�r alON. ► Birmingham. Crossroads Plan (NFC 20032-00.93)--=March,.2004 Page 25 r �saa� NEv'f (ttT1ULSE3:'aCES Z1.{W 6F TOTAL AREA 27,WO SF P 5. Q a 4 Sic �. BIRMINGHAM CROSSROADS PLAN , AEEAL 7% -SF TDTe AREA75,OMSF ■ iF'!r l�j3s.'33'?Ia`;£��7+©m�. 0111*, y4�J�����!; y -z Va� { 9Feii,�a c a Eel' ®�r '�IE3 !4 n - - 00 • Map. 9: Scheme B Birmingham Crossroads Plan (NFC 24032-0093) — March, 2004 El u.PAF W-bfla58P AWJNG RAMS AIL• a r�s.i saoo of STAIa Wir: 15 CAR$ 11000 Si LEGENOe E ST. NEW BUDO at= UN T6 J7EIGKUOF NOCE HUFFM9 Eprur Page 26 BIRMINGHAM CROSSROADS PLAN E10S11W68U0.fl�GS$SLa SF � NEW RETNLSfehCE84ti_f069F NQ'M RET11L55RYiLE3 1l,90CSF .� . / F I , � t�'�??.000.f1AI iwf . TOTAL AREA 25XW SF TOTAL RREA 41.100SF r7 O Birmingham Crossroads - Scheme Q 138,000:SF _ Jn%L North West Fulton C&inty s October 20 Map 10.. Scheme C. At an August 31, 2001 community meeting, those in attendance formed small groups to discuss the three concepts. In addition, approximately 100 attendees: completed a. surveyon the. schemes. Some of the results.. of the survey areincluded below, while the .complete summary is included in. the Appendix D. 0 The overwhelming majority (951/6) supported thevillage character, open .space and public areas (89%) and, a sidewalk network (82%). 0 Many wanted to slow down traffic speed and volume by having a speed limit that is less than. 35 mph. (87%),. by using land use controls and, traffic calming. For traffic controls, their preference was to have the. least intrusive mechanisms., such as stop signs. 4 The majority felt that it. is very important, to have a village: green (84%) and, to maintain trees and. native vegetation (77%) and to preserve historic resources (58%). a The majority (79%) preferred Scheme A (100,000 sf) as well as its development size, layout and small building sizes. Birmingham Crossroads Plan (NFC 20032-0093) — March, 2004 Page ?7 -_ ■ C "j �®� A�i� �L: �D�-1' "-��j Jar y J o• rft jsy rpte�}y r.- o • 01i1 of W. � 'i�', h -f Icy"'��%G�141 `' 4ay.Q / E10S11W68U0.fl�GS$SLa SF � NEW RETNLSfehCE84ti_f069F NQ'M RET11L55RYiLE3 1l,90CSF .� . / F I , � t�'�??.000.f1AI iwf . TOTAL AREA 25XW SF TOTAL RREA 41.100SF r7 O Birmingham Crossroads - Scheme Q 138,000:SF _ Jn%L North West Fulton C&inty s October 20 Map 10.. Scheme C. At an August 31, 2001 community meeting, those in attendance formed small groups to discuss the three concepts. In addition, approximately 100 attendees: completed a. surveyon the. schemes. Some of the results.. of the survey areincluded below, while the .complete summary is included in. the Appendix D. 0 The overwhelming majority (951/6) supported thevillage character, open .space and public areas (89%) and, a sidewalk network (82%). 0 Many wanted to slow down traffic speed and volume by having a speed limit that is less than. 35 mph. (87%),. by using land use controls and, traffic calming. For traffic controls, their preference was to have the. least intrusive mechanisms., such as stop signs. 4 The majority felt that it. is very important, to have a village: green (84%) and, to maintain trees and. native vegetation (77%) and to preserve historic resources (58%). a The majority (79%) preferred Scheme A (100,000 sf) as well as its development size, layout and small building sizes. Birmingham Crossroads Plan (NFC 20032-0093) — March, 2004 Page ?7 ® BIRMINGHAM CROSSRO ADS PLAN ® Over 50% at least supported somewhat the :planning process. ® The top preferences for tenants at the Birmingham Crossroads Were 'small retailers, a small grocery store and agricultural and equestrian.related stores. N. Proposed Plan and Recommendations A. Vision Community input has. been sought through community meetings and preference surveys on the type of development and services desired for the Crossroads. The majority were. not opposed to development but favored a planned village type development. This Plan proposes village type development at the Birmingham Crossroads. This development will have a mix- of retail, office, and community uses in a pedestrian oriented environment that has a strong a. sense of place and is enhanced with amenities. The preservation of historic resources and their .incorporationinto developments will be encouraged. There will be a variety of building sizes from.smail. scale to 25,000 sq ft. The proposed plan. offers an alternative to typical commercial strip developments. It proposes creating a development. that provides. shopping and services for the local neighborhood and:provides a sense of place for t to community by developing in a village type pattern. The plan strives to. create a development. that will be vibrant: long after the initial notoriety fades. Years from now, the Birmingham Crossroads will. be a place that continues to foster investment. It will. be a place where people continue to. receive goods and services at a neighborhood level and it will serve as the community's center. The..Birmingham Crossroads. will be characterized by internal streets, a viable pedestrian circulation. system, small. parking fields, small scaled buildings, a village green, contained development, historic resources and design standards (See Map 1.1). Birmingham Crossroads Plan (NFC.2003Z-0093) —:March, .2004 Page z ® BIRMINGHAM CROSSROADS PLAN Master Plan Goa.k.and.Concepts Nelghborhood./ Commu"lty Center Pedestrian freindly:Realm Traffic .Calming D(stinctive Village..Characser Contained Development E Development Standards. Sustainable development Village Green as Organizing Element impact of Streets and Parking le Imp*L T , BIrminnham.NoTtft west Foston count Map 11: Village Elements }�fdILDI]�5 C MF4)Af4TTY (;FK:29 Internal .Streets and Streetsca e - The introduction of .internal streets, parkingrequirements and streetscape elements are necessary to have pedestrian oriented development. The pedestrian oriented streets will.have on street parking, sidewalks, planting areas. for street trees; lighting and, street. furniture. These streets have a 56 feet wide cross-section, wider than typical retail: center interior streets .(see Transportation Recommendations for additional iniformation). Moreover, development will be oriented towards Birmingham Road and Hickory Flat -road and to a lesser extent Birmingham Highway. This will allow .pedestrian oriented improvements and .developments. on county roads. Small Parkin Lots - Parking: will be divided into small fields. Locating parking lots. behind. and to the side of buildings and dividing. lots into smaller areas reduces the visual impact of parking. Parking lot landscaping shall meet the standards of the Fulton County Zoning Resolution.: When Birmingham Crossroads Plan (NFC 20032 0093}—.March, .2004 Page .29 ® BIRMINGHAM CROSSROADS PLAN the landscaping reaches maturity,, approximately 50% of the parking lot will be in the shade (see Design. Standards and guidelines.. for more information). Open Space and Village _ The plan calls for a village green to create a retail development. that also serves a civic: purpose and has major focal point. Instead of locating the village along. Birmingham Highway, with its pote. tially large roadway geometry, high speed and traffic volume, the plan: identifies a urger village green on the NE and SE parcels. The green will become the central organizing feature for the total development.. Moreover, the village. green will link the north and south side of Birmingham Road. The village green in the concept plan is 50 feet wide and 200 to 250 feet in length. The village green in each quadrant shall be 1.3,000 square feet. Landscaping strips would also be located along roads, around. buildings and in parking. lots. Moreover, a minimum of 10% of open. space shall be. set. aside in each overall development. This shall. riot include septic f elds, detention facilities or landscape islands. To the extent possible, the open space should be clustered as one single open space. The Northwest Quadrant should include an entrance to the Birmingham Park, as illustrated in the Conceptual Pian (Map 13). Additional entrances to the Park should be included to the extent possible.. Building Types - .Instead of having large linear... buildings,. this plan proposes smaller individual. buildings. The small invidual buildings give the development a rural village feel and may require more land (see Design standards for more. information). Containment: Development at. the Birmingham Crossroads will be contained by the location of septic fields: at the perimeter of the commercial and office development. Buffers, from 50 (for sites less than four acres) to 75 (for sites. greater than four acres) feet wide and located around the septic fields, will also contain the development. Placement .of buffers in a conservation easement will further ensure the containment of a development. Existing uses and buildings such as the Birmingham Park, the transformer station, the Birmingham United Methodist Church will further contain the development at. the: crossroads. Finally,. the proposed Retain & Services .land use designation of parcels, totaling 21.1 acres, in the Land Use. Map. will limit.the.location of commercial and office developments. Birmingham Crossroads. Plan (NFC 20032-0093.) --- March, 2004 Page 30 ® BIRMINGHAM CROSSROADS PLAN Detention Facilities: Detention facilities that have a naturalistic design and. grade and that serve as an amenity to a development should be built (this type of design is. encouraged in. the Fulton County Development .Regulations). Detention facilities that are natural in. appearance could be located outside of any commercially zoned land. Historic Resources:. Historic resources; identified in the.. 1995 Historic Resources Survey should be rehabilitated and reused for office, .commercial or civic purposes. Design Standards: Building design and site plan layout :is important in establishing village type :development. Development standards are recommended in Section V. Neighborhood Node: The plan is consistent with the neighborhood node definition. The plan calls for development. of 100,000 sf of commercial uses and .100,000 sf of office uses. The development will be distributed on all four corners. In. the Birminghamr Crossroads, the neighborhood node has established boundaries, This Boundary is the same. as the Retail. & Services .designation in the 2015 Land Use Map_ The plan does not recommend any the Schemes presented at the August 2001 workshop: Instead the plan. recommends the. design elements found. in all three schemes. Map 1;2 (Scheme C) illustrates the concepts proposed in this. plan. Although many Birmingham areas residents preferred Scheme A, E&CD staff is not recommending any of the Schemes. Scheme A contains an unanchored. 100,000 square feet village. The market study concluded that. an unanchored. village would be risky to develop. Without an anchor, not enough patrons may be drawn to center to support the businesses there. To make Scheme A possible, the Building sizes .would have to range from 5,400 to 1.5,000 square feet, Fulton County Zoning Resolution limits building size to 25,000 square feet and will no be able to enforce smaller building sizes. a. Scheme :B .is not recommended either. This. Scheme shows two anchors, each consisting. of 40,000 square feet. This size is larger than the maximum 25,00.0 square feet building size. In addition, the large building size, massing and foot print make it inconsistent. with the village type �. development. Birmingham Crossroads Plan (NFC 2003Z-00.93) — March, 2004 Page 3•I. A U El N M' E BIRMINGHAM CROSSROADS PLAN B. Proposed 2015 Land Use Plan Amendment This Plan and its development standards describe developments. that. exceed elements found in a. many retail centers, such as village green, streetscape and roadway improvements; small parking fields and small scaled buildings.The 16.6 acres designated as: Retail and. Services and Light Industrial in the 2015 Land Use Map do not provide adequate space for the proposed village development, as illustrated in Map 13. Map. 13: Concept Plan and 2015Land .Use. Plan In order to implement the vision; goals and concepts of a village type.: development additional. land is required (see `Map. 14): Therefore, an amendment to the 2015 Lanai Use Map is recommended. The. pian. recommends increasing the 15 acres designated as Retail and Services and the 1.6 acres designated as Industrial in the 2.015 Land Use Plan to 27.1 acres to be designated as. Retail and Services. The Plan also recommends. Birmingham Crossroads Plan (NFC 20.032-0093) --- March, 2004 Page 33 ® BIRMINGHAM CROSSROADS PLAN increasing Park, Recreation & Conservation land use to 203 acres to be consistent. with the land purchased for the Birmingham Park and cedes gnating the 6.6 acres of the old Birmingham Park to Agricultural. The Plan recommends increasing . the land. designated as Retail :and Services on the east. side of the crossroads, where the larger village green is where. additional. development is recommended. The proposed amendment is. shown in Map 15 and in Table 2. Map 1.4; Conceptual Plan. and.proposed 20.1.5 .Land Use Amendment Birmingham Crossroads Pian (NFC 20032-0093) —March, 2004. Page 34 N BIRMINGHAM CROSSROADS PLAN E BIRMINGHAM CROSSROADS Proposed Amendment to the 2015 Land Use Map © Ag ric u I lure 1, Forestry, & Mining Retail & Servi00 - 27A acres Parks, Recreation & Conservation - 203.6 acres Proposed acres of Retail and Services Desingat!on per Quadrant N NW 5.7 SW 44 NE 8.5 500 0 500 Peet SE 8.5 Total 27.1 Map 15: Proposed 2015 Land Use Map Amendment Birmingham Crossroads Plan (NFC 20032-0093) -- March, 2004 Page 35 ® BIRMINGHAM CROSSROADS PLAN Table -2: Proposed 2015: Land Use Map Ainendment. Quadrant Existing.Zoning in Acres. 2015.Land.Use Plan - Existing. Designations in Acres Proposed 21i15'Land.Use Plan ---New Designations in Acres C-1 M-.1 Commercial Industrial PRC* Commerpial PRC Agricultural Northwest 3.6 5.9 79 .5.3 2o3.6** Southwest 4,2* 319* 6.6 4,4* 6.6 Northeast 3:0 3 8.5 Southeast 2.5 1.80 2,2 1.6 8.5 Total 13.3 1.$ 15 1.6 85.65 27.1 203.6 6.5 PRL' is. Parks.Recreation and Comervation * This includes 0,97 acres zoned commercial and owned by Birmingham United.Methodist Church. �* The 2016 acres designated as PRC in the NW corner is. the. land :for the planned Birmingham.` Park C: Septic Field and Containment. Commercial and office development will be contained by septic fields and buffers that will be located at the periphery of the development in each quadrant. The majority of the septic fields will be located outside. of the 27.1 acres proposed to be designated as Retail and Services in the 2015 Land Use Map..However, some of the septic fields may be located within area designated as -Retail and Services. State regulation requires a building and its septic field have the. same ownership. If an out -parcel for ,a development is sold, then the septic systems for the: out -parcel has to be located adjacent to it and not in a common septic field. The. land used for septicsystemssystems andbuffers atthe perimeter of the Crossroads will. have to be rezoned Agricultural (AG -l) with co.nditio.us. The zoning conditions willlimit use of the land to a septic field and buffers to prevent future development on that parcel. The Health Department does not allow conservation easements to be placed on a septic field. However, buffers may be placed in a conservation. easement to ensure containment ❑f development. The approximate square feet of buffers and septic fields that will be located outside of the land designated for Retail and. Services is show in Table 3. Birmingham Crossroads Plan (NFC. 20032-4093) — March, 2004 Page 36 BIRMINGHAM CROSSROADS. PLAN V Table 3; Approximate.Square Feet. of Buffers. and. Septic per Quadrant Quadrant Septic Field Size (s.f) Buffer Size (s.f) Total (s,f NW 26;890 (0:61 a),_ 31,875 (0.73 a) 58;762 (1.34 a) SW .34,990 (0.80a) 23,750 (0.54 a): 58,740.(1.3.4 a) NE 56,893 (1.30 a) 81;750 (L87 a) 138,673 (3.17 a SE .56;893 (1.30 a) 45,750 1.05 a} 102;643 (2:35 a) D. Neighborhood Node Policy As mentioned in the. Existing Condition section, the Birmingham Crossroads: is designated as a Neighborhood Node. The Fulton County` Comprehensive Plan defines a. Neighborhood. Node as anode that: "'consists of up to .100;000 square feet of retail and service uses and office uses.. not to exceed 20,000 square feet per acre with a maximum of 100,400 square feet in total office uses. Minor arterials and. collectors are appropriate. for neighborhood commercial. Residential development in the neighborhood node should not exceed five units per acre', This Comprehensive 'Plan amendment recommends maintaining the neighborhood node designation of the Birmingham Crossroads. In. the. Birmingham Crossroads, the neighborhood node has established boundaries. This boundary is the same as the Retail & Services designation in the 26 15 Land Use Map: Residential development at the Birmingham. Crossroads above I unit per acre is unlikely: within this neighborhood node given the Fulton. County Health Department regulations that require one acre of usable land for a septic system. serving. a single family home.. The amount of square feet of office and commercial development that could potentially be built in each quadrant was estimated taking. into consideration the proposed land use amendment and the ability to .locate the septic. field and buffer in AG -1 zoned land. The Neighborhood Node designation is a policy guide for Fulton County when evaluating zoning applications:.and not a regulation. Table 4- Conceptual Office and Commercial Square Feet per Quadrant Quadrant Acres Office (sf) Commercial (sf). Total NW 5:9 15,000 15,000. 30,000 SW 4,4 15;000 .39,004. 34,000 NE 8.5 35;000 .33,000 68,000 SE 8.5 35,000 33,006 .68,000 .Birmingham Crossroads Plan (NFC 20032-0093).— March, 2004 Page 37 El BIRMINGHAM CROSSROADS PLAN Total 127.3 1100,000 1 100,000.200;000 E. Conceptual Size Development: per Quadrant Many factors influence the size and shape of development. at the Birmingham Crossroads. Storm water detention. facilities,. required transportation improvements (such as right-of-way dedications, deceleration lanes, bike paths, sidewalks etc.), zoning requirements for. buffers and parking, Northwest Fulton Overlay requirements for setbacks and. building size and this plan's recommendations: for an internal road system all play a role in determining the size and of development. The estimated size of development. per quadrant is shown in Table 5. Additional elements that could snake the footprint of a development larger or smaller that were not included in the above .calculations .are a Restaurant uses--- additional parking requirement. (10 per 1000 sf) 0. Outdoor seating areas 0 Setback from internal roads ® Separation between buildings ® Out -parcel septic fields: .a Reduced parking (10% reduction required in the Birmingham Overlay) ® Two story. buildings Construction of two story buildings may be limited for several reasons. Two story buildings are more expensive to build. The rents on the second ' This .does not . imply that development can extend beyond the acres designated as Retail & Services, except for. the .septic, stormwater and buffer.: Birmingham Crossroads Plan (NFC. 20032-0093) = March, 2004 Page 38 Table 5: Size: of Devele ment p e Quadrant NW Quadrant 5.9. a (257;004 sf) SW Quadrant 4.4 a (191,664. sf) NE Quadrant. 8.5. a (370,260 s SE Quadrant 8,5 a (370,260 sf) Total. Buffer 49;135 491135 Storm Water. 49,125 28,750. 55,539 55,539 188,453 Trans ortation 23,579 20,531 32,289. 29,781 106,180 Building set back 20,400. 16,200 15,400 26,200 78,200 Building footprint 30,004 34,000 68,000 68;000 200,000 Parking 35,3.40-12.0.s aces 41,148-140.s aces 79,556-270 s aces 79,556-.270 s aces 235,600 Parking landscaping 9,45.0 107980 21,330 21.,330 63.,000 Internal Road 30,800 32,200 43,960 35,000 141,600 Village Green 9,040 6,700 13;040 13,000 41,700 Total 25.6;8.29 1.90;419 329,074 .331,0.06 1,104;728 Additional elements that could snake the footprint of a development larger or smaller that were not included in the above .calculations .are a Restaurant uses--- additional parking requirement. (10 per 1000 sf) 0. Outdoor seating areas 0 Setback from internal roads ® Separation between buildings ® Out -parcel septic fields: .a Reduced parking (10% reduction required in the Birmingham Overlay) ® Two story. buildings Construction of two story buildings may be limited for several reasons. Two story buildings are more expensive to build. The rents on the second ' This .does not . imply that development can extend beyond the acres designated as Retail & Services, except for. the .septic, stormwater and buffer.: Birmingham Crossroads Plan (NFC. 20032-0093) = March, 2004 Page 38 ® BIRMINGHAM. CROSSROADS PLAN story are often.less than rents on the first story. Two story retail and office. buildings are more common in more densely developed areas. F. Historic Preservation Incentives Four buildings over 50 years old ate located at the Birmingham. Crossroads. The Newton House, ca. 1870s, is 2,304 sq ft. Buice's.Country Store.(aka Dockery's).is Ca is 2,672 sq ft. The. Phillips-Mickler House ca 1890's is 1.,100 sq ft and the Gin Building on the SW corner of Birmingham Hwy and Hickory Flat Road. These buildings. are .not designated by Fulton:. County as. historic and. therefore do not have any protection against. demolition. The .Historic Resources survey identified them to be in fair to poor. condition. They will. need substantial investment to rehabilitate and to convert them. to non- residential use. To promote their preservation; this plan recommends providing incentives. These are,- To re: To increase the amount of commercial use or office use recommended for each quadrant equal to the size of the building. ® To. increase the land designated as Retail & .Services to reflect the size of the historic building and for the required parking (i.e.. an increase in the 2713 :acres of Retail & Services). This would equal to 17,077 square feet. The incentive per structure would be: Newtown House 6,474 sf (2,304 sf for the building and 3.,653sf for .parking Buice's -- 7,.5.10 :sf (2;672 sf for. the building and 4,353 sf far parking. Phillips-Mickler House--- 3,0.93 sf (1,100 sf for the building and 1;792 sf for the Parking). G. Transportation Recammendations The transportation system is an integral component in creating a pedestrian oriented village type environment. The goals. and design guidelines for the transportation network are described below. Increased traffic 'volume is anticipated :as the region around the Birmingham Crossroads: grows. Long term issues of public road improvements include access (number and location of curb cuts), traffic Birmingham Crossroads Plan. (NFC.2003Z-0093) —.March, 2004 :Page 39 ® BIRMINGHAM CROSSROADS PLAN speed and volume,. roadway . dimensions and building setback. requirements. The approach of creating a pedestrian. oriented Crossroads with a community center (village green) located away from the Hickory Flat Road/Birmingham. Road and Birmingham Highway intersection. addresses traffic conflicts. However; the separation of the four comers, in the. long. term, may become an issue. Some of the issues that will need to be addressed are detailed below. Existing Roads- The existing roads at the Crossroads are presently two- lane rural roads.. They are beginning to feel the pressure of increased. traffic. The pian proposes that the rural character of these. roads is to remain. The Birmingham Crossroads will have a village character of limited building setbacks and buildings facing onto the streets. Treatment of these roads at the Birmingham Crossroads should include: narrow travel. lanes - I0 to I I feet. wide, parallel on -street parking. when possible (this may be difficult on Birmingham Hwy, a state road, but possible on Birmingham.Road and Hickory Flat Road), a 6 feet wide landscape strip, 6 to S feet wide sidewalks, and street furniture. This design will create an attractive, inviting setting for pedestrian activity (see Figure 1).. Additional lanes and turning lanes that may be required as a result of .development at the Crossroads should be as narrow as possible. in addition, elements. that facilitate crossing. of the road by pedestrians should be included. Bulb outs at intersections should be considered `to facilitate street crossing. Exis ft Roadway Section sTREET SECTIONS BIRMINGHAM CROSSROADS. 1fl'f `Figure 1: Existing Road Cross Section Birmingham Crossroads. Plan (NFC 20d3Z-0093) — March,. 2004 Page 40 ® BIRMINGHAM CROSSROADS PLAN With increase in development .and population growth .in north Fulton County and Cherokee County, modifications to these existing roads may be made to 'improve capacity and maintain traffic efficiency. However; to the extent possible, if road widenings will occur; they should occur outside of the Crossroads. Any road improvements should consider design standards that are compatible with the rural character of the area, Fulton County's efforts to maintain this character: and efforts to encourage pedestrian movement at the crossroads. If the Georgia Department of Transportation undertakes improvements on this state road, Fulton. County Public Works and E&CD Departments should work with. GDGT to ensure. the road design at the Birmingham Crossroads is compatible with pedestrian oriented development. Birmin hg am Highway_{SR 3.7;1 -.The traffic and road geometry within the center should be kept at a volume and speed appropriate for pedestrian movement. Without context sensitive design of the roadways, the center risks becoming a divided four -corner solution. Impiernentation of design measures. to .reduce traffic speed is an important. part of a long-term development strategy. New Bullpen Road- This road has become a traffic carrier from Cherokee County moving through the Birmingham Crossroads then east on Birmingham Road. This thru traffic should be directed around the crossroads. Hickory Flat./ Birmingham Road - These are local. roads serving east -west traffic. Travel speeds along these roads will. be reduced by the use of on street parking, textured paving, 14-1.1 feet travel lanes: and location of buildings close to the street. Internal Road System- Instead of having multiple curb cuts, this plan calls: for an internal road system that has one entry point per road frontage. This comprehensive approach. will. reduce the: number of access points required along Hickory Flat. Road, Birmingham Road and Birmingham Highway (SR. 372). Internal roads will unify the multiple properties, parking and. the transportation network and physically unite the four corners into one cohesive development. Interior roads. will facilitate locating buildings throughout each quadrant of the intersection- while concentrating development primarily along Hickory Flat and Birmingham Roads. The internal streets will be separated from the parking lots and they will have the same components as the exterior street (see Figure 2). The Birmingham Crossroads Plan (NFC .2003Z=0093) — March, 2004 Page 41 ® BIRMrNGHAIvI CROSSROADS PLAN interior streets should have 10 foot travel. lanes, on -street parking, b foot landscape strips, and S foot sidewalks. Buildings should be set back between 0 to 25 feet from the internal roads. Parallel on -street parking will reduce. the requirement for :parking lots and provide additional ,traffic calming within developments. The dedication of internal roads to the county might mitigate some tfansportation improvements, such. as turn Innes, that are xray be required at the Birmingham Road/Birmingham Hwy/Hickory Flat road. intersection. If turn lanes are not added to the intersection, the existing configuration of this intersection will maintain the pedestrian scale and orientation of the Crossroads. Se-A-yRwd AW07ma ProposedRoadway Section STREET SECnONS BIRMINGHAM CROSSROADS Figure 2: Internal Road Cross Section Birmingham Crossroads Plan.(NFC 2003Z-0093)—March,.2004 Page 42 w BIRMINGHAM CROSSROADS PLAN Parking - Site plan layouts for strip retail developments typically have parking and circulation organized into a single, large, paved lot that. generally abuts public. roadways. In the Crossroads. parking shall be divided into smaller lots .located to the. side; between, and behind buildings with access from streets internal to the development. The parking lots will be landscaped and buffered to Further reduce their visual intrusion into the Crossroads. Shared parking is encouraged, particularly between businesses that have demand for parking at different: times. For example, weekend and. evening uses . such as a church could share parking with a weekday uses such as retail or office.. On street parking should be located. along Birmingham Road and Hickory Flat Road to create a buffer between pedestrians and the travel lanes and to slow down automobiles traveling thru the intersection. Alterative paving materials; such as gravel, are encouraged; particularly parking that exceeds Fulton County's requirements. The amount of parking required by the Fulton County Zoning Resolution should. be reduced by at least 10%. Traffic Calming - Road design Should be in context With the pedestrian.. and village oriented setting. This plan recommends design. measures to. reduce traffic speed, including: the. system of internal streets, nnaintaining existing. roads to two. lanes, reducing travel lane widths on County roads, installing parallel on -street parking on County roads,: installing crosswalks and islands to facilitate street crossing :and requiring streetseape improvements. Installation of round -abouts along Birmingham Highway could calin traffic.:However;. in the past, GA DOT has riot supported round -abouts on State Roads. Posted Speed Limits:` Fulton County Public Works staff and Georgia. DOT should considerreducing:posted speed limits at. the Crossroads.. The posted speed limits on Birmingham Road and Hickory Flat Road should be reduced to. 35 mph or less to encourage pedestrian activity, Fulton.County should work with the State Department of Transportation to explore the. possibility of reducing the speed. limit on Birmingham Highway. Sidewalks and Streetscape - All uses within the Crossroads should: be linked by a continuous network of sidewalks, trails and pedestrian amenities. The sidewalks along existing streets should be b feet wide and the width along internal streets; should be 5 feet wide. Streetscape. design. will include: sidewalks; landscape strip with street trees, pedestrian Birmingham .Crossroads Plan {NFC 20032-0093} March., 2004 Page 43 ® BIRMINGHAM CROSSROADS PLAN lighting, and street furniture. Buildings should have a minimum setback from the sidewalk. Street trees should be planted randomly and clustered to create an informal rural village setting. The Crossroads will also be lznked via trails .and sidewalks with adjoining areas and neighborhoods. The location and scale. of streets, paths, parks and buildings will create a space. that welcomes :and engages the pedestrian. Trail/Path S stem - The plan proposes linking the Crossroads with the. planned Birmingham Park,. the Birmingham United Methodist Church Sanctuary and other trail systems that may exist in this area in the future. This network of trails/paths will provide for bike, pedestrian and equestrian use. The plan has identified a potential location. for a street and sidewalk network. that will link. directly with the proposed Birmingham Park and its recreational facilities from the. Northwest. corner. in this plan,, the planned Birmingham Park would have multiple entrances from the Crossroads. One of these entrances should be from the NW quadrant of the Crossroads and. another one could be directly off Birmingham. Hwy. The internal linkage will create a mutually reinforcing relationship. between the park and Crossroads. H. Proposed Plan .Policies This plan provides a. set of policies to implement the Birmingham Crossroads Plan Vision. Each policy is explained through supporting points. Design standards will provide specific development requirements. to implement these policies. Policy: The Birmingham Crossroads. will develop in -village Iype pattern ■ The design .of all buildings shall have a pedestrian: scale: by having architectural detailing, variation in building massing, visual variety, and street -orientation. Developments shall be subdivided in to walkable blocks of 2 to. 5 .aches with the construction of an internal road system. Internal road shall have on -street parking, landscape strips and. sidewalks. ■ Developments shall have a variety of building types and sizes to. create a village environment. Birmingham Crossroads Plan (NFC 2003.2-0093) —:March, 2004.Page 44 "® BIRMINGHAM. CROSSROADS PLAN ® Village greens shall be located in the Southeast and Northeast quadrants. The Village. green is recommended to be at least 50 feet wide and. 13,000. square feet. ® A minimum of 10% of open space shall be set aside in each overall development. This shall not include septic fields detention facilities or landscape islands. To the extent possible, the open space should be clustered as one single open space, ■ Drive-thrUsand parking shall be. located to theside or rear. of buildings and shall be screened. ■ Building size shall be no greate.r.than 25,0.00 square feet. Policy: The Birmingham Crossroads will be edestrian oriented 0 All roads (existing. and internal) within the land designated as streetscape elements, as shown in the street cross sections of #his plan. 6 Buildings shall front on to existing streets or. internal streets. To the. extent possible, buildings shall front on Birmingham. Road and Hickory Flat Road. e The needs of pedestrian and automobiles shall be balanced by incorporating ori -street parking, cross walks, pedestrian crossings, landscape strips. and sidewalks along existing and internal roads. Pedestrian and bicycle. connections to the Birmingham Park from the Birmingham Crossroads shall be encouraged, particularly in the NW quadrant. Sidewalk, alternative pathways and path connections from nearby agricultural and, residential uses shall be. made to.the.extent. possible. Policy- Development at the Birmingham Crossroads will be contained. ® Commercial and.. office development shall be contained. to the land. designated as Retail and Services in. the proposed 2015 Land Use Plan amendment (27.1 acres). Birmingham Crossroads Plan (NFC 2003Z-0493) -- March, 2004 Page 45 ® BIRMINGHAM CROSSROADS PLAN Septic systems. and buffers can be located outside of the land designated as Retail and Service, and land zoned Community Business and Office. The septic system will serve as a buffer to contain the commercial. and office developments in their entirety. ® Land used for septic systems, reserve. septic fields and buffers around the perimeter of the Crossroads should remain undeveloped (except for passive recreational uses). Land used for septic systems. and buffers shall be rezoned Agricultural with .conditions that will limit the use to land for septic and buffers. Placement of buffers in conservation easements is encouraged. 0 Detention facilitiesshould benaturalistic:-in design. Polity. Preserve Historic Resources ® The historic resources identified in the 1996 North Fulton Historic Resources Survey shall be preserved and integrated into new developments. Incentives to preserve and rehabilitate the three identified historic resources. in the Birmingham Crossroads.are: to increase the size of land designated as Retail and Services equal to the size of the buildings and the :required parking and. to increase the recommended amount. of commercial or office in each quadrant equal to the size of each building. Birmingham Crossroads Plan (NFC.24D3Z-4093) — March, 2004 Page 46 ® BIRMINGHAM CROSSROADS PLAN VI. APPENDICES Biimingharn Crossroads Plan (NFC_- 2003Z-0093) —March; 2004. 0 ® BIRMINGHAM CROSSROADS PLAN Appendix A. - Node.Policy Binningham Crossroads Plan (NFC 20032-4093) -- March, 2004 m m doll ffift ma m i or 00% i B n gr r- C . C:DTI:KAPr-D 1 OO.A Cotn�mnnity Node. up. to 350,0.00 square feet total of retail and service uses and pff. . uses not to exceed 50;000 square feet per acre with a maximum. square footage of 350,000 for office uses. Residential development in community nodes should not exceed 12 units per be located at major interchanges or intersections and should acre: Community nodes should consist of significant comparative retail, service; office and entertainment. uses. 0 Re 'anal Node. In excess of 350,000 square feet.total of retail and service uses and office uses exceeding 507000 per acre with no maximum except .the limits identif ed by the zoning of a parcel. Residential development in regional nodes should exceed 12 units per acre. Regional nodes .should be located between major interchanges of intersections and should consist of significant comparative retail, _service,. office and entertainment uses. Appropriate transition uses or buffers are critical to protecting close -by or. adjoining residential uses. Activity Node ReaionalD_'gh), . Highway Interchanges__._____. and :MARTA Transit Stations CoM uni edium Interchanges wiih:Major - Arwiats. NGI]l CLA55IFICAT101.9 C1tIMRIA orrice. Commercial Square Feet. Residential Total 5ouare Feet Per Acre/Total Units -Per Acre 3.50;000+ 50,000+. _ . 12+ 100,000-350,ow Ilei h�rh� . —�; —--------. - • - - ---- -- -- ----- Minor Arterials and C*ilectOrs up to. 100,0W 20,000-5010001 Total 35.0,000 5-12 :.Up to .20'00.01_ Total 1002000 up to 5 1993 LAND USE, UNINCORPORATED NORTH FULTGN COUNTY ting dd- P �.�ecting-1�990Wormation.was generated jointly by the Department. An Exisof Planning and Economic Development, ..the Atlanta Regional Commissions (ARC) and NASA utilizing satellite photography and FultonWCounty's.Geographic lnformation System {GIS}. That map was updated a through 1993 by Planning Staff; The statistics in Table 74 describe the quantity of land in each category. Residential uses are one, all-inclusive category on, the 193 Land Use map. Residential uses are divided into seven categories on the Land Use. Plan map• The 1993 Land Use map establishes a- foundation for updates of the LAnd Use Plan. N BIRMINGHAM CROSSROADS PLAN Appendix B - Birmingham. Historic Resources Birmingham Crossroads Plan (NFC 20032-0093.) —March, 2004 GEORGIA. HISTORIC RESOURCES Resource No. 105... Histoxic Preservation Section. 205 Butler Street. Suite 1462 County Iullrti Georgia Department of Natural Resources. Atlanta, Georgia 30334. 404/656-2840 F instructions,. seethe Georgia Historic Resources Survey Manua! I. Name(s):of resource liim bighain United MethodisuChurrh 3 .Address/location 15770 Bi, minghatn IlAy Binniiigham Colmn . 30301 4.Owner's name and mailing address .2 Location map with. North at top SO_ Building 0 structure: 19 Chimney placement& material 11 Contractor/builder/craftsman D Site 0:0bject illiknown d D Landscape feature Iialltlon, frunrejpIurftlmz fralne:...:.....................:..:...:.:....�..:...:.........:........-...: - - :_..-...... No.Acadclnic Style 5 O Representative exarn.ple of building type. E Number represented 22, FUun.dation materiai(s) cr 7 Use, current churchlreligiousstrucrure � original churchlreligiousstructure S Date of construction (or estimate) 16 Number of stories CA. 1930One ............,. •...:............................................................. 9 Major changes & date (exp€a.in in No.25) .......,.,...-.,...............-... -..-..--:......-...................-.-...._ 17 :Facade summetry & front.door(s) ., 0. Altered 0 Moved syntmctrica! one door 0: Addition O. Des tr�.�.ed.,..--.-..-18 Roof type.& material. IU .ArchitectJen zreez/desi net p. $ crosr able- composition shin lelas halrshin lc ............. _.... g .�I -�.. -,-. Unknown 19 Chimney placement& material 11 Contractor/builder/craftsman 1110: chimney observed - unknown materia! ............ illiknown 20. Type of construction .............................. ...:............... 1.2 style. Iialltlon, frunrejpIurftlmz fralne:...:.....................:..:...:.:....�..:...:.........:........-...: - - :_..-...... No.Acadclnic Style 2.1 Exterior material(s) miuiinr; bondlvc_nesrlsrretcher; wood 13 $uiidin .g type 22, FUun.dation materiai(s) church concrete 14 Original floor Plan 23 Porch(es) one iootrr - tin v 11aarrrsdeep . parrira. { rorrfz 1 story= partial, Hrnor� gable) .... 15 Pian shape 24 Windows double-hungsash {flat-headad. 111, recran farjj,, double-hungsash {flat -header, %sha ed I2112 recrangularJ; caselirenr aa-headXull sown; reetan lar) P ...:......................... .....................:..................................:........:......--•--------•------ •....- ......................... ....i€�`.. ... 25 Additional physical description .26 Negatives: roll # 3 frames # I Arched ponccn supparred by paired.round columns Four light metal casement. Church +nay be older; but present appearance appearr to be.40=45 nears old. Can ditrol [:'good: Addition - Ca. 1996 - front addition has increased size by 30% .A tiered Ca. 1950 = outside bricked. GEORGIA HISTORIC RESOURCES Re5UurC ..�1C3„ Fil:Nl IE3 Historic Preservation Section 205.Butler Street, Suite 1462 County Fulton Georgia Department of Natural. Resources Atlanta; Georgia 30334. 4041656-2940 A - instI•uctions, seethe Georgia Historic. Resources S.unvy Manuid 1. Name(s) of.resaurce 2 Location map with North at top Phillips-Mickler House 3 Address/location 15796 Binninahanz Highx cn Binnirgovm Community I.Ownees.name and, mailing address Louuc Mickler 1.5.790 Bir bighatn:l fighwav Alpharctta, GA 5 0 Building O Structure. O Site 0 Object 0 Landscape. feature. 6 0 .Representative example of building type Number. represented r?i 7Ilse, current single.dwelling original single duelling S.: Date of.construetion (or estimate). 16 Nuiriber of stories CR: 1880 -moo One. - • ............: :----- -...-.._......_...-.:....- .. ...- ----:- .-....- ------------- ......... ... - 9. Major changes &.date (explain in No.25.). 17 Facade sum metry & front doors) (9 Altered O Moved aymtnerrical, one door 0Addition 0... Destroyed 28 Roof .:type & material ..-.. :.,:., _ . . 10 .Architect/en ineer/desi net side -oriented: able -can: osidonshin lelas hall shin le M Unknow?l 19 .Chimney placemkrit* material 11 Contractor/b. ui ld er/craftsm an gAble-end,exxeriar-brick ................: :..... ......... . llnA710tyn 20. Type of construction. 12 St le Y balloon rarncJ fat orm rnrtzc. .- f ..- -p f...- f ................. -_----::-:. Norrcadcasic Sglc 21 Exterior material(5) shinafes 1.3 Building type 22 Foundation material(s) cevicral.JratlKa} sionc pier,• brick con ti malts. ................ . 14 Original Floor Pian 22, Parches) central lzalfway. jpassage} : one ream deep wrap-around �(ronr, 1 srdryr fui[r K;oodz shedlpenr) Is Plan shape 24 Windows double-hungsarh.{fat-headers 9l6 rectangular}; double-hun$sash {�Iat heodcc� rccronquliir 212. I reeran�ular}; c7nz' -h ungsrish {flat-hendcd, 616 rcc;anular} 25 Additional physical description 2.5 Negatives- roll # l(P -framesZ` Y Wood columns orz brick piers support porch, Frieze board, goblerarum_ Wr2vy gdass. ii: 916 windows. Grteriar chlinncy from.1477 Survey rcrnovcd µ Cartdirion: Good. Aflered - Ca. 1950 -Awning over wiriifo�v Porch prinlill!}!tebuFly. revr prirch. enclosed Afrered - Ca 1980- lnlerior.renovaterh rcplaeetnerzt.door indoor plurrzhi4 A Itcred - Ca. 1930 -. crafnnmr style porch supports GEORGIA HISTORIC RESOURCES N Resource • . ..........o. .. FUNS. -165 - ....... Historic Preservation Section 205. Butler Street; Suite.1462 County Fulton Georgia Department of Natural Resources. Atlanta, Georgia 30334: 4(341655-N40 F • instructions, sec the Georgia HisfgKc Resources Suruq.Manunl I Name(s).of.resource 2 Location map with North at top 3 Address/location 15720 Binningiiatn Highway Rimiingharn commw4iry 4 Owner's name and mailing address alQc�ltn���t�. 5 ® Building O.Structure D Site 0 Object O Landscape -feature 6 D Representative example of.buiIding .type Number represented] 7 Use, current zingie dwelling original single divcinq . 8 Date of construction •(onestimate) 16 Number of stories C.A. 1840 - 1899 One 9 Major changes & date (explain. in No.25.) ........................... .... ... ......................................... : ................ 17 .Facade-suinmetry & front door(s) 0 Altered O Moved asyrnmewica4 one door 0. Addition O .Destroyed 16 Roof type'& material. 1a 1lrchitectlen rneerldesi net $. cross gable -:composidon shirrglelasph¢frshingle Utdal wn 19 Chimney placement.& material 11 C.oiltraCtor/b.uilder/craffsihan off -'center, ridgeiinc- brick Unk own. 20 Type of construction ................. •.......................--...................................... ....... 7.2 5t. le Y. balloon framelpla rirrr� frame ..:._ .........,.....:..............: No Acadernic Style. ..._---------------.:...........:..-._:..--._.: 21 t; terio.r material(s) wearizerbaardlclapbaurd fbcvcicd sidipig 13 Building type 22 Foundation material(s) gabled ell corrag.e concrete continuiius 14 Original Floor -Plan 23 Porch es) cmiralhallway, (passage)-airrroonadeep .. .-... verandah {side ,I sran_ , partial, x ovd, shedlpvu);. wrap-erourut ffionx 1 story, 11 Naod7,Pi..................................... ........ .......... ,................... ..:........ ....... . 15 Plan shape 24 Windows:... 1 shaded: dauhle-hunk sash {flux-hcgded, 414: rccrangularj .75 Additional physical description. 26 Negatives. roll # �� frames.# Gable rerun , frieze board, comer pilgsrcrs, verge board Wood panel front: doorwith large fight Corbelfing ort brick chimncrs Decorated, vented.gablm Condidon::Fair Addition - Ca 1930 -Side shed porch added in 1930s. Altered - Ca. 1980 - porch enlcased ��'�C�i�1� 1��,5��uit�ES Resource. No; FU -NF -166 GEORGIA 1�- m Historic Preservation Section 2aSButler Street, Suite 7.462 County 1'u!lbri. Georgia Department of Natural Resources. Atlanta, Georgia 30334 404/656-2840 Fil instrucliGns,,see the. Georgia Historic Resouires Survey Manual 1 Name(s) of resource: 2 Location map with North at top 3 Address/location, .1571 d Bi{aningharn.flighwa� Birnringharri C0171munirp 4 Owner's name and mailing address Winston Man fori 15710 Birrnh7gham Higkway. Alpharetta, GA �0,. BiCKC)R.y FLA. U.. S ls.ml i+1l� }-tp,r,,t �. "R irv.�h 1S DAN 50 Building O. Structure � O .site 0 Object O Landscape feature 6 O Represeri.tative example of buiIding.typ.e �. Number represented 7 use, Current single dt�Tuing W griginal. single dwelling ¢[� 8 Date of construction (or -estimate) 16 Number of stories CA..1840- CA. 1849Onc-and-a-half ........... ...................:........... --•-------•-..-................:.:........,,•.:...--..--..,....:....... �. 9 Major ch`auges &date (explain in No.25) _........................ . . ....... 17 Facade summetry & front door(s) ® Altered Q Moved. sym.gterricdl, drie door.. ® Addition O. Desstrq ed .........................._...........:.......--.............-.:�'..-,..:,.:.......-.., 18 Roof :. a &.material tYF 1©.Architect/en sneer/desi rner li b. side -oriented gable -asphalt and wood shingle Ilnkr:aw�a 19 Chimney placement & material 11 . Con tractor/bu i l derf craf tsman gable-enA exterior - brick itowt2 20 Type: of cnnstructmn. .._.......-.- ........................-...-.....................:....-_.....--............:. 12. S.t 3.e y bgllo..nn fralnelplaTonn•fr-atr?e: . Greckltcvii atrelenrenrs _• 21 Exterior materials} _ -.... -.. _ wcaihcrboardlclapboardJheteled sidi,�g 13 Building type 7.2. Foundation material(s) ccr:rrn! ha11x•a1� Goncrefe condITUOus,• stucco 1.9 .Original Floor.Plan .23 P rcli(.es) . rutnal hallway ossa c) - ane ranrri dee verandah : rout 1 story ul woo sJacdJ errs 15 Plan. shape 24 Windows . recur: lar lad .....:.................... doubk-hung sash. (let -header, 016, rectanpinr); double-hungs=lt {flat -headed, 414,.recrangutar} 25 Additional physical description 26 Negatives: roll #10 fxantes. .�D—I� Itrickiviil:.rioiie elri,t:7�ey Handhewn: ceiling boards upstairs. Some rooms have rongue-and groovy walls original CrOWn mold Fmerior, has pUastc , -ableererums .frieze board cupola. Threeatarrow gable dcjrmers.lirirrar�ce with sidelights I-unmdposu ora porch. Condition:.Good Addition - Ca, 1890 -rear additions Alrcrecl - G'a. 1994 - Interior renavalcr� porch partially rebuilt GEORGIA� HISTORICRESOURCES . Resource No. PU lvt;=l8a .......... ..:. Historic.Preservation. Section 205. Butler Street, Suite 1462 County Fufrart Georgia Department of Natural Resources. Atlanta, Georgia 30334: 4041656-2840 h instructiomn sec the Georgia -Historic Resources Survey Manual 1. Name(s) of resource 2 Location map with North at top Y Phillips House 3 Address/location 795 Hickory Flat. (toad !#rn:inghan comnaamy 4 Owner`s :naive and mailing address Oscar. Phillips 805 Hickory Flat Road Alpharena,. GA 5-0 Building O Structure 3 O Si to O Object: O Landscape. feature Z: 60 Representative. example of building type ;�. Number represented 7 Use, Current . single dwelling cG original sirsrle dwening 8 Date of Construction.(or estirn.ate) 16 Number of stories ,M 19.39 ................:.. ...... • .....:.,-...--:: One -:•..........:..,,; ........I..........-............ 9 Major changes & date. (exp]ain in. No.25j ..-... ... .:.-.-.:..--- :,-..-.:-...:- ,..,.._.-:-............. •--- 17 Facade summetry & front door(s) O Altered O Moved. mriterrica one. door O Addition 0 Destroyed Y IS Roof type &material .:. 14 Arct►itectlengtrieerldesrgner side -oriented utile - cornposirion sliingfejaskli shingle .....• .........-. ph Unknown 19 Chimney.placement:& material 11 Contractor/bu.ilderlcraftsma.n gable -end mcrior - brick ?A Type.of construction -unknown 12 Style 1ia11non framejpla form fidrnc craftsman - e emcnrs 21 Exterior rriateriai(s) nni•rtg• sidiiiglshr'plap/drnp s[ding 13 Building type 22 Foundation material(s) sidc.gable couagc Brick cohrinuou r 14 Original FloorPl.an 23Poreh(es�.....-._: Iwo unequal roams - two roanu rlecn sloopp (fron, I story; parrial, wood.-gahlo),. verandah (side, I story, panie4 wood, $Ziblel.: ...... 15 Plan shape ............. .....................:..:...... 24 Windows rectae alar • --------- - .......... _....................................:....................:.....:..... double-hu!M.sgsh (flat-headcr� 312; rccrw:gularJ 25 Additional physical. description 26 Negatives: roll # frames #�y <<� 5ide perch wo- ld corn s.on brick piers. 3 -light woodpanel front door. .5 .� Cnxdition: lxcclfenr: GEORGIA HISTORIC RESOURCES Resource No. F&_N1=12 S Historic Preservation Section .705 Butler : Street, Suite 1462 County Tuitan Georgia. Department of.Natural Resources .Atlanta; Georgia 30334 .404165672840 F - instrtutiom,. see the Georgia !Historic Resources Survey Manual I. Na.me(s) of resource wcwlon House —. 3. Address/location 855 Hickory Flai Road Rinninghatn Cornamnin+ 4 Owner's name and..maiIing address 2 Location map:w.ith. North at.top 5 0. Building 0 Structure Ik O Site 0 Object O Landscape feature. d 0 Representative example of building type Number represented 7 Use, current single dwelling. original single dx'elling. 8 gate of construction:(or.estimate) i6 Number of stories CA 1870 -1879 ....... ..... • .... •...........:..•----------•.-...-.............,.:......:...........-..., .:....- - .-. Ocie -ani! -a -half' -- ------------------ ......... 9. Major changes &date (explain in No.25) .... 17 Facade summetry & front door(s) 0 Altered 0 Mowed one door D Addition 0 Destrolred 18 Roof. type & material.. ,..,.--:.... - •..._..-.....-... ---- -- -�------.--.•................................. 10 Arch'itectlengln eer/des! finer tnUrrsard -composition shinglelasphalt shingle,• hip;-. metal.- standing seam Unknown 19 Chimney placement &.material 11 Contractoribuilder/craftsman no chimr:ey.observed - unknown mate. -jai Unkno!T23 Type: of Construction .--.......................:.......................:......... .... .. .balloon amel lar arnr, rarne Queen Ame w eletnents 21 &t"e" rior m a teri al(s) Gothic Revival - damend ( raf un�ari.- elements ashesios siditlg sliirglcs 13 Building type 22-Toundation materiai(s) GCOr'bRAI! COrtRr,C stor:lc pier.wiiltirlfrll 14 Original floor Plan 23 Porch(es) CGlfral JlallWl7y':(Russgge)_-:nyq bms atccp:...........................-•-.- ---•...-.:-..- verandah:(rr w, l:stdry,._(tell, wooii;:shedlpeitt}-..-.-_.-._....-. .:......:.. ....-..--•--- ... -. . 15 Plan shape 24 Windows double=hungsash (flat -headed, 514 rdgghgular); double-hungsysh {flat headed, rcetan alga 4J4, rectarr larj 25 Additional physical description. 26 Negatives: roll #.s frames #-� Square ivood coleanns ars brick. piers support porch. 77wee gable dpnriers of facade and rwo or! the sidts. Decurvrive-cul shingle patters in "10gahles' (gabled dormers). Darren havc.414 As windows. Porch has exposed rafter ends. Chimneys visible:tri 1x77 photohave hecq removed ,Sidelights at entrance (1977 survey). Conduion. Good. *tiered - Ca. 1930- Parch rebuilt Itercd - CQ: 1950 -. sbestas shingle siding. 1950s AItered = Ca. 1990 -Metal roof adder, chirltney remoized. GEORGIA HISTORIC RESOURCES Resource No:-- FU -183 14i.storic. Preservation Section 205 butler Street, Suite 1462 County Milton: Georgia Department of Natural Resources Atlanta; Georgia 3033.4 4041656-2840 Fr - instruc#ions see the Georgia Historic Resourccs Stirvey Manzinl 1 Name(s) of resource Buice. CouhtryStarc 3 Addressliocation 85ti Hirkory Flat Roan Binnfthana Comrnurtit} 4 Owner's.name andsnailing address Boyle Buice 850 Hickory flat. Road Alpltaretra, GA 30201 2 Location map with North at top klm 50 Building O Stru.cture O Site ❑ Object X, O Landscape feature 6 D Representative :exampie of Building type Number represented .7 Use current .reiailsiorelshop original reiall storeJshop S Date of construction (or estimate) 16 Number.of stories cA-1.930-1939One :...... ...:........ . --------------- ..... :...........------- .: ..........:.............,. .9 Major changes & date (explain in N0.25) .17 Facade summetry & front.door(s) 0 Altered Q .Moved a"ncfnCA one door Addition ❑ .Desfirged 1S .Roof :type &.material .-- ----- ------------------,-....- .......... . ........... . 10 Architectlen (neer, esi iter tont-oriented able-metal-Corrugatedshecr f ...... . ..............ta . ... - _..-a.--...-...-:- 11 Contractorlbuilderlcrattsman Utaloaown . J2 S tyle Crafonzan.- e[erncrus. 13 Building type 19 Chimney. placenient:& material no chinviq observed. - unknown material 20 Type df construction balloon jran{eJpfarfarm.rrante 21 Exterior material(s) wen thcrboardlclopboardlhevelcd siding. 22 :Foundation material(s) concrete 14 .Original Floor Plan. 23 Porches) otic. room,-: rmiangular ,: one r•oorn deep .. .................----....-. wrap-around { frprr; I s[orj� Jirllr wood= shedlpcnrj 75 Plan shape 24 Wi dws dou le-ungsash (flat -headed bld recrangufar); double-hungsash (flat -headed; rcctan far 212, ar) 25 Additional' physical description 26 Negatives:. roll. #S g frames #1$ - 2 `{ Etpased rafter ends and triangle gable braces. Condition: Good Adan- Ca. 1950 = Large side shed additianr in 1950s Altered - Ca. 1930.- Large side shed addition in. 1950s GEORGIA HISTORIC RESOUR Resource No- .•U.NF-tf................ Historic Preservation Section. 205 ButlenStreet; Suite 1462 county ridion Georgia Department of.Naturai Resources Atlanta, Georgia 30334 4€]91656-2840 F instntctions, sec the Georgia Historic Resources Sumcy Manual 1 Name(s) of resource Vi IIiam H Gaza wavHouse 3 Address/location -1578O.Binningham Jfighway Birmingham Comtnun4 4Ownee.s naive and mailing address 2. Location map with North :at: top. .50 Building 0 Structure d. * Site a Object to a Landscape. feature 6 0 Representative.example of building type Number represented. 7 Use, current Vacanrlftrin Usti original single: dwelling 8 Date of construction (.or estimate) 16 Number Of stories CA. 1938One ......::....... ....................... 9 Major changes & date (explain. in No.25) 17 Facade`summetry & front door(s) 0 Altered. O Moved anmrmctrical, one door D Addition O Destroyed 18 Roof type& material ...:..:.......: - --• 10 Architect/en ineer/dcsi er gi � side=oriented.. able -•cont osition shin lelas halt shit le g P .�..... f' � - IlrtLnown .19 Chimney placement & material 11 Contractor/builder/craftsman off -center, ,irhinroof3urface-brick Unknown ... .. .........: :.....,..- .-.. • 20 Type of construction .................:....:..:.:................--.-.....--...- 12 Style halloos frau:elplaTann frame.--.....,- _-. -........ ....... ...-_........ .........:........._...-..- Colonial Re.vival - elements 21 Exterior material(s)- 13 Building type 2 . Foundation material(s) sine -gable corsage brick crnuinuous;. brick pier ividi infill 7.4 Original Floor 23 Porch(es) stoop (febill,, 'I start; partie;4 mcre4 gable); verandah (side, I scary, partial, three or more.roonu - two rooms deep ....-... --- 1.5 Flan shape .. 24. Windows rectangular...................:...........................................:.............................. duble:hu�spsf(jar-hcad� 312rectangular). • ....-................................. 25 Additional physical description 16 Negatives. roll #S $ frames #°µ:5l .Nouse has denttls,iriezc board. gable •ret uyis and corner pilasters: Condition: good Altered = Ca 1956 - columns replaced with metal posts, awnings over Windows ® BIRMINGHAM CROSSROADS PLAN Appendix C - RCLC Market. Study Birmingham Crossroads Plan {NFC 2003270093} —March, 2004 ® BIRMINGHAM CROSSROADS PLAN Robert Charles.Lesser Birmingham Market Study Research. Highlights. Demand There. is insufficient demand for a traditional grocery stare. There is current demand. far 7,400. sf of office: By 2004 there will be demand for 80,000 sf Case Studies Studied characteristics of nine village centers. Most have anchor uses. Strong architecture promotes the. village :theme and unique sense of place. Major focal point, such as a.natural area is :important in establishing. the sense of place. Village centers along main roads have more visibility. They have retail, some: with office and some with residential. They range in size from 211,000 sf to. 30,000 sf Location of parking is often on street and to the rear of the building. Some critical success factors include: strong architecture and high. quality design, central greenspacelfocal point; anchor tenant Some challenges include: lack if visibility, financing, lack of Anchor. Birmingham Crossroads .Plan (NFC 20032-0.093). — March, .2004 .....Q N. j N :E r - O .O V'-' m N a D h0' O v N 0 Ln E ❑ o w to L1 tn N '- U •� 4 N � V � � � �' bA L i 4] tn CL oEn O FL Q] to C�. .r ►- N �. S.T. v 4 s.. [� cn rte . .❑ �...� �. co to Q R 00 �. N D a) to M w c. L E >'clc 'r3 arbc .� U N dt7 C' w . c v � _ tn0. _ Q] Q] u �+ ❑ L. 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Ln Ln n a: M $ c a y a pmpf m c. ar m o C . Iwm9 y a 00 i�? E O.:0id 7 U m O. _ R ov `❑ c to Q: r E -- .,., �a o „ o �� •3 °ua 8'. CL v �i a E'er as is c U.c c v 3 R ❑ II y ,n V r x _ r - z O. ,y W L J p m m C � 61 q a nn e o 'n C t1 d q � rt7. R ea. Z C Ln Ac v a ea dl y [n LU CC CC S C7 PL7 C7 ® BIRMINGHAM CROSSROADS PLAN Appendix D — August 31, 2401 Survey and RCL Survey Results Binningham.Crossroads. Plan (NFC2003Z-0093) — March, 2004 ® BIRMrNGHAM CROSSROADS PLAN Birmingham Community Meeting August 31, 2001 `Survey Summary 1. Almost 601/o of the respondents live less than two miles from the intersection. 2. 97% plan to stay in the area. 3. The majority .(79%) prefer Pian A (100,040 sf) as well as its development. size; "layout and small building sizes. 4. The majority feel that it is very important to.preserve historic resources (58%), to have a village green (84%) and., to maintain trees and native vegetation (771/6). 5. Over 50N at least support somewhat the planning process.. 6. The overwhelming majority (95%) support the village character, open space and public area (89%) and, a sidewalk network. (82%). 7. Many want to slow down traffic speed and volume by having a 'speed limit that is less than 3:5 mph (87%), by using land use controls and, traffic calming. For traffic controls; their preference. is to have the least intrusive mechanisms, such as stop signs. 8. Their top preferences for tenants. at the Birmingham Crossroads are small retailers a small grocery stare and agricultural and horse related. stores. Robert. Charles Lesser Survey Summary 1. The majority supported. developing a plan for the community and working with Fulton County and the property owners to develop suckplan. 2. The majority feel that.the rural character, open space, tranquility, minimal commercial development were attributes to the Birmingham Community. 3. The majority do some of their shopping either at Crabapple or along Highway 9. These locations meet their current needs. 4. Traffic congestion during rush. hour and: in general, traffic :speed, water duality and, the number of subdivisions represent a problem for. the respondents. On the other hand, grocery shopping, availability of office space and..absence of sewer do not represent a problem. 5. The most desirable uses in the Birmingham Crossroads are a: public green, a.nature.. center, a public library, a feed. store, a restaurant, a small inarket and a bakery. The least desirable uses are. an auto store,. electronics store and,, fast food restaurants. Birmingharn Cros"sroads Plant (NFC 2003Z-0093) — March, 2004 ® BIRMINGHAM CROSSROAD$ PLAN .Appendix E - Passible Tenants per Budding Types Birmingham Crossroads Plan (NFC 20032-0093.) March, 2004 M BIRMrNGHAM CROSSROADS PLAN Retail and Office Uses and Building Types Retail and.Qifice Uses Residential Size. 500 to 1,500 sf Small Pad. Site 1,500 to 2,500. sf Large Pad Site 2,500 to 7,500 sf Anchor Building 7,500 to 25,000 Art Galleries and Craft Shop X X Antique Store X Barber Shop X Boutique /high end retail X Bookstore X X Coffee Shop X X Doctor/Dental Offices X X Drug Store X X heli (small) X X Equestrian Store/Tack shop X X Feed Store X Fresh Food Market X X Florist X X. Golf.Pro-Shap. X GolflTennis Apparel Store X X GiB:Shop x X Grocery Store (small) X Y - Hardware Store X Ice Cream Shop X X PoiiceStation X Professional Office - Law; CPA;. Design X x Restaurant X X Specialty Store./local Merchants X X Birmingham Crossroads Plan (NFC 20432-0493) -- March, 2004 No Text No Text No Text DIVISION 8. - BIRMINGHAM CROSSROADS OF THE NORTHWEST FULTON OVERLAY DISTRICT Subdivision I. - In General Sec. 64-1294. - Purpose and intent. The city council hereby declares the purpose and intent of this division to be as follows: (1) To implement the Birmingham Crossroads Plan, the Birmingham Design Guidelines and the 2015 North Fulton Comprehensive Plan "Maintaining the Rural Character in Northwest Fulton County. (2) To implement village type pattern development at the Birmingham Crossroads by ha ving buildings with a pedestrian scale, variation in building size, architectural detailing, variation in building massing, and street orientation. (3) To protect at least ten percent of the Birmingham Crossroads as open space. To have a village green incorporated in the development of the Northeast and Southeast quadran ts of the Crossroads that gives the continuous appearance on both sides of Birmingham Road. (4) To promote a pedestrian oriented development by dividing the land in the Birmingham Crossroads into small walkable blocks with the construction of an internal road system. (5) To balance the needs of pedestrians and automobiles by incorporating on-street parking, crosswalks, pedestrian crossings, landscape strips, alternative paths and sidewa lks along existing and internal roads. (6) To contain development at the Birmingham Crossroads, within the physical boundaries of 27.1 acres, by placing septic systems at the perimeter of nonresidential development and then by having a buffer at the exterior of the septic systems. (7) To encourage the preservation of historic resources and to encourage incorporation of historic resources identified in the 1996 North Fulton Historic Resources Survey into new developments. (8) To encourage the preservation of the rural area by preserving the night sky. Sec. 64-1295. - Birmingham Crossroads regulations. (a) The Birmingham Crossroads is a section of the Northwest Fulton Overlay District. This division applies to all parcels included in the Birmingham Cr ossroads Plan of March 3, 2004, excluding single-residential uses. (b) The Birmingham Crossroads is located at the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. The boundary of the Birmingham Crossroads section of the Northwe st Fulton Overlay (i.e., this division) shall include all parcels within the outlined area on the following map. The Birmingham Crossroads section of the Northwest Fulton Overlay is 27.1 acres and contains the historic mixed-use center of Birmingham and land surrounding it. _____ _____ (c) If standards are not specified in this article, then standards of the Nor thwest Fulton Overlay District (division 6 of this article) shall apply. If standards are not specified in the Northwest Fulton Overlay District, then this zoning ordinance shall apply. (d) Whenever provisions of this division conflict with any other division in this zoning ordinance or any other city ordinances, regulations, or resolutions, these standards shall prevail. Sec. 64-1296. - Design review board. The City of Milton Design Review Board as set forth in section 64-1120 of this zoning ordinance shall review all plans for development in Birmingham Crossroads for compliance with the standards herein and "the Birmingham Crossroads Guidelines" and shall make recommendations to the community development department prior to the approval of a land disturbance permit, building permit and demolition permit for both residential and nonresidential structures. The design review board shall only make recommendations to the board of zoning appeals for primary variances. Secs. 64-1297—64-1315. - Reserved. Subdivision II. - Development Standards Sec. 64-1316. - Streets. (a) Notwithstanding the provisions of the city subdivision regulations (chapter 50) and requirements of the city transportation engineer, existing and new streets within the Birmingham Crossroads shall conform to the design standards and location criteria set forth in the remainder of this section. When these standards conflict with the state department of transportation (GDOT), the state's standards may prevail. (b) The Birmingham plan calls for the existing roads: Birmingham Highway, Birmingham Road and Hickory Flat Road to promote village and pedestrian oriented development by balancing the needs of pedestrians and automobiles. (1) Existing roads. The existing roads, Birmingham Highway, Birmingham Road, Hickory Flat Road, shall meet the following standards: a. Minimum landscape strip: six feet. b. Minimum sidewalk width: six feet. c. Building setback: ten feet maximum in the village center and 20 feet maximum in the rural section. d. On street parallel parking: eight feet wide on county roads and bulbout at the intersections when possible on county roads. e. Internal road cross section. (2) Internal road system. Each quadrant shall have an internal road that will link two existing roads. Curb cuts from existing roads shall be minimal. Instead access to each quadrant shall be from an internal road. Internal roads shall meet the following standards: a. Travel lanes: ten feet. b. Minimum landscape strip: six feet. c. Minimum sidewalk width: five feet. d. Building setback: zero to ten feet maximum in the village center and 20 feet maximum in the rural section. e. On street parallel parking: seven feet wide. Sec. 64-1317. - Landscaping. (a) Specimen trees should be preserved to the extent possible. The landscaping shall reflect the rural context. It should be simple, informal, naturalistic in design and use native and naturalized vegetation. (b) Shade trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the city tree preservation ordinance and administrative guidelines (article III of this zoning ordinance). The state department of transportation may have some limitation on the planting of street trees along Birmingham Highway. (c) Street trees may be counted towards the required tree density for a site as approved by the city arborist. (d) Street trees shall be trimmed up seven feet to not impede pedestrians. (e) Streetlights and pedestrian lights may be placed in the landscape strip. (f) Landscape islands in parking lots shall meet the standards in article III of this zoning ordinance. (g) Street trees shall be a minimum of four-inch caliper or as approved by the city arborist. Sec. 64-1318. - Sidewalks and pedestrian paths. (a) Sidewalks or pedestrian paths are required along all public and private road frontages and may meander around existing trees subject to the approval of the city arborist. (b) Pedestrian paths may be installed instead of sidewalks as approved by the director of community development department. (c) Sidewalk widths shall be a specified in section 64 -1316, pedestrian paths shall be a minimum of five feet wide. They shall be made out of a hard surface material such as concrete, brick or pavers. Paths may be gravel or gravel dust as approved by the community development director. (d) Sidewalks for all new projects should connect with existing walks, where applicable. (e) Paths from the sidewalk to the buildings, between buildings, and to parking lots should be established with minimal interruption by vehicular circulation, parking lots, and service areas. (f) Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. (g) To the extent feasible, paths shall be designed to connect to existing or future paths and to developments adjacent to the crossroads. (h) Sidewalks and pedestrian paths shall be indicated on the site plan submitted at the time of the application for a land disturbance permit. Sec. 64-1319. - Street furniture. (a) The Birmingham Crossroads shall have consistent streetscape furniture including, but not limited to: (1) Benches; (2) Trash baskets; and (3) Newspaper dispensers. (b) If provided, street furniture shall be located outside of the minimum sidewalk width of five feet. (c) The design of the streetscape furniture shall be timber form construction as suggested in the design guidelines and is subject to approval of the direc tor based on a recommendation of the Northwest Fulton Design Review Board. (d) Hardscape elements such as wider sidewalk plazas, street furniture such as benches, fountains, tables and chairs, and trash receptacles may be located in the required front ya rd and side yard setbacks. Sec. 64-1320. - Streetscape lighting. (a) A single style and color of light fixtures and poles should be used throughout the Crossroads development. It shall be compatible with the streetscape furniture. (b) The design of the streetscape lighting should have a galvanized metal hood, with black pole, arm and brace as suggested in the design guidelines. Lighting fixtures are subject to approval of the manager based on a recommendation of the Northwest Fulton Design Review Board and per the approval of the city community development department. (c) All lighting should be fitted with cut-fixtures to prevent light spillover. (d) Pedestrian lighting shall be a maximum of 15 feet high. They should be installed at 40 to 60 feet intervals along sidewalks with a maximum two-footcandle power. (e) The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a land disturbance permit. (f) All exterior lighting fixtures (luminaires) shall be either full cutoff or cutoff type. (g) Light trespass (spill light) at a residential or nature preserve property line shall not exceed 0.1 footcandle vertical at three feet above grade. Light trespass at other property lines shall no t exceed 0.5 footcandle vertical at three feet above grade. (h) Light levels in all areas may not exceed the recommended limits or values established by the IESNA Handbook, 8th edition. (i) Externally illuminated signs must be illuminated from the top-shining downwards, not exceeding 15 footcandles. (j) Up lighting of flags, steeples, monuments and buildings must use narrow beam, shielded luminaries not to exceed seven footcandles. (k) For drive-under canopies and pump islands, the average horizontal luminance on the pavement shall not exceed seven footcandles under the canopy. The luminaire shall be recessed into the canopy ceiling so that the bottom of the luminaire does not extend below the ceiling. (l) Full cutoff luminaries only shall be used for all service and security lighting. (m) Sodium vapor luminaires (yellow light), promotional beacons, searchlights, laser source lights, strobe lights or any similar light, out-of-season lighting (i.e., Christmas lights), series, lines or rows of lights, flashing, changeable message or reader boards and lighting used for causing sky glow to attract attention are prohibited. (n) Lighting allowed under state and federal law, outdoor luminaries existing and legally installed prior to the effective date of this amendment, emergency lighting by police, fire, ambulance and rescue, and light sources for holiday decorations (but not outdoor seasonal sales) are exempt from the provisions of this zoning ordinance. Sec. 64-1321. - Screening. (a) To the extent possible, items shall be screened by placement to the rear of a building. (b) Dumpsters shall be screened from view from adjacent roads, sidewalks and paths. In addition, the dumpster shall be enclosed on three sides with a masonry wall. The wall should be faced with brick or natural stone and compatible with the adjacent architectural design, materials and colors. The enclosure shall be a foot higher than what is contained in the interior. To the extent possible, a common location for dumpsters should be used. (c) Loading and other service areas shall be located to the rear of buildings where least visible. Evergreen trees should be used to screen views of service areas. (d) Parking lots, bumpers, wheels and paving shall be screened with vegetation planted between 30 — 36 inches tall. Evergreen shrubs should be used for low-level screening of parking lots, sidewalks. Berms without landscaping are not an appropriate screening technique. (e) Rooftop and building-mounted mechanical and electrical equipment shall be screened from view by a parapet wall or roof screen. If on the ground, equipment shall be screened with landscaping. Sec. 64-1322. - Fencing. (a) Allowed fencing types and materials are split rail, stacked stone wall or brick columns with horizontal boards, picket (not off the shelf variety), vegetative hedges, 3-4 horizontal board horizontal rail, horse wire (no climb two inches by four inches) and no climb wire (see examples and photos contained in subsection (c) of this section.) Posts shall be no more than six inches taller than fence. (b) Horse wire (no climb two inches by four inches) and chainlink fence around retention areas must be clad in black vinyl. (c) Prohibited fencing materials are: (1) Unclad chainlink; (2) Vinyl; (3) Polyvinal Chloride (PVC); (4) Aluminum picket; and (5) Metal. _____ _____ Sec. 64-1323. - Parking lots. (a) Parking lots shall be located behind and to the side of a building. (b) The amount of parking required by this city zoning ordinance shall be reduced by ten percent. (c) Parking lots shall be divided into small contained areas through the use of perimeter landscaping and canopy trees. Parking lot landscaping shall follow the standards of the tree ordinance (chapter 60). (d) Parking lots shall be surfaced with crushed gravel on appropriate base, asphalt, concrete, or exposed aggregate. Pervious materials such as gravel and grasscrete pavers (not bituminous paving) could be used and particularly in areas that have parking spaces in excess of the minimum amount required by the city. (e) Marked on-street parking shall be counted as part of the minimum number of required parking spaces. Sec. 64-1324. - Open space. (a) A minimum of ten percent of open space shall be set aside in each overall development. This shall not include septic fields, detention facilities or landscape islands. To the extent possible, the open space should be clustered as one single open space. (b) Within land designated as retail services in the 2015 Land Use Map in the Northeast and Southeast quadrants, land shall be set aside as a "village green." The size of t he village green in each quadrant shall be as set forth in the following table: (c) The village green shall be a simple lawn area canopy of trees serviced by sidewalks. There could be hardscape features such as plazas, benches, lighting and other furniture to serve pedestrians. The park should be designed to be an attractive day and evenin g setting for either individual usage or special community events. Sec. 64-1325. - Miscellaneous provisions. (a) Except as provided for in article IX of this zoning ordinance, the storage and sale of goods is prohibited in parking lots and other areas outside of the interior or permanently sheltered portions of a building. (b) LP tanks and ice machines are allowed outside provided they are screened from view. (c) Storage of shopping carts is allowed on the side of buildings without a permit. (d) Shopping carts shall be screened. (e) Hours of operations shall be from 6:30 a.m. to 11:00 p.m. (f) Freestanding fast food restaurants are prohibited. (g) Except for one lane for a drugstore and two lanes for a financial institution, drive -throughs are prohibited. Drive-throughs shall be screened from view from the public right-of-way subject to the approval of the director based on a recommendation by the City of Milton Design Review Board and the city arborist. (h) Drive-ins/ups are prohibited. Secs. 64-1326—64-1344. - Reserved. Subdivision III. - Building Setback and Design Sec. 64-1345. - Applicability. (a) All nonresidential standards apply to existing and new structures, used for nonresidential purposes, within the area defined as the Birmingham Crossroads. (b) Buildings should be designed in conformance with traditional historic building placement and massing. Buildings may be executed using historic styles, or may be new and innovative interpretations of local architectural traditions. Details must be simple and concise, erring on the side of austerity. Avoid nostalgia and excess ornamentation, and strive for direct and bold expression. (c) Building designs are categorized as "village center" or "rural section" depending on their location within the Birmingham Crossroads. Village center buildings are to be located along the existing roads and within 400 feet of the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. Rural section buildings are to be located beyond 400 feet of this interse ction. The location of both is indicated in the map below. Village center buildings shall be placed at the property frontage. The most prominent aspect design aspect is the street façade. Rural buildings are placed away from the core line forming a more casual transition to the "countryside." _____ _____ Sec. 64-1346. - Building setback. (a) Village center buildings shall be set back ten feet maximum from existing roads and/or internal roads and drives. (b) Rural section buildings shall be set back 20 feet maximum from the property line. (c) Village core buildings shall be located at least 75 feet from the overall development boundaries. Sec. 64-1347. - Building design. (a) Buildings at the village center shall have village/main street characteristics (as shown in the following drawings a and b). Buildings in the rural section of the crossroads should have an informal rural design (as shown in the following drawings d and c). (b) Buildings shall have a variety in their size, massing, height (including two -story buildings) and detailing. Visual interest shall be achieved through the use of at least one of the following architectural element: balcony, porch, marquee, or façade off-sets. (c) Buildings shall be oriented to sidewalk and street. (d) Primary building entrances shall face the sidewalk and street. Secondary entrances may be located on side and rear elevations. (e) Building façades facing a right-of-way shall have buildings wall offsets, including projections and recesses, every 40 feet to provide architectural and visual interest and variety. (f) Trim, fenestration, materials and composition shall be present on all sides. The façades of buildings in the village core may be more pronounced by the incorporation of architectural elements than other elevations. (g) The building materials applied to the front façade shall continue in the same proportion on all exterior elevations. (h) Allowed exterior wall materials are horizontal lap siding, board and batten, wood shingle, wood mould brick, and stone. Metal shingle, corrugated or 5-V metal are allowed for agricultural style buildings in the rural section. Avoid novelty shapes on shingles. Clapboard must be wood or cementitious. Board and batten must be wood or cementitious. (i) Prohibited exterior materials are synthetic stone, concrete stone veneer, stucco and exterior insulation finish material, vinyl and metal siding. Prohibited trim materials are Howe casings, manufactured dentils, standard brick mould. (j) Allowed foundation materials are stacked stone, cut stone and brick. Rural foundation materials can be poured concrete finished with smooth stucco, brick, or stacked stone. Foundations may be formed out of poured concrete or concrete masonry units. (k) Porches shall have stone, brick or masonry piers. Concrete masonry units shall be finished in smooth stucco on masonry or concrete formed of horizontal wooden boards. (l) Windows. (1) Windows that open to the interior shall be included on elevations facing a sidewalk or street. Windows in the front façade shall be predominantly vertical in orientation. (2) Windows shall be present on side elevations. Village core buildings can have minimal windows on the sides and rear of the building. (3) For village core buildings, windows or glass storefronts are required on elevations facing a street. Storefront windows (large windows located on the façade with the main entrance) shall comprise a maximum of 50 percent of the façade width. (4) The size of any individual plate glass panel for store front windows is limited to 32 square feet. Panels may be grouped together with heavy mulls separating the panels. Glass storefronts must be a minimum nine feet zero inches in height. (5) Storefronts on the street frontage may be built with entryways recessed from the sidewalk, but not exceeding 50 percent of the façade width. (6) Façades with a storefront shall have a contrasting masonry base one through six inches to two feet feet in height. (7) Windows not located on the façade must be true divided lite (real muntins, or TDL), simulated divided lite (glass sandwiched between glass, or single divided lights-SDL). They may be wood, clad wood, or polymer and must be paint grade. Industrial metal sash is acceptable (not to be used on residential doublehung type windows). (8) Tinted and reflective glass, GBGs (grill between glass), reflective gl azing, and pop in grilles are prohibited. (m) Shutters may be solid core polymers, or durable hardwoods. Vinyl, nailon, false wood graining and prefinished shutters are prohibited. (n) Village core doors can be wood or a combination of wood and glass. (o) Rural section doors shall be wood. (p) Garage doors must be utilitarian in character and may be wood or metal. (q) Plastic laminated, standard six panels stamped metal, and leaded/beveled glass lights are prohibited. Standard garage paneled doors are prohibited. Avoid faux strap hinges, and embellishments. (r) Chimney stacks must be faced in masonry material. Sheet goods, including hardboard stucco and siding, are prohibited on chimneys. Metal stacks are acceptable. (s) Porches are encouraged throughout the Birmingham Crossroads. Village core buildings are encouraged to have a one- or two-story porch on the street frontages or a marquee on the first story. Rural buildings are encouraged to have front porches that span at least 75 percent of the façade. (t) Porch columns must be wood, resin material, cast iron, brick, stone or masonry. Allowed column types are Greek Doric, fluted or plain. Full two-story and sheet metal columns are prohibited. (u) Railing systems shall be painted wood or metal. Railings must be simple, round, plain or tapered. (v) Synthetic and prefabricated railing systems, classical balusters and spindle-work, synthetic composition decking material are prohibited. (w) There shall be no pitch requirement for a roof. Villa ge core buildings must have low pitched roofs or must have flat roofs surrounded by parapet walls that screen mechanical units. Rural buildings must be pitched. (x) Allowable roofing materials are: (1) Wood shingles; (2) Wood shakes; (3) Standing seam metal; (4) Corrugated metal; or (5) 5-V paint grip galvanized metal or slate. Flat roofs may be membranes if not visible from the right-of-way. Prefinished metal roofs are prohibited. (y) Vents and stacks shall be painted and hidden from view to the greatest extent possible. Sec. 64-1348. - Colors. (a) All buildings shall meet these color standards. Earth tone and off -white colors are encouraged. All exterior building materials, architectural and decorative elements and sign structure colors m ust be selected from the list provided. Brick should be wood mould in the brown to Georgia red clay range. Mortar colors range from river sand to native clay. Nonhistoric brick textures and colors such as pink brick, salt and pepper effects are prohibited. (b) The numbers refer to the Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Permitted Colors Base Colors—Primary Building Material Pantone Colors Accent Colors— Allowed for Decorative Elements, Roof, Accents, and Sign Structure Pantone Colors 120C 1205C 160C 1815C 2915 400C 406C 404C 410C 413C 420C 466C&U 4645U 468C&U 4685C 4715C 482U 483C 490C 5455C 5477C 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U Permitted Colors Base Colors—Primary Building Material Pantone Colors Accent Color—Allowed for Decorative Elements, Roof, Accents, and Sign Structure Pantone Colors 421-422C 435C 4495C 450C 452C 4525C 4535C 4535U 4545C 454C 4545C 549U 5773C 5787U 5793U 5803U 5807U 5855U 5875U 607 608 623U 726 Warm Grey 1-4 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 Secs. 64-1349—64-1367. - Reserved. Subdivision IV. - Existing Historic Structures Sec. 64-1368. - Applicability. This subdivision includes all structures identified in the 199 6 Historic Resources Survey. Sec. 64-1369. - Requirements. (a) Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. (b) New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. (c) The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. (d) Where the severity of deterioration requires replacement of a distinctive feature, the new fea ture shall match the old in design. Secs. 64-1370—64-1388. - Reserved. ~ -INTEROFFICE MEMORANDUM - TO: Mark Massey, Clerk to the Commission FROM: Steven R. Cover,. AICP, Directol:C_ Environment and Community Development o -r -' ` DATE: February 16, .2005 FULTON COUNTY SUBJECT: Clarification of Zoning Condition 1.a. Petitions _2004Z -0.116 NFC & 2004VC-0178 NFC Birmingham Highway CONSENT AGENDA - March 2, 2005 FOR SPREADING ON THE MINUTES, ENVIRONMENT ARID COMMUNITY DEVELOPMENT =- 'Clarification of Zoning; Request approval of -Clarification of Zoning condition pursuant to petitions 2004Z -0116 NFC and 2004VC-04 78 NFC. On November 3; 2004, the Board of Commissioners approved the above referenced petitions on 6.63 acres within the southeast quadrant of the Birmingham Node at a maximum density of 1,266.97 gross square feet per acre zoned for retail, service commercial uses and 6;671.2 square feet per acre for office uses. However, the ratified conditions included the wrong. acreage and square footage. Condition 1.a. should be changed to reflect the appropriate acreage and square footage approved by the Board of .Commissioners within the southeast quadrant of the Birmingham Node.. Therefore,. pursuant to petition 20042-0116 NFC, condition i .a. should read as follows:. Condition'I .a. 1, To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses; including all exterior foi3d and beverage service areas, on 6.63 acres. within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,266.97. gross: square feet per -acre. zoned for retail, service commercial: uses and 5,671.2 square feet per :acre for office uses or a.. total of 8,400 square feet of retail, .service :commercial and 37,600. square .feet. of office, whichever is less, but excluding, billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels; hotels, adult entertainment establishments, check cashing stores; pawn shops, coin operated laundries, convenience stares; video arcades; pouf halls, rria6sa9e parlors, nail saio.na; beauty salons,. barber shops; -flea markets, discount retailshops, roadside: vending, roadside produce stands or seasonal Mending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. cc -Board of Commissioners (7) Alice Wakefield, Deputy. Directw� Randy Beck, Planning Analysis Manager Abdul Akbar;. Engineering Applicant: A.G. Armstrong Development, LLC Representative: Larry Dingle File: 20042-0116 NFC . Wrlflxl f. %p I a nn erslc ases\Cl arif a ati0 ns.lC LA R 0427116 *Economic Development Department -Emergency Communications Departmente mEnvironment &Community Development■i`ire Department n. ®Parks & Recreation ■Police DepartmentoPublic Workso REV[Sr-D ALTERNATE CONDITIONS - 11,::3/04 If this petition is approved by the Board of Commissioners, it should he approved MIX. (Mixed .Use) CONDITIONAL. and AG -1 (Agricultural)! 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 Board of Commissioners. 1. To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses., including all exterior food and beverage service areas, on 8.5. acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 988.24 gross square feet per acre zoned. for retail, service commercial uses. and 4,423.53 square feet per acre for office uses or a total of 8,400 square feet of retail, service commercial and 37,600 square feet of office, whichever is less, but excluding, billboards, 'Fast food restaurants, gas and service stations, commercial amusements (cinemas not included.),. liquor package stores, motels, hotels, adult entertainment establishments; check cashing stores, pawn shops, coin operated laundries, convenience stores., video arcades., pool halls, message parlors, nail salons, beauty salons, barber shops,. flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIS! (Mixed Use) Conditional. b. Retail, service commercial. and/or office and accessary: uses; including all exterior food and beverage service areas, on 2.79. acres within the Southwest Quadrant of the Birmingham Neighborhood Node at a maximum density of 8,316.85 gross square feet per acre zoned or a total of 23,204 square feet, whichever is .less, but: excluding, billboards., fast food restaurants, gas` and service stations, commercial amusements (cinemas not included.), liquor package stores, motels,. hotels., adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stares; video arcades, pool halls, massage parlors; nail salons, beauty salons, barber shops, flea markets., discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. c. No more than 33 townhouse dwelling units on 8-.5 6;63 acres within the Southeast [Quadrant of the Birmingham Neighborhood. Node at a maximum density of 49 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care: facility on ;a-:5 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum KFH'{P:1PIanAnaiysistPiannerslCasesl04Z-116N.1.0} Petition: 26042. 01 16NFC 2004V.0-0178 NFC `Revised size & Letter -of -intent received 10/26/64 RIA: 286-171 NrC. Wnied:i 11aVO4. BOC Meeting: 11103104 WRAP-UP 9-1 density of 4-r4 1,508.3 gross. square f6-, per acre zoned. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A community park, community septic system and. residential development on one acre minimum lots on 13.587 acres outside the Birmingham Neighborhood Node within the southeast quadrant of the. intersection of Birmingham Highway and Birmingham Road said acreage is to be zoned AG -1 (Agricultural) Conditional.. e. To provide an executed copy of a Deed of Conservation Easement between the landowner and a third party which maintains the park in perpetuity prior to the issuance of the first Certificate of Occupancy for the development. f. Provide a minimum heated. floor area of 1,500 square feet per dwelling unit. 2. To the owner's agreement to abide by the following: a. To the revised site plan dated October 28, 2004 (Petitions 2004Z-01 16 N.FC and 2004Z-0043 NFC combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the. Zoning 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. b. Limit developrnent.to a maximum of 15,000 square feet of office uses and a maximum 15,000 square. feet of retail uses until such time as a LDP {Land Disturbance Permit) is issued on property pursuant to zoning petition 2004Z- 0043 NFC. 3. To the owner's agreement to the following site development considerations for townhouse units: a. No more Man two (2) exitlentrarices on The south side of Hickory Flat Road. Curb cut location and alignment. are subject to the approval of the Fulton County Traffic Engineer. b, No more than one (1) exit/entrance on the south side of Birmingham Road. Curb cut location and alignment are subject. to the approval of the Fulton. County Traffic Engineer. C. No more than one ( 1) exit/entrance on the seu44 )hest side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. K F H 116 Kan Cas 16N.10) Petition: 2004.2- 0116 NFC 2004VC-0178 NFC. "Revised site & Lettor-of-intent resceivad 1.0128104 RIA:: Z88-1.71 NFC Pr3nte�:trtl2Z(Oa .. 80C )Meeting; 11103/04 WRAP-UP 9-7 d. No residential lot shall be allowed direct acce�,. to Birmingham Road or Birmingham Highway. e. Reduce the 75 -foot buffer and '10 -foot. improvement setback along the east property line of the southeast pod to a 10 -foot landscape strip planted to buffer standards. (2004VC-0178 NFC - Part 1.) 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a, Reserve. for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan.. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area.. of reservation. All required landscape strips and buffers may straddle the reservation line so that the reservation line bisects. the required landscape strip or buffer. At a minimum, 10 feet of the required landscape. strip or buffer shall be located outside the area of reservation.. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation. 55 feet from centerline of Birmingham Highway (SR 372). or as may be required by the Georgia Department of Transportation; 45 feet from the centerline of Hickory Flat Road; and 45 feet from the centerline. of Birmingham Road. la. Dedicate at no cost to Fulton County along the entire property frontage, prior to. the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way; and dedicate at no cost to. Fulton. County such additional right-of-way as maybe required to provide at least 10.5 feet of. right-of-way fro"rrl the. [hack. of curb ot. all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved. 30 feet from centerline of Birmingham Highway (SR .372) or as may be required by the Georgia Department of Transportation. 30 feet from the centerline of Hickory Flat Road;.and 30 feet from the centerline of Birmingham Road. c. Provide a deceleration lane for each project entrance or as may be required by the Fulton County Traffic Engineer. K F K (PA PIanAnalysislPlannerslCases1042-116N.10) Petition: 20042- 011.6 NFC "Revised site: & 101215104. Printed: t 1122M4 WRAP-UP 9>3 2_004V0178NFC RIA: Z85-171''NFC. BOG Meeting: 11103/014 d. Provide a lef-t turn lane for each project entrant... or as may be required by the Fulton County Traffic Engineer. e. Provide signalization at the intersection of Birmingham Highway and :Hickory Flat Road/Birmingham Road as required by the Fulton County Traffic Engineer. f. Provide a traffic impact mitigation plan to reduce the number of vehicular trips generated by the development to the Fulton County Traffic Engineer at the concept review phase. g. lrnprove intersection of Birmingham Highway/Birmingham Road and Hickory Flat Road. per .Fulton County Traffic Engineer. h. Provide roundabouts on Birmingham Road at the project entrances to eliminate the requirement for additional turn lanes or as may be approved by the Fulton County Traffic Engineer. 5. To the owner's agreement to abide by the following: a. Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer. A signed copy of the results of those meetings will be required to be submitted along With the application for a Land Disturbance Permit. b. Prior to submitting the application for an LDP, arrange an on-site evaluation of. existing specimen trees/stands, buffers., and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted .along with the application for an LDP. C. Prior to submitting the application for an LDP, the developerfengineer shall contact the Public Works Department, water Servjces Division, and arrange to meet on-site with an engineer from the. Surface Water Management Program (SWMP), who its responsible for review of Storm Water Concept .Plan .submittals. d: Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWIVIP, through the Development Review Division, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water. The concept pian shall. specifically address the existing downstream. off-site drainage conveyance .systemis7 that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to KFH (P:1PI6nAnalysislPlannergs Cases\04Z 116N.14) Petitign: 20042. 4116 NFC 2004VC-6178 NPC "Revised site & Letter-nf-lntent received 16/26/04 RVA: 285-171 WC Peincecr,t1122roa BRC }Meeting: 11/03104 WRAP-UP 8-4 the offsite of linage system(s) and/or appropriaL. receiving waters.. As part of the Storm Water Concept Pian submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint. The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts., etc. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer's field observation, professional judgment and limited field survey data. The analysis shall identify the downstream properties pre and post development 100 -year water surface elevations, and for any post development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100 -year storm flow through impacted properties where Fulton County has completed a. model of the basin, it shall be used by the developer in the analyses. e. Where. storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line; such. discharge shall mimic pre -development sheet flow conditions. A description .of the method proposed to achieve post -development sheet flow conditions shall be provided as part of the Storm Water Concept Flan. Should. the. method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a paint down gradient at a live dry weather stream sufficient to contain the 25 year storm flaw or other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse. f. A draft of the Inspection and Maintenance Agreement required by Fuiton County Code Section 26-278 shall be submitted to the Department of Public Warks with the Storm Water Concept Plan. g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed and cleaned., if necessary, on a monthly basis., by the owner. The Inspection and Maintenance. Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies)., including a description of a permanent marker past(s) which shall indicate that the level of sediment which, if exceeded, requires sediment. removal. KFH IP:ManAnaiysis\P18nnerslCasesiO4Z-1 16N, i 0� pet itio.n: 200442- 01' 1 B NF.C. 2004VC-6178 NFC "Revised site.& Letter -of -Intent received 10126104 RIA: Z8&-171 NFC ?FjM8ti:T1122J04 BOC Meeting; 111031D4 WRAP -OP 9-5 The Inspectiuti and Maintenance Agreement shat, require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not,. function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allover the facilities to function as intended. h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit or Building. Permit associated wiith.the development. i. The engineer/developer is required to submit; along with the application for an. LDP, signed documentation verifying approval of the Storm Water Concept Plan.. Where paved parking areas (including access aisles) are proposed to exceed 5,000.square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm. water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water .Concept Plan. A detailed design of. such facilities shall be: included in applicable documents for a land disturbance permit. k. With the application for an LDP, provide documentation (such as channel cross-sections., centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws. within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flaw, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post -development channel bank protection measures. The developer/engineer shall demonstrate to the County by engineering analysis submitted with the. LDP application, that the discharge rate. and velocity of the sterni water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre -development conditions for the 1 -year frequency storm event, up to and including the ten (10) -year frequency storm event. m. Drainage from all disturbed areas shall be collected and conveyed to a. storm water management facility provided as part of the development.. The Storm Water Concept Plan shall identify any proposed areas with incidental and KFH(P:1.PlanAhalysis\Plannersl.Cases1042-1. 1 W-1 O) Petition: 20042- 011.6. NFC 2004VC-0178 NFC "devised Sita & i_etter-at-Intent.recetY�d 1WZO104 R.?A: Z65-171 NFC PrirOd!1.1122104 SOC Meeting: 11/03/04 WRAP-UP 9-G minor release of Water not conveyed to suc.I facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance. permit shall show all proposed drainage: patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other minimal incidental flows specifically approved by the Director of Public Works, bypass flows will not he permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all but approved incidental flows from developed lots or parcels,. individual residences or building structures. n. Storm water management faciiity(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection in accordance with the Georgia State Storm water Manual; except that the duration of release for water quality treatment should be 48 hours. kFHI6N.10) °'Revised site & Letter-af-€rntent received 14126104 Prinie di t 1,T2/04, kNRAP-UP 9-7 Petitian: 20042- 0116 NFC 2004VE-0178 NFC. RIA: ZBS-171 NrC BOC Maeting; 11103104 ORDINANCE NO. 14-06-206 PETITION NO. ZM14703 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF -COMMISSIONERS APPROVING PETITION RZ04-116 ON .NOVEMBER 3,2004, PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND BIRMINGHAM.ROAD WITHIN LAND LOTS 379, 380, 413, 414,2N" DISTRICT 2 SECTION CONSISTING OF APPROXIMATELY 22.3 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 16, 2414 at 6:00 p.m. as foilows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition RZ04-116 that approved a zoning to Mix (Mixed Use) and AG -1 Conditional. property located on.Birmingharn Hwy (SR 3.72). and Birmingharn..Road consisting of a total of approximately 22.3 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions :hereby approved (including any site plan) do not r.. . 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 16" day of June, 2014. Attest- Sudie Gordon,, City Cle Approved: Joe Lockwo,46A48yor Page 1. of 10 RECOMMENDED CONDITIONS The Mayor and City Council approved. fhis:pet tion. The recomme.nded.conditi.ons (RZ04-116) have been revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows:: c. No. more than 33 townhouse and or singe family dwelling units on 6..63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximurn density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. 2. To the owner's: agreement to abide by the following: z, a: To tine revised life plan dated June 9, 2Q14eer-�':2004 i (Pa4itiGi 1111L0116 NFG GRGI 2GOA7_00A3 ee ���9 mb'nd submitted to the Department of ER iFG—RF eRt ^nd Community Development. Said sife plan is conceptual only and must meet or exceed the. requirements of the Zoning Ordinance °erg; 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 for townhouse units: C. . reguire conforLnonce with the Georgia Degartment f. Front Yard Setback; 10. feet, wovided_oorch_es_macy encroach uo to .5 feet_ " g. Rear Yard Setback.None. Page 2 of 10 h. Height.: There shail be a maximum height limit of two stories with the maximum h�eigt�t of 28 feet from average finished grade to the bottom of the roof eave. L A minimum of 80% of common wall shall be contiguous with each adloinin unit.. j. Units shall be rear entry access for vehicles via .alley ways. 4. To the owner's aclreement to abide by the following requirements, dedication, and im rovements: is Dedicate at no cost to the City of Milton or Georgia Department of Transportation (G DOT) prior to the: approval of a Land Disturbance. Permit, sufficient land as necessary to provide the following_ Provide at least 35 feet of right-of-way from the centerline of SR 3721Birminghom Hwy: along the entire property frontage or .as may be reauired by GDOT, ii. Provide b1cycl_e and_pedestrian improvements along entire. property frontage of SR 3721 Birmingham HM and Birmingham Rd according to cross sections in %Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as: approved by the City of Milton Public Works Department. iii. Provide a 50 foot wide pedestrian easement free of any structures or above around utilities for €uture gedestdan inter- .parcel access ori .the east orooerty`line on land lot 4:13 as reauired and approved by the. City of Milton Public Works Department: j. Access to the site and installation/modification of transportation infrastructure shall meet City of Milton Cade of Ordinances and AASHTO guidelines and subiect to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of:d Land Disturbance Permit. At aminimum, _provide: i. SB left turn Ione on SR 372 at new access drive s ii.. WB left turn lane on. Birmingham Road. Page3 of 10 r:. ;. iii.. EB deceleration lane on Birmingham Road iv. Entrance drivew❑ s shall be orovided at a rriinimum of 100 feet or the 95% ueue len fh as ma be a 1p proved by the Director of Public Works; of uhinferrupted. access. This distance shall be measured fr m the ed e of the thru lane on Birmingham Hwy ond�Birmingham Rd to the edge of any interior drive aisle or parking space. v. Entrance improvements on Birmingham Rd Shall be directly across from Publix Shopming Center existing driveway, k. Cross parcel access to the adjacent commercial tract, to the north should be provided through the commercial areas. Convert the public access right of way between the residential lots 1734 to private alley. 1. Eliminate the public right of way on all.alleys. m. Provide adeauate sight distance at all intersections:. eliminate on street perkino as necessary. mr.s,• Fi ; rt. All street im�arovements_ shall 'extend across the entire street frontage. L Sufficient right of way :shall be dedicated to ensure that all improvements are contained within the right of way. o.. Provide a minimum right of way of 1 ' behind the proposed„sidewalk throughout the development. P. Provide curbing as approved by the Director of Public Works. 5. To.the owner's agreement to abide:by the following: o. The stormwater manmement facilities shall utilize earthen embankmenfs where ossible. Walled structures are not encoura ed. If.wal led structures are proposed, fhev mus#_meet the acceptable design standards of the City of Milton Deipartment of Communit Development and the Deparfinent of Public. Works: i. Side: slopes for the stormwafer_ management facility shall be no steeper than 4:1 unless otherwise a roved b Public Works Director. Page 4of10 r? p. Owner shall be re wired to de velop a starmwater management plan, tc maintain water duality and rate of runoff to protect neighboring persons and, Property from damage or loss resulting from excessive stormwater runoff,_ pollution, soil erosion or deposifion upon private property or.pubiic sire ets or water tronsp,ofted silt and debris_ Owner .shall be reg_uired to have an_ approved stormwater concept plan prior to submission of a land disturbance permit application. 6. _ To the owner's agreement to the following site development considerations: a. Sin ie family defached lots shall rovida: i. Front Yard. Setback: 1.0 feet H. Side Yard Setback: Minimum 0 feet with a 10 foot buildin separation 1H. Rear Yard Setback: 10 feet iv. Minimum Lot Width: 30 feet v. Minimum Lot Fronto e: 30 feet vi. Height: There shall be a maximum height limit of two stories with t4e_ maximum height of 28 feef :from average finished grade to the bottom of the roof eaves vii. Units:sholl be rear entry access for vehicles via aIle WOs viii. Maximum lot width of 50 feet with variable lot widths encouraged. . _ b.. At which time that_50 ercent.of_the residential units .are`fss ed a Certificate of Occupancy, those areas shown ds commercial on the revised site plan submitted on June 9, 2014,. a temporarx landsca e plan shall be provided to the City Arborist for a rovol and installation and installed within 90 days. Also at such time. 507. of the residential units are issued a certificate of occupancy, the sidewolk and street trees shall be installed. c. Provide a village green on the south side of Birmingham Road that shall be a. minimum of 50 feet in width and a. minimum of 11.500 sci uare feet in areameasured accordin gTto- the currehf setback and an additional ] 500 square feet within the development. y' d. Provide internal pedestrian trails within the MIX and AG -1 districts to provide future connection_ with Birmingham Park:. ` Page 5 of 1.0 ;;; 7. To the owner's agreement to the follow[ ` architectural re virements for Eul,elresidential structures: a. . Architectural elevations shall be reviewed and approved by the City Architect -prior to the issuance of a building permit. These structures shall be consistent with consistent with the Characteristics of the Northwest Fulton Crossroads Community (Sec 64-11.50)(In the future will be referenced as the"R_ural Milton Overlay") and provide 360 degree architecture. L Design and architecture: shall be consistent with the attached illustrations elevations received June 9,:2014 by -the -City of Milton Community Development Department, b_ Sin ie Qable or hig frontrima builmass with the ossibilit of a subordinate secondary mass and/or a ,separate carriage house mass. Queen Anne "U' shaped roof mass 'is acceptable. Forms should reflect importance of function, i.e. prirriary mass should have taller ceilings and windows than corriage house; fenestrations [windows and doors) should be of noble size and proportion on arimaiy mass. C.. Design should be based on Vernacular forms:. See illustrations attached. ]`_houses are particularly appropriate to the area. Acadian influence can be seen in local examples (Hopewell. House). Acceptable styles include Vernacular and QQeen Anne. .Ornamental elements if used at all, should be .used, with restraint [Federal, Greek Revival, Carpenter_ Gothic, and Folk VictorianL d_ Row houses. should be of uniform character and finish, and aligned at the front_(`fhe Old Bricks, Roswell). Exuberant expressions should be avoided and instead compositions that are harmonious, beautifully proportioned and detailed should be utiliied. el Porch elements should face streets and public ways and spaces. i. Porch element may also be used within the rear yard_. They are usually subordinate to the -primary -building mass, but sometimes ate located within the mass LHooewelI House, Hembree. Farmhouse) . ii. Front porches rnay have a wooden gorch floors stem and shall have an o en crawl space. iii. Porches shall be a minimum of eight feet in depth. IV. Porches shall be on a maiority of the front elevations.. Page .5 of 1Q .............. z: V. Porches shall be supported on 1.8" masonry piers_ �4 f)� Corner lots shall have side porches or be designed with recesses and iprolec#ions as to di scou[m e a sin Q Ie lane or wall. a) Windows and doors (fenestration) should be of vertical proportions, both in terms of actual 'amb o penin @ s and individual pane size_ ii Panes should be of similar proportions. on the same. building,. roughly, the Golden. Mean. ii: Front doors with sidelights may be an excelpficn. Greek revival fret transoms and sidelights may be an exception.. iii. Windows must be of similar sizes and generally not ganged. .iv. Transom windows are prohibited apart from doors, and should never be used over windows. V. Shutters shall be authentic, fully operable and capable of totally closing on the window sash. lam) Chimneys should be expressed_ in brick or stone, .exfernai to the building mass and centered on gables. i) . Exterior trim shall be of local_ historic_ character. i_ Authentic, flat casings (full 2x4), restoration sills, full 2x corner boards, cornice assembiy.of 514 a nd: 2x. me m bers, authentic sash windows wifh SQL's or 7DL's, solid wood posts that dre chamfered and thick lar siding (Artisan :series Hardier are required on clapboard structures.. ii._ All exterior ventilation materials shall comply with the architectural period theme for the development. i) Wall finishes shall conform to the following.. ii. Authentic Board and batten may be used on secondary _masses. F. Flat panel materials with plied batons.are not allowed. iii. Wood mold brick of:reddish brown local. historic color, with little variatlon. Mortar may be river sand to clay in color. iv. Wall finishes on sides of buildings seen frorn a public road shall be the same on all visible sides V. Typically, brick is used on commercial buildings and row hhauses, but is also acceptable on houses as approved by the City Architect. vi. No more than 3 different exfierior wall materials. Page 7 of 10 A. Native field stone shall be permitted, k) Poured concrete as a finish may be acceptable with permission of the City Architect. i Roofs should be aabled with slopes from 6:12 to 1:0:1.2. i. Materials should be shake, wood shingle, or standing seam paint grip galvanized metal, or asphalt shingles as approved by the City. Architect. ii. Half round _Quiters_andround_downspouts in paint ar galvanized metal or unfinished aluminum. ml Exterior light „fixtures and door hardware.to be industriallrurai in. character or approved by the City Architect. n Landsca e should be historic. Plant materials should be native and/or historic. phis includes boxwoods, perenniais, herbs; fragrant shrubs. and native trees: ii. Hardsca e materials include ravel bfick or crushed stone with steel, brick, native rocks, or granite edgings: iii. Stone walls and oicket tYpe fences should be randoml introduced with a mix of materials and design. o) Prohibited materials and techniques, general: EIFS_ f exterior insulation finishing systems) plastic, GBG's (C.1411 betweenploss), aluminum exterior ra T ng s stems vin l coated products brick foundation that protrudes outside of the framed wall above d Went fireplace systems, chimney shrouds. Stove pipes of adequate size are allowed. Page 8 of 10 Ott: REVISED SITE PLAN RECEIVED oN JUNE 9,:2014 Page.9 of 10 OR ZM 14-03 LEGAL DESCRIP710N ALL THAT TRACT OR. PARCEL OF LAND lying and being in Load Lot 380. a 413 of the trio District,. 2"O.Section, Ofty of Ulton, Fulton County. G"16 Bnd being more partic0ady described as follaws: BegInring -at 6 comer common to Land Lots 390, 381,412 94.13;' heRce along the Land Lot line commDn to Lana 1-015 z 12 & 41 3..South 00 degrees 31 minutes 40 seconds Lest a dblance of 534.3A feet to a point; thence South -69 degrees 12 minuter. 3' 3 iezamds Vvm4 a. d Ista nce of 522.41 W to a point at. th4 centefte of a creek. thence: along said centerfina of creek the =nlimming towses and d Istanow. North 58 dWeas 14. rrftn utas 80 sQ cnnds.- West a d islwcs of is 1.14 Wt. to a point thence SotAh 84 &grem- 61 mi mop. 06 swords W&.t a disto hb6 of 54.41 fowk to a puu i I; thence N oith 55 ft r ees; 40 minutes 58 secunds Well a il6wnre cf 75.85 t" to.a. potatj mane South 4 3 degrees 31 mimes V. seconds West a dis-.ance of 28.0t, feet to a. potnt- thence . e North 34 degas21 minutes; 4 . I seconds Wast a distance of 7.2A6 feet. to 9 Irt Umnce South 76 deg r"s 65 m1nat" 44 swords West. a d Mama of. 139.09 Fe.4i to a point Vience Nodh 38 dcg=o 40 m1mAcs 48 scoonds Wcatz dL-Imn= of 4 MM fact to an the,Ne leaving. isald wrack U) a Puk 11, 11m i0i. Nut U i 11! deVi evs 26 i i iirw Itis 52 siwwtids Wusl a distance of 100.24 ftet to a po.wit; thence North -83 degmes.12 minLite6,41 seoonds Wesi a d istance 4 325:74 &el to:b point on the easterly line of Birminghmn Hwy (Apparent 4V RAW); thence slong &Nd r1aft-of-way fifto IN" 02 d6opaax 46 mitsLdm& M%riownds East a distance of 71 b:03 feet to a poiat% thence leaving said 4MLcUivay lha North 07 degrees 33 minutes 30 seconds East:.a distance of 37&14 lGiot to a : Point, th6noa mrih 0:iog rees U rnirluWs 40 saomft Ent a distaACO of 17`8.60 feet !a a oblnj'On the aoAhesly dgK-of-viay Vie of tinninG ham Read (Appmni fi[V RPN),.harm a Inno Raid rig Itt. nfwway inp. Rat ith 74 14 minutes 42. 6"onds East Et d istanr a of 214 -09 f a aUti a point; thence leaving Esid flght-ot- way ffne South 04 dagmes 08 minutas M seconds West a distance of .525.8 7 fast to I paint; thence North 8,8 degrees W m Intrte a 57 Seconds: East a d Istanue of 708.68 f eet to a Kir t and the POINT OF BEGINMN& lMd tract co nts i6ing 22,30 more or less. Page 10 of 10 .. .. .. ........ .. ...... RECEIVED at r it 7r 10-1 C11 -Y c.ommt;uir, 0178101N -mm I- z C, Z LU DO >eu Z. > LLF IL 0 ot LLI 3-- o 3.�4I I I IL 1-11 1 A.A. I w � } � / Li � \ � ƒ % LL Q » �& J \ §» = 02 u � cl (L 00 \j uj 71- a: u NJ 7y- cr LL LU ....... . .. z. LLJ CC ....... . .. E gm, Q- �4- gm, No Text No Text No Text m z > LL, Ej cr Page is too large to OCR. Page is too large to OCR. ffi TORGRfM��� G. Douglas Dillard 404-665-1241 March 29, 2018 Via Mayor Joe Lockwood and Members of Milton City Council City of Milton Milton City Hall 2006 Heritage Walk Milton, GA 30004 Re: ZM18-OIIVCIB-04 Dear Mayor Lockwood. and Members of Milton City Council.. E-mail dd i I la rd@pftlegal,com I am writing this letter to clarify issues that were raised at the March 19, 2018 City Council meeting. As you know, the subject property was. or €ginally zoned .in 2004 as part of a larger mixed use project. at Birmingham Crossroads. The concept approved in 2.004 permitted a mix of non-residential and residential uses:€n general accordance with policies adopted in the Birmingham Crossroads Master Pian. In 2014, the plan was modified. by the City of Milton and additional conditions added, but the mixed use:nature of the project was maintained. The project that is currently before you is nearly identical. to the concept plans Previously approved for this project. In fact, the proposed project is significantly less dense that! what was previously approved for the property, as explained in Table 1.0 below. Specifically, the. current plait proposes 8 fewer residential units on the MIX portion of the property and shows all residential units within the entire development being single-family detached homes (i.e. no townhomes). Additionally, the proposed project is consistent with many of the goals and policies of the Birmingham Crossroads Master Plan.. A. Village Green"that shall be 13,000 square feet." p.. 30. Detention faciINes shall have a naturalistic design and grade that serve as an amenity to development. p. 31. ® Utilization of internal road systems to minimize. curb cuts on the minor arterials. p. 41, ® Inclusion of trails within the development. p, 44. "Design.of all buildings shall have a pedestrian scale by having architectural detailing, variation in.building massing, visual variety, and street -orientation." p. 44 ® "Sidewalk, alternative pathways,.and path connections from nearby agricultural and residential uses shall be made to the greatest extent passible.' p. 45: 110194921;1 I :.04.816,4&,90.1 NRO1AE-N ADE, S01FE 1200. `.:?3o PEACH FREE 53. N, E., ATI..ANTA,. GA 303.09 [ Www,p1t]egaLeo rA Table 1.0 Approved 26 644 V 2014 2018 (current Difference Development request) Den i!y 33 townhomes 33 townhomes 25 single-family -8 _.._., Residential approved (MIX); and/or single- detached homes townhome 11 single-family family homes (MIX); 10 single- s/SF detached homes (MIX); q single- family detached rlMIX) (AG -1) family detached (AG -1) (AG -1) No change to density _- - lig AG -1* Office: 4,423.53 ' Office: 4;423.53 Office/Comr,nerc Commercial] sq. ft./acre zoned sq; ft./acre zoned. ial/Retaail: Total Non- or. 37,640 square or 37;600 square square footage not residential feet, whichever is feet, whichever is to exceed the less (MIX) less (MIX) amount previously approved Retail/Service Retail/Service Commercial: Commercial: 988.24 sq. ftjacre 988.24 sq. ft./acre zoned or 8,40.0 zoned or 8,400 square feet, square feet, whichever is less whichever is less (MIX) (MIX) Daycare Facility; 10,440 sq. ft, TM (MIX) Th.e site plan does The site plan does The site plan does Site Plan not show any not show any not show any Nates buffer between buffer between buffer between the MIX and AG -1 the MIX and AG -1 the MIX and AG -1 zoning districts zoning districts zoning districts *There are no zoning conditions explicitly limiting residential density on the AG -1 property, Specific conditions of zoning control over conceptual zoning site plans. Courts favor the free. use of property and any restrictions on property must be in.. the "four corners of the. rezoning resolution." Cherokee County y_ Martini, 253 Ga. App. 395, 395 (442).The "owner of land in fee has the right to use the property for any lawful purpose. Since zoning ordinances restrict an owner's right to freely use his property; they are in derogation of common law. Thus, they must be strictly construed in favor of the property owner and. never extended beyond their plain and 0oiza9za;a explicit terms. Any restrictions must be clearly established, and ambiguities in the language. of zoning ordinances should be resolved in favor of the free use of property. Martin, 253 Ga. App, at 396 (internal citations removed). In 2084, the conceptual site plan showed 11 single-family detached lots on the AG -1 property. In 2014, the conceptual zoning site. plan showed 9 single- family detached lots on the AG-I..property. There are no specific zoning conditions on the property which. limit the number of single-family detached: lots on the AG -f. property. The site plans approved in 2.004 and 2614 moth noted that the site plans were "conceptual only and must meet .or exceed the. requirements of the zoning Resolution [Ordinance] and these conditions..." The number of single-family homes lots that can be placed on the AG -1 property is controlled by how the property is laid out while complying with the approved conditions of zoning, AG -1 district, relevant overlay districts, and the subdivision and development codes. Because of .this, arguably a zoning modification request to change the site plan because of a change to the AG -1 layout is not required. It should also be noted that a local government has "the duty and.obiigation to work with property owners to allow them the highest and best use of their property, by considering on its own motion ways in which the county's objections to a proposed development could be eased by county action.".DeKalb Coun v.FI nn 243 Ga. 679, 581 (1979). The character of the land in question is a central factor in this analysis. In fact, a Georgia property owner is entitled to have a zoning application "'scrutinized in light of the character of the land in question and the impact of the zoning decision upon [the] property owners' rights. A.failure. to afford this scrutiny under the facts in evidence amounts to a denial of due process." Sellars v. Cherokee County, 254 Ga. 496, 497 (1985). Here, it is unclear why City staff has recommended denial of the proposed site plan and. buffer reduction, considering the proposed plan is (1) far less dense than what was previously approved, (2) all homes are how single-family detached,.thereby eliminating the need for a buffer between like uses, (3) the plan is nearly identical to the plans approved by the County in. 20.04 and the City in 2014, and (4) the plan is consistent with the.goals and policies of the Birmingham Crossroads Master Plan. In their staff report, staff notes the need for a transition between the MIX and .AG -1 zoning districts.. However, the proposed use within these districts is identical— single4amily detached homes. Although not formally characterized or labeled as a transitional buffer, there. is significant separation between the AG -1 residential lots and the MIS( residential lots, most of which is proposed to be open space/greenspace and park areas around the detention amenity/water feature. Moreover, if a 75 -foot undisturbed buffer is placed between the AG -1 lots and the MIX lots, an additional curb cut will be required on Birmingham Highway to access the. AG -1 lots. During the hearing last week, Council seemed to be unsure regarding what can be.built on the property pursuant to the 2014 action by the City. As shown in Table 1.0; the property .is currently approved for 33 townhomes and as many single-family detached. lots as will #it within the AG;1 zoning district standards (as there is no condition limiting the number of single-family detached lots in the AG -1 district). The conceptual plan.presented to and approved by the Mayor and City Council in 2014 showed 42 residential units. Here, we are proposing 35 single-family homes, which is a reduction in what: could otherwise be built on the property, 00114923;1 3 Finally, comments have been made about the applicant seeking a transitional buffer variance in order to Increase density on-site. This is wholly inaccurate. Even if the transitional buffer between the AG -1 zoning district and MIX zoning district was accommodated, the Applicant could still construct 30 townhomes and 11 single-family homes under the current conditions of zoning. Again, the conditions of zoning control over the conceptual zoning site plan. By way of explanation and example, the Applicant went through the exercise. of preparing a site plan to show what could be constructed under the current zoning conditions with the 75 -foot transitional. buffer and 10 -foot improvement setback. This site plan is attached hereto at Exhibit 1 C'by right" plan). In addition to the "by right" plan being denser than what was previously approved, the "by right" plan also lacks the mixed use character envisioned in previous approvals and in the Birmingham Crossroads Master Plan: The stormwater detention facility is no longer a shared arnen14 between residential uses, there is no interparcel connectivity, and an extra curb cut has to be installed along Birmingham Highway to serve the AG -1 lots since these are now wholly separated from. the rest of the project. By forcing separation between the MIX and AG -1 parcels; the City would actually be going against many of the goals and policies of the Birmingham Crossroads Master Plan. Conclusion The.Applicant's proposed pian is more closely aligned with the vision of the Birmingham Crossroads Master Plan than what would otherwise be allowed on the property with a 75 -foot transitional buffer. The proposed. project is significantly less dense than what was previously approved for the property; as explained in Table 1,Q below. Specifically, the current plan.proposes S fewer residential units on the MIX portion of the property and shows all residential units within the development tieing single-family detached homes (i.e. no townhomes). For the foregoing reasons, we ask that you approve the above. -captioned zoning applications as proposed by the Applicant, We would. like to meet with each of you prior to the April 23 City Council meeting. We will reach out separately to schedule the meetings. Thank you and please contact me with any questions. Sincerely, PURSI_EY FRIESE TORGRIMSON G. Douglas If d Enclosures cc: Kathleen Fields, via email Robyn MacDonald., via email Ken.Iarrard, Esq., via email Tad Braswell, via email 003.1490;s 4 L31HMINGHAM A.K.A. 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I1=111-11—1 11=1 11-1 11=1 I -- 1I 1-1 I I ill -1 I I i I i—III-1 I ISI �� 111 11=III i I -III 111=1 I -- IE1l1 I i —1I 1 1I�=1I I-1I�-1 zip _=1 11=1 11=1 11=1 III I E� 111 ali III -III I —1 I I-1 11-1 L I-1 II=II1=1 11—III 111=III -III-11'� I I I—I i t I I=1 11 I I 1-1 I 1° o —111-111-11�-111 111 111 m s� 1111 1=f 11=1 I IP M 111 III -III III -111 III=1 i g� yg I I I-1 I I-1 11-1 I I—I C-111 111-111 il.�_Ili IIS : -T .:.' t Northwest Fulton Overla� DIVISION 8. - BIRMINGHAM CROSSROADS OF THE NORTHWEST FULTON OVERLAY DISTRICT Subdivision I. - In General Sec. 64-1294. - Purpose and intent. The city council hereby declares the purpose and intent of this division to be as follows: (1) To implement the Birmingham Crossroads Plan, the Birmingham Design Guidelines and the 2015 North Fulton Comprehensive Plan "Maintaining the Rural Character in Northwest Fulton County. (2) To implement village type pattern development at the Birmingham Crossroads by having buildings with a pedestrian scale, variation in building size, architectural detailing, variation in building massing, and street orientation. (3) To protect at least ten percent of the Birmingham Crossroads as open space. To have a village green incorporated in the development of the Northeast and Southeast quadrants of the Crossroads that gives the continuous appearance on both sides of Birmingham Road. (4) To promote a pedestrian oriented development by dividing the land in the Birmingham Crossroads into small walkable blocks with the construction of an internal road system. (5) To balance the needs of pedestrians and automobiles by incorporating on -street parking, crosswalks, pedestrian crossings, landscape strips, alternative paths and sidewalks along existing and internal roads. (6) To contain development at the Birmingham Crossroads, within the physical boundaries of 27.1 acres, by placing septic systems at the perimeter of nonresidential development and then by having a buffer at the exterior of the septic systems. (7) To encourage the preservation of historic resources and to encourage incorporation of historic resources identified in the 1996 North Fulton Historic Resources Survey into new developments. (8) To encourage the preservation of the rural area by preserving the night sky. Sec. 64-1295. - Birmingham Crossroads regulations. (a) The Birmingham Crossroads is a section of the Northwest Fulton Overlay District. This division applies to all parcels included in the Birmingham Crossroads Plan of March 3, 2004, excluding single -residential uses_ (b) The Birmingham Crossroads is located at the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. The boundary of the Birmingham Crossroads section of the Northwest Fulton Overlay (i.e., this division) shall include all parcels within the outlined area on the following map. The Birmingham Crossroads section of the Northwest Fulton Overlay is 27.,1 acres and contains the historic mixed-use center of Birmingham and land surrounding it. (c) If standards are not specified in this article, then standards of the Northwest Fulton Overlay District (division 6 of this article) shall apply. If standards are not specified in the Northwest Fulton Overlay District, then this zoning ordinance shall apply. (d) Whenever provisions of this division conflict with any other division in this zoning ordinance or any other city ordinances, regulations, or resolutions, these standards shall prevail. Sec. 64-1296. - Design review board. The City of Milton Design Review Board as set forth in section 64-1120 of this zoning ordinance shall review all plans for development in Birmingham Crossroads for compliance with the standards herein and "the Birmingham Crossroads Guidelines" and shall make recommendations to the community development department prior to the approval of a land disturbance permit, building permit and demolition permit for both residential and nonresidential structures. The design review board shall only make recommendations to the board of zoning appeals for primary variances. Secs. 64-1297-64-1315. - Reserved. Subdivision II. - Development Standards Sec. 64-1316. - Streets. (a) Notwithstanding the provisions of the city subdivision regulations (chapter 50) and requirements of the city transportation engineer, existing and new streets within the Birmingham Crossroads shall conform to the design standards and location criteria set forth in the remainder of this section. When these standards conflict with the state department of transportation (GDOT), the state's standards may prevail. (b) The Birmingham plan calls for the existing roads: Birmingham Highway, Birmingham Road and Hickory Flat Road to promote village and pedestrian oriented development by balancing the needs of pedestrians and automobiles. e.vr. ax 1 SOUMOM" CROSM40S xvh6 Enitmg toad C toss action (1) Existing roads. The existing roads, Birmingham Highway, Birmingham Road, Hickory Flat Road, shall meet the following standards: a. Minimum landscape strip: six feet. b. Minimum sidewalk width: six feet. c. Building setback: ten feet maximum in the village center and 20 feet maximum in the rural section. d. On street parallel parking: eight feet wide on county roads and bulbout at the intersections when possible on county roads. e. Internal road cross section. BNJwvGMM1 df. !R6 Internal Road Csoss section (2) Internal road system. Each quadrant shall have an internal road that will link two existing roads. Curb cuts from existing roads shall be minimal. Instead access to each quadrant shall be from an internal road. Internal roads shall meet the following standards: a. Travel lanes: ten feet. b. Minimum landscape strip: six feet. c. Minimum sidewalk width: five feet. d. Building setback: zero to ten feet maximum in the village center and 20 feet maximum in the rural section. e. On street parallel parking: seven feet wide. Sec. 64-1317. - Landscaping. (a) Specimen trees should be preserved to the extent possible. The landscaping shall reflect the rural context. It should be simple, informal, naturalistic in design and use native and naturalized vegetation. (b) Shade trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the city tree preservation ordinance and administrative guidelines (article Ill of this zoning ordinance). The state department of transportation may have some limitation on the planting of street trees along Birmingham Highway. (c) Street trees may be counted towards the required tree density for a site as approved by the city arborist. (d) Street trees shall be trimmed up seven feet to not impede pedestrians. (e) Streetlights and pedestrian lights may be placed in the landscape strip. (f) Landscape islands in parking lots shall meet the standards in article III of this zoning ordinance. (g) Street trees shall be a minimum of four -inch caliper or as approved by the city arborist. Sec. 64-1318. - Sidewalks and pedestrian paths. (a) Sidewalks or pedestrian paths are required along all public and private road frontages and may meander around existing trees subject to the approval of the city arborist. (b) Pedestrian paths may be installed instead of sidewalks as approved by the director of community development department. (c) Sidewalk widths shall be a specified in section 64-1316, pedestrian paths shall be a minimum of five feet wide. They shall be made out of a hard surface material such as concrete, brick or pavers. Paths may be gravel or gravel dust as approved by the community development director. (d) Sidewalks for all new projects should connect with existing walks, where applicable. (e) Paths from the sidewalk to the buildings, between buildings, and to parking lots should be established with minimal interruption by vehicular circulation, parking lots, and service areas. (f) Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. (g) To the extent feasible, paths shall be designed to connect to existing or future paths and to developments adjacent to the crossroads. (h) Sidewalks and pedestrian paths shall be indicated on the site plan submitted at the time of the application for a land disturbance permit. Sec. 64-1319. - Street furniture. (a) The Birmingham Crossroads shall have consistent streetscape furniture including, but not limited to: (1) Benches; (2) Trash baskets; and (3) Newspaper dispensers. (b) If provided, street furniture shall be located outside of the minimum sidewalk width of five feet. (c) The design of the streetscape furniture shall be timber form construction as suggested in the design guidelines and is subject to approval of the director based on a recommendation of the Northwest Fulton Design Review Board. (d) Hardscape elements such as wider sidewalk plazas, street furniture such as benches; fountains, tables and chairs, and trash receptacles may be located in the required front yard and side yard setbacks. Sec. 64-1320. - Streetscape lighting. (a) A single style and color of light fixtures and poles should be used throughout the Crossroads development. It shall be compatible with the streetscape furniture. (b) The design of the streetscape lighting should have a galvanized metal hood, with black pole, arm and brace as suggested in the design guidelines. Lighting fixtures are subject to approval of the manager based on a recommendation of the Northwest Fulton Design Review Board and per the approval of the city community development department. (c) All lighting should be fitted with cut -fixtures to prevent light spillover. (d) Pedestrian lighting shall be a maximum of 15 feet high. They should be installed at 40 to 60 feet intervals along sidewalks with a maximum two -footcandle power. (e) The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a land disturbance permit. (f) All exterior lighting fixtures (luminaires) shall be either full cutoff or cutoff type. (g) Light trespass (spill light) at a residential or nature preserve property line shall not exceed 0.1 footcandle vertical at three feet above grade. Light trespass at other property lines shall not exceed 0.5 footcandle vertical at three feet above grade. (h) Light levels in all areas may not exceed the recommended limits or values established by the IESNA Handbook, 8th edition. (i) Externally illuminated signs must be illuminated from the top -shining downwards, not exceeding 15 footcandles. (j) Up lighting of flags, steeples, monuments and buildings must use narrow beam, shielded luminaries not to exceed seven footcandles. (k) For drive -under canopies and pump islands, the average horizontal luminance on the pavement shall not exceed seven footcandles under the canopy. The luminaire shall be recessed into the canopy ceiling so that the bottom of the luminaire does not extend below the ceiling. (1) Full cutoff luminaries only shall be used for all service and security lighting. (m) Sodium vapor luminaires (yellow light), promotional beacons, searchlights, laser source lights, strobe lights or any similar light, out -of -season lighting (i.e., Christmas lights), series, lines or rows of lights, flashing, changeable message or reader boards and lighting used for causing sky glow to attract attention are prohibited. (n) Lighting allowed under state and federal law, outdoor luminaries existing and legally installed prior to the effective date of this amendment, emergency lighting by police, fire, ambulance and rescue, and light sources for holiday decorations (but not outdoor seasonal sales) are exempt from the provisions of this zoning ordinance. Sec. 64-1321. - Screening. (a) To the extent possible, items shall be screened by placement to the rear of a building. (b) Dumpsters shall be screened from view from adjacent roads, sidewalks and paths. In addition, the dumpster shall be enclosed on three sides with a masonry wall. The wall should be faced with brick or natural stone and compatible with the adjacent architectural design, materials and colors. The enclosure shall be a foot higher than what is contained in the interior. To the extent possible, a common location for dumpsters should be used. (c) Loading and other service areas shall be located to the rear of buildings where least visible. Evergreen trees should be used to screen views of service areas. (d) Parking lots, bumpers, wheels and paving shall be screened with vegetation planted between 30- 36 inches tall. Evergreen shrubs should be used for low-level screening of parking lots, sidewalks. Berms without landscaping are not an appropriate screening technique. (e) Rooftop and building -mounted mechanical and electrical equipment shall be screened from view by a parapet wall or roof screen. If on the ground, equipment shall be screened with landscaping. Sec. 64-1322. - Fencing. (a) Allowed fencing types and materials are split rail, stacked stone wall or brick columns with horizontal boards, picket (not off the shelf variety), vegetative hedges, 3-4 horizontal board horizontal rail, horse wire (no climb two inches by four inches) and no climb wire (see examples and photos contained in subsection (c) of this section.) Posts shall be no more than six inches taller than fence. (b) Horse wire (no climb two inches by four inches) and chainlink fence around retention areas must be clad in black vinyl. (c) Prohibited fencing materials are; (1) Unclad chainlink; (2) Vinyl; (3) Polyvinal Chloride (PVC); (4) Aluminum picket; and (5) Metal. r I �nroe�►A� sr. r ni� ,'T -11 i!, !.ti• w,.i �.,r� ,. PUY tKd- :r nrl ..r�Lt--r— — VMYV 1k• (,6,al -- ..l:. �:•;► - -- '"_ = rvuUtd t�.N rn rr►aMn: r,Nl,r w. ',r1 Nrti r! 1 !iL►� r/110.111 16Mw1 hen 1 60d yk, 1,00 r►rn hall Sec. 64-1323. - Parking lots. (a) Parking lots shall be located behind and to the side of a building. (b) The amount of parking required by this city zoning ordinance shall be reduced by ten percent. (c) Parking lots shall be divided into small contained areas through the use of perimeter landscaping and canopy trees. Parking lot landscaping shall follow the standards of the tree ordinance (chapter 60). (d) Parking lots shall be surfaced with crushed gravel on appropriate base, asphalt, concrete, or exposed aggregate. Pervious materials such as gravel and grasscrete pavers (not bituminous paving) could be used and particularly in areas that have parking spaces in excess of the minimum amount required by the city. (e) Marked on -street parking shall be counted as part of the minimum number of required parking spaces.. Sec. 64-1324. - Open space. (a) A minimum of ten percent of open space shall be set aside in each overall development. This shall not include septic fields, detention facilities or landscape islands. To the extent possible, the open space should be clustered as one single open space. (b) Within land designated as retail services in the 2015 Land Use Map in the Northeast and Southeast quadrants, land shall be set aside as a "village green." The size of the village green in each quadrant shall be as set forth in the following table: Village Green Size per Qttadraiit uadrant_ Si t NE � 13,000 SE 13.000 (c) The village green shall be a simple lawn area canopy of trees serviced by sidewalks. There could be hardscape features such as plazas, benches, lighting and other furniture to serve pedestrians. The park should be designed to be an attractive day and evening setting for either individual usage or special community events. Sec. 64-1325. - Miscellaneous provisions. (a) Except as provided for in article IX of this zoning ordinance, the storage and sale of goods is prohibited in parking lots and other areas outside of the interior or permanently sheltered portions of a building. (b) LP tanks and ice machines are allowed outside provided they are screened from view. (c) Storage of shopping carts is allowed on the side of buildings without a permit. (d) Shopping carts shall be screened. (e) Hours of operations shall be from 6:30 a.m. to 11:00 p.m. (f) Freestanding fastfood restaurants are prohibited. (g) Except for one lane for a drugstore and two lanes for a financial institution, drive-throughs are prohibited. Drive-throughs shall be screened from view from the public right-of-way subject to the approval of the director based on a recommendation by the City of Milton Design Review Board and the city arborist. (h) Drive-ins/ups are prohibited. Secs. 64-1326-64-1344. - Reserved. Subdivision III. - Building Setback and Design Sec. 64-1345. - Applicability. (a) All nonresidential standards apply to existing and new structures; used for nonresidential purposes, within the area defined as the Birmingham Crossroads. (b) Buildings should be designed in conformance with traditional historic building placement and massing. Buildings may be executed using historic styles, or may be new and innovative interpretations of local architectural traditions. Details must be simple and concise, erring on the side of austerity. Avoid nostalgia and excess ornamentation, and strive for direct and bold expression. (c) Building designs are categorized as "village center" or "rural section" depending on their location within the Birmingham Crossroads. Village center buildings are to be located along the existing roads and within 400 feet of the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. Rural section buildings are to be located beyond 400 feet of this intersection. The location of both is indicated in the map below. Village center buildings shall be placed at the property frontage. The most prominent aspect design aspect is the street fagade. Rural buildings are placed away from the core line forming a more casual transition to the "countryside." Birmingham Crossroads Village Core - 400 ft Sec. 64-1346. - Building setback. (a) Village center buildings shall be set back ten feet maximum from existing roads and/or internal roads and drives. (b) Rural section buildings shall be set back 20 feet maximum from the property line. (c) Village core buildings shall be located at least 75 feet from the overall development boundaries. Sec. 64-1347. - Building design. (a) Buildings at the village center shall have village/main street characteristics (as shown in the following drawings a and b). Buildings in the rural section of the crossroads should have an informal rural design (as shown in the following drawings d and c). a- b. d • r i (b) Buildings shall have a variety in their size, massing, height (including two-story buildings) and detailing. Visual interest shall be achieved through the use of at least one of the following architectural element: balcony, porch, marquee, or fagade off -sets. (c) Buildings shall be oriented to sidewalk and street. (d) Primary building entrances shall face the sidewalk and street. Secondary entrances may be located on side and rear elevations. (e) Building fagades facing a right-of-way shall have buildings wall offsets, including projections and recesses, every 40 feet to provide architectural and visual interest and variety. (f) Trim, fenestration, materials and composition shall be present on all sides. The fagades of buildings in the village core may be more pronounced by the incorporation of architectural elements than other elevations. (g) The building materials applied to the front fagade shall continue in the same proportion on all exterior elevations. (h) Allowed exterior wall materials are horizontal lap siding, board and batten, wood shingle, wood mould brick, and stone. Metal shingle, corrugated or 5-V metal are allowed for agricultural style buildings in the rural section. Avoid novelty shapes on shingles. Clapboard must be wood or cementitious. Board and batten must be wood or cementitious. (i) Prohibited exterior materials are synthetic stone, concrete stone veneer, stucco and exterior insulation finish material, vinyl and metal siding. Prohibited trim materials are Howe casings, manufactured dentils, standard brick mould. (j) Allowed foundation materials are stacked stone, cut stone and brick. Rural foundation materials can be poured concrete finished with smooth stucco, brick, or stacked stone. Foundations may be formed out of poured concrete or concrete masonry units. (k) Porches shall have stone, brick or masonry piers. Concrete masonry units shall be finished in smooth stucco on masonry or concrete formed of horizontal wooden boards. (1) Windows. (1) Windows that open to the interior shall be included on elevations facing a sidewalk or street. Windows in the front fagade shall be predominantly vertical in orientation. (2) Windows shall be present on side elevations. Village core buildings can have minimal windows on the sides and rear of the building. (3) For village core buildings, windows or glass storefronts are required on elevations facing a street. Storefront windows (large windows located on the fagade with the main entrance) shall comprise a maximum of 50 percent of the fagade width. (4) The size of any individual plate glass panel for store front windows is limited to 32 square feet. Panels may be grouped together with heavy mulls separating the panels. Glass storefronts must be a minimum nine feet zero inches in height. (5) Storefronts on the street frontage may be built with entryways recessed from the sidewalk, but not exceeding 50 percent of the fagade width. (6) Fagades with a storefront shall have a contrasting masonry base one through six inches to two feet feet in height. (7) Windows not located on the fagade must be true divided lite (real muntins, or TDQ, simulated divided lite (glass sandwiched between glass, or single divided lights-SDL). They may be wood, clad wood, or polymer and must be paint grade. Industrial metal sash is acceptable (not to be used on residential doublehung type windows). (8) Tinted and reflective glass, GBGs (grill between glass), reflective glazing, and pop in grilles are prohibited. (m) Shutters may be solid core polymers, or durable hardwoods. Vinyl, nailon, false wood graining and prefinished shutters are prohibited. (n) Village core doors can be wood or a combination of wood and glass. (o) Rural section doors shall be wood. (p) Garage doors must be utilitarian in character and may be wood or metal. (q) Plastic laminated, standard six panels stamped metal, and leaded/beveled glass lights are prohibited. Standard garage paneled doors are prohibited. Avoid faux strap hinges, and embellishments. (r) Chimney stacks must be faced in masonry material. Sheet goods, including hardboard stucco and siding, are prohibited on chimneys. Metal stacks are acceptable. (s) Porches are encouraged throughout the Birmingham Crossroads. Village core buildings are encouraged to have a one- or two-story porch on the street frontages or a marquee on the first story. Rural buildings are encouraged to have front porches that span at least 75 percent of the fagade. (t) Porch columns must be wood, resin material, cast iron, brick, stone or masonry. Allowed column types are Greek Doric, fluted or plain. Full two-story and sheet metal columns are prohibited. (u) Railing systems shall be painted wood or metal. Railings must be simple, round, plain or tapered. (v) Synthetic and prefabricated railing systems, classical balusters and spindle -work, synthetic composition decking material are prohibited. (w) There shall be no pitch requirement for a roof. Village core buildings must have low pitched roofs or must have flat roofs surrounded by parapet walls that screen mechanical units. Rural buildings must be pitched. (x) Allowable roofing materials are: (1) Wood shingles; (2) Wood shakes; (3) Standing seam metal; (4) Corrugated metal; or (5) 5-V paint grip galvanized metal or slate. Flat roofs may be membranes if not visible from the right-of-way. Prefinished metal roofs are prohibited. (y) Vents and stacks shall be painted and hidden from view to the greatest extent possible. Sec. 64-1348_ - Colors. (a) All buildings shall meet these color standards. Earth tone and off-white colors are encouraged. All exterior building materials, architectural and decorative elements and sign structure colors must be selected from the list provided. Brick should be wood mould in the brown to Georgia red clay range. Mortar colors range from river sand to native clay. Nonhistoric brick textures and colors such as pink brick, salt and pepper effects are prohibited. (b) The numbers refer to the Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Permitted Colors Accent Colors— Base Colors—Primary Building Material Allowed for Pantone Colors Decorative Elements, Roof, Accents, and Sign Structure Pantone Colors 120C I 1807C 4975 4660&U E 1205C € I 2C -7C 553 4645U 1600 I 289C 5363 468C&U 18150 316C 539 46850 2915 401-405C I 548 i 4715C. 400C 407-412C 5467 482U 4060 412C 5743U 4830 4040 415-419C 5747U 490C 410C 423C 5757U 54550 413C424 -425C _ 5773U 5477C 420C 448-450C 58150 Permitted Colors Base Colors—Primary Building Material Pantone Colors Accent Color—Allowed for Decorative Elements, Roof, Accents, and Secs. 64-1349-64-1367. - Reserved. Subdivision IV. - Existing Historic Structures Sec. 64-1368. - Applicability. Sign Structure Pantone Colors 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 This subdivision includes all structures identified in the 1996 Historic Resources Survey. Sec. 64-1369. - Requirements. (a) Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. (b) New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. (c) The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. (d) Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design. Secs. 64-1370-64-1388. - Reserved. 44850 421-422C 57 3C j 4495C 435C 5787U 451C 44950 j 57930 45050 450C 5803U 4515-4525C 4520 5807U 455C 4525C I 5855U 4620 4535C 5875U j 4640 4535U 607 4760478U 45450 608 454C 623U 4840 4545C 726 491C f I Warm Grey 1-4 Secs. 64-1349-64-1367. - Reserved. Subdivision IV. - Existing Historic Structures Sec. 64-1368. - Applicability. Sign Structure Pantone Colors 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 This subdivision includes all structures identified in the 1996 Historic Resources Survey. Sec. 64-1369. - Requirements. (a) Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. (b) New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. (c) The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. (d) Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design. Secs. 64-1370-64-1388. - Reserved. CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Consideration of RZ18-08 - to amend Article XIX Crabapple Form Based Code to amend Table 1 Transect Zone Descriptions. MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IA PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,�ES () NO CITY ATTORNEY REVIEW REQUIRED: („ Jn ES () NO APPROVAL BY CITY ATTORNEY: (JXPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 L )13 12-' It 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@?dtyofmiltonga.us I www.cityofmiltonga.us 0000 NO To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – RZ18-08 – To amend Article XIX Crabapple Form Based Code to amend Table 1 Transect Zone Descriptions Date: April 1, 2018 for the April 23, 2018 Mayor and City Council Meeting (First Presentation on April 9, 2018, City Council Workshop on April 16, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to amend the T-4 Transect Zone description in Table 1 within the Crabapple Form Based Code. This proposed amendment will more clearly describe that this transect zone is intended to be mixed use as per the list of allowed uses in Table 9: Specific Function and Use and to eliminate the “primarily” residential statement which creates an inconsistency in interpretation. The amendment also includes allowing office uses within T-4 within Table 1 descriptions. This proposed change will further solidify the idea that a mix of uses will serve to promote a live, work, play downtown village in Crabapple. Staff recommends the attached version of Table 1. Results of the March 28, 2018 Planning Commission Meeting The Planning Commission voted 6-0 recommending approval of the text amendment with the following recommendation instead of Staff’s recommendation under T-4 General Urban: “T-4 General Urban Zone consists of a mix of uses which may be primarily residential and may also include Office and Commercial.” Also, within “General Character” the Planning Commission recommended to keep the word “scattered” in the verbiage. Legal Review: Paul Frickey - Jarrard & Davis (March, 2018) Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code and ordinance. Text Amendment – RZ18-08 prepared for the Mayor and City Council Meeting on April 23, 2018 (First Presentation – April 9, 2018, Work Session – April 16, 2018) 4/19/20184/17/2018 Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt TABLE 1: - Transect Zone Descriptions. This table provides descriptions of the character of each Transect Zone. T-2 RURAL T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. General Character: Primarily agricultural with woodland & wetland and scattered buildings Building Placement: Variable Setbacks Frontage Types: Not applicable Typical Building Height: 1- to 2-Story with some 3-Story Type of Civic Space: Parks, Greenways T-3 SUB-URBAN T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. General Character: Lawns and landscaped yards surrounding detached single- family houses; pedestrians occasionally Building Placement: Large and variable front and side yard Setbacks Frontage Types: Porches, fences, naturalistic tree planting Text Amendment – RZ18-08 prepared for the Mayor and City Council Meeting on April 23, 2018 (First Presentation – April 9, 2018, Work Session – April 16, 2018) 4/19/20184/17/2018 Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt Typical Building Height: 1- to 2-Story with some 3-Story Type of Civic Space: Parks, Greenways T-4 GENERAL URBAN T-4 General Urban Zone consists of a mixed uses but primarily residential urban fabricincluding Residential, Office, and Commerical. ResidentialIt may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. General Character: Mix of Houses and Townhouses with scattered Commercial and Office activity; balance between landscape and buildings; presence of pedestrians Building Placement: Shallow to medium front and side yard Setbacks Frontage Types: Porches, fences, Dooryards Typical Building Height: 1- to 3-Story Type of Civic Space: Squares, Greens T-5 URBAN CENTER Text Amendment – RZ18-08 prepared for the Mayor and City Council Meeting on April 23, 2018 (First Presentation – April 9, 2018, Work Session – April 16, 2018) 4/19/20184/17/2018 Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row-houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. General Character: Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement: Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types: Stoops, Dooryards, Forecourts, Shopfronts, and Galleries Typical Building Height: 1- to 3-Story Type of Civic Space: Parks, Plazas, and Squares, median landscaping ( Ord. No. 15-04-242 , § 1, 4-27-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ18-08 AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM BASED CODE TO AMEND TABLE 1 TRANSECT ZONE DESCRITIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 23, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Table 1 Transect Zone Descriptions in 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 23RD day of April, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: City Council DATE: April 17, 2018 FROM: Steven Krokoff, City Manager( ?) AGENDA ITEM: Consideration of Amendments to Chapter 2 - Administration, Article II, Division 2 - Meetings. MEETING DATE: Monday, April 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (-rAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: P<YES (J NO CITY ATTORNEY REVIEW REQUIRED: (YES (J NO APPROVAL BY CITY ATTORNEY: (,)/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: C`l1zs1?C1S 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@oityofmiltonga.us I www.cityofmiltonga.us 0000 N-4 1 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on March 30, 2018 for First Presentation on the April 9, 2018 Regular Council Meeting and Unfinished Business at April 23, 2018 Regular Council Meeting Agenda Item: Consideration of the Approval of Amendments to Chapter 2 – Administration, Article II, Division 2 – Meetings. ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance to amend the Rules and Procedures of public meetings held by the City of Milton, providing for an orderly process of conducting business, and for other purposes. Executive Summary: Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate the orderly conduct of public meetings. Such documents outline how meetings will be conducted and stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any government – soliciting public input and conducting public meetings. The rules and procedures were first adopted by the City of Milton on November 21, 2006 and amendments were adopted on January 18, 2007, June 21, 2007, January 10, 2008, September 15, 2008, September 9, 2009 and November 19, 2012. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: Ken Jarrard – Jarrard & Davis (April 1, 2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Rules and Procedures for the City Council Meetings and Public Hearings Page 1 of 12 DIVISION 2. - MEETINGS[3] Footnotes: --- (3) --- State Law reference— Open meetings and notice of meetings required, O.C.G.A. § 50 -14-1; meetings of governing bodies of counties and municipalities to be open, O.C.G.A. § 36 -80-1. Sec. 2-39. - Compliance with state law. (a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act, O.C.G.A. § 50-14-1 et seq. (b) All city records subject to the Georgia Open Records Act, O.C.G.A. § 50 -18-70 et seq., shall be available to the public. The city clerk shall comply with any valid requests under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., and prepare any materials requested. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 2), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 2), 2-15-2007) State Law reference— Open meetings, O.C.G.A. § 50-14-1 et seq. Sec. 2-40. - Subpoenas. (a) The city council, when sitting as a judicial or quasi -judicial body pursuant to public law, its Charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same rules as prevail in the superior courts, and any witness wh o shall fail to respond to the subpoena, or who shall refuse to testify under oath, shall be guilty of contempt. (b) The subpoenas as authorized in subsection (a) of this section shall bear witness in the name of the mayor; shall be issued by the city clerk; and shall be served by the chief of police, any police officer, or by such other person as the mayor may designate. (c) Should any person fail to respond to a city council subpoena, after having been lawfully served, without good cause, or should the person refuse to testify under oath, then the city council shall hold the person in contempt, and, in their discretion, punish the person by the imposition of a fine according to the maximum allowed by state law. Each of the failures or refusals herein d escribed shall constitute a separate contempt. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 5), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 5), 2-15-2007) Sec. 2-41. - Open meetings. All meetings of the mayor and city council shall be held in accor dance with the provisions of O.C.G.A. § 50-14-1 et seq. otherwise known as the Open Meetings Act (the "Act"). The public shall at all times be afforded access to all meetings other than executive sessions as defined at O.C.G.A. § 50 -14- 1(a)(2) and those assemblies exempt from the Act per O.C.G.A. § 50-14-3(a). Page 2 of 12 (Ord. No. 06-11-02, § 1(1), 11-21-2006; Ord. No. 07-01-04, § 1(1), 1-18-2007; Ord. No. 07-06- 33, § 1(1), 6-21-2007; Ord. No. 08-09-23, § 1, 9-15-2008; Ord. No. 09-09-49, § 1, 9-9-2009; Ord. No. 12-11-153, § 1, 11-19-2012) Sec. 2-42. - Executive sessions. Executive sessions of the council may be held for all purposes set forth in O.C.G.A. § 50 -14-3(b)(1), (2), and (4). Any portion of a meeting or assembly subject to the Act that does not fall within the purview of O.C.G.A. § 50-14-3(b)(1), (2) and (4) shall be open to the public. (1) Nonexempt topics. If an agency member initiates a discussion during executive session that falls outside the scope of those topics that may be discussed pursuant to O.C.G.A. § 50 -14- 3(b)(1), (2) and (4) the mayor must immediately rule the discussion o ut of order. If the impermissible discussion continues, the chairman must adjourn the meeting. (2) Procedure for entering into executive sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the councilmembers present, those voting for the executive session, and the specific reasons for the executive session. (3) Executive session minutes. Executive session minutes shall be kept in accord with O.C.G.A. § 50-14-1(e)(2)(c). Executive session minutes shall not be open to the public. (4) Mayor or presiding officer affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. (Ord. No. 06-11-02, § 1(2), 11-21-2006; Ord. No. 07-01-04, § 1(2), 1-18-2007; Ord. No. 07-06- 33, § 1(2), 6-21-2007; Ord. No. 08-09-23, § 2, 9-15-2008; Ord. No. 09-09-49, § 2, 9-9-2009; Ord. No. 12-11-153, § 2, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4. Sec. 2-43. - Visual and sound recordings. Visual, and sound recordings shall be permitted for all public hearings. (Ord. No. 06-11-02, § 1(3), 11-21-2006; Ord. No. 07-01-04, § 1(3), 1-18-2007; Ord. No. 07-06- 33, § 1(3), 6-21-2007; Ord. No. 08-09-23, § 3, 9-15-2008; Ord. No. 09-09-49, § 3, 9-9-2009; Ord. No. 12-11-153, § 3, 11-19-2012) Editor's note— Section 3 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 43 from "Visual and sound recordings permitted," to "Visual and sound recordings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(c). Sec. 2-44. - Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four members of the city council, including the mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any councilmember may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a me eting, a councilmember or Page 3 of 12 councilmembers leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within 30 minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the councilmembers present. (Ord. No. 06-11-02, § 1(4), 11-21-2006; Ord. No. 07-01-04, § 1(4), 1-18-2007; Ord. No. 07-06- 33, § 1(4), 6-21-2007; Ord. No. 08-09-23, § 4, 9-15-2008; Ord. No. 09-09-49, § 4, 9-9-2009; Ord. No. 12-11-153, § 4, 11-19-2012) Editor's note— Section 4 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 44 from "Quorum required" to "Quorum." Sec. 2-44.5. - Telephonic participation. The city council is authorized to conduct meetings by teleconference so long as the notice require d by the Act is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of council, and so long as a quorum is present in person, a councilmember may participate by tele conference if necessary due to reasons of health or absence from city limits so long as the other requirements of the Act are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a councilmember's physical presence, no member shall participate by teleconference more than twice in one calendar year. (Ord. No. 12-11-153, § 4.5, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 50-14-1(g). Sec. 2-45. - Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city counci l. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session. The mayor shall be a voting member of the elected body. (Ord. No. 06-11-02, § 1(5), 11-21-2006; Ord. No. 07-01-04, § 1(5), 1-18-2007; Ord. No. 07-06- 33, § 1(5), 6-21-2007; Ord. No. 08-09-23, § 5, 9-15-2008; Ord. No. 09-09-49, § 5, 9-9-2009; Ord. No. 12-11-153, § 5, 11-19-2012) Editor's note— Section 5 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 45 from "Mayor as presiding officer over city council" to "Mayor." Sec. 2-46. - Mayor pro tempore. The council shall select a mayor pro tempore from the councilmembers at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro tem shall fulfill th e duties of the mayor if the mayor is not in attendance. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such Page 4 of 12 absence or disability shall continue, except that t he mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. The council shall select a mayor pro tempore consistent with the process outlined in the Cit y of Milton Charter, sections 3.29 and 3.30. (Ord. No. 06-11-02, § 1(6), 11-21-2006; Ord. No. 07-01-04, § 1(6), 1-18-2007; Ord. No. 07-06- 33, § 1(6), 6-21-2007; Ord. No. 08-09-23, § 6, 9-15-2008; Ord. No. 09-09-49, § 6, 9-9-2009; Ord. No. 12-11-153, § 6, 11-19-2012) Sec. 2-47. - Presiding officer. If the mayor and the mayor pro tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of councilmembers are present, the remaining councilmembers shall select a councilmember to serve as presiding officer of the meeting until either the mayor or mayor pro tem is present at the meeting. (Ord. No. 06-11-02, § 1(7), 11-21-2006; Ord. No. 07-01-04, § 1(7), 1-18-2007; Ord. No. 07-06- 33, § 1(7), 6-21-2007; Ord. No. 08-09-23, § 7, 9-15-2008; Ord. No. 09-09-49, § 7, 9-9-2009; Ord. No. 12-11-153, § 7, 11-19-2012) Editor's note— Section 7 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 47 from "Presiding officer in absence of mayor and mayor pro tem" to "Presiding officer." Sec. 2-48. - Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. (Ord. No. 06-11-02, § 1(8), 11-21-2006; Ord. No. 07-01-04, § 1(8), 1-18-2007; Ord. No. 07-06- 33, § 1(8), 6-21-2007; Ord. No. 08-09-23, § 8, 9-15-2008; Ord. No. 09-09-49, § 8, 9-9-2009; Ord. No. 12-11-153, § 8, 11-19-2012) Editor's note— Section 8 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 48 from "City attorney to serve as parliamentarian" to "Parliamentarian." Sec. 2-49. - Amendments to the rules. Any proposed amendments to the rules of order shall be submitted to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all councilmembers. All amendments require a majority vote of the council to be adopted. (Ord. No. 06-11-02, § 1(9), 11-21-2006; Ord. No. 07-01-04, § 1(9), 1-18-2007; Ord. No. 07-06- 33, § 1(9), 6-21-2007; Ord. No. 08-09-23, § 9, 9-15-2008; Ord. No. 09-09-49, § 9, 9-9-2009; Ord. No. 12-11-153, § 9, 11-19-2012) Page 5 of 12 Editor's note— Section 9 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 49 from "Amendments to the rules of order" to "Amendments to the rules." Sec. 2-50. - Suspending the rules of order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unanimous approval of the council. Rules governing quorums (section 2-44), voting methods and requirements (section 2 -57 and section 2-58), the notification to councilmembers of meetings (subsections 2-52(1) and (2)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the governor or other authorized state official, the city council may waive time -consuming procedures and formalities imposed by state law. (Ord. No. 06-11-02, § 1(10), 11-21-2006; Ord. No. 07-01-04, § 1(10), 1-18-2007; Ord. No. 07- 06-33, § 1(10), 6-21-2007; Ord. No. 08-09-23, § 10, 9-15-2008; Ord. No. 09-09-49, § 10, 9-9- 2009; Ord. No. 12-11-153, § 10, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 38-3-54. Sec. 2-51. - Regular meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at city hall in the mayor and council meeting room. A notice containing the foregoing information shall be posted and maint ained in a conspicuous place available to the general public at the regular meeting place of the city council. Notice of regular meetings must be so posted at least one week in advance and will also be posted on the city website. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 1), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 1), 2-15-2007; Ord. No. 08-1-01, §§ 1, 2, 1-24-2008; Ord. No. 09-09-49, § 11, 9-9-2009; Ord. No. 12-11-153, § 11, 11-19-2012) Editor's note— Section 11 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-51 from "Meeting times" to "Regular meetings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(d)(1). Sec. 2-52. - Meetings other than regular meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (1) Special meetings and rescheduled regular meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three councilmembers. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the meeting shall be posted for at least 24 hours at the regular meeting place as well as the physical location where the meeting is to be held, if such location is different than the regular meeting place. In addition, written or oral not ice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city. Specially called meetings and emergency meetings with less than 24 hours' notice are authorized and may be called in accord with O.C.G.A. § 50-14-1(d)(3). Page 6 of 12 State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (2) Meetings with less than 24 hours' notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours' notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of th e city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (3) Meetings during a state of emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the governor or othe r authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three councilmembers. At the meeting, the councilmembers shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55. (4) Work sessions. Meetings to discuss city business where no substantive votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work sessions shall be held at 6:00 p.m. on the second Monday of e ach month. All work session meetings shall be held at city hall in the mayor and council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input comment related to agenda items shall be allowed at work sessions will be allowed only for items germane to the agenda for ten minutes per agenda item,, ttwo minutes per person. These limits may be waived by a majority vote of the city council. with the mayor having flexibility to extend the time if needed. The council shall be authorized to conduct an executive session during a work session. (Ord. No. 06-11-02, § 1(12), 11-21-2006; Ord. No. 07-01-04, § 1(12), 1-18-2007; Ord. No. 07- 06-33, § 1(12), 6-21-2007; Ord. No. 08-1-01, § 2, 1-24-2008; Ord. No. 08-09-23, § 12, 9-15- 2008; Ord. No. 09-09-49, § 12, 9-9-2009; Ord. No. 12-11-153, § 12, 11-19-2012) Sec. 2-53. - Order of business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: (1) Call to order. (2) Roll call. (3) Pledge of allegiance. (4) Approval of meeting agenda. (5) Public comment.(General) (6) Consent agenda. (7) Reports and presentations. Commented [KJ1]: Page 7 of 12 (8) First presentation. (9) Public hearing. (10) Zoning agenda. (11) Unfinished business. (12) New business. (13) Mayor and council reports. (14) Staff reports. (15) Executive session (if needed). (167) AdjournmentReconvene. (17) Adjournment. (Ord. No. 06-11-02, § 1(13), 11-21-2006; Ord. No. 07-01-04, § 1(13), 1-18-2007; Ord. No. 07- 06-33, § 1(13), 6-21-2007; Ord. No. 08-09-23, § 13, 9-15-2008; Ord. No. 09-09-49, § 13, 9-9- 2009; Ord. No. 12-11-153, § 13, 11-19-2012) Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and cCouncil agenda items shall be submitted consistent with the agenda order of business in section 2-53. The agenda shall be made available to the city council at least one business day before every city council meeting. (1) Requests for agenda items. Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk . (21) Changing the agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. An item that was not on the published agenda new item may be added to the agenda by a majority vote of the city council only if itthe item becomes necessary to address the item during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the city council must be placed on city council meeting or work session agendas on or before 5:00 p.m. no less than three working days prior to the scheduled meeting or work session . A late addition to the published agenda shall not be allowed except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requi res immediate action to correct or to protect lives and/or property. (32) Agenda must be made public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but shall not be required to be ava ilable more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. (Ord. No. 06-11-02, § 1(14), 11-21-2006; Ord. No. 07-01-04, § 1(14), 1-18-2007; Ord. No. 07- 06-33, § 1(14), 6-21-2007; Ord. No. 08-1-01, § 3, 1-24-2008; Ord. No. 08-09-23, § 14, 9-15- 2008; Ord. No. 09-09-49, § 14, 9-9-2009; Ord. No. 12-11-153, § 14, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(e)(1). Sec. 2-55. - Consent agenda. Page 8 of 12 A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a councilmember objects to an item being on the consent agenda, the councilmember shall direct the move of that particular item to the regular agenda through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. (Ord. No. 06-11-02, § 1(15), 11-21-2006; Ord. No. 07-01-04, § 1(15), 1-18-2007; Ord. No. 07- 06-33, § 1(15), 6-21-2007; Ord. No. 08-09-23, § 15, 9-15-2008; Ord. No. 09-09-49, § 15, 9-9- 2009; Ord. No. 12-11-153, § 15, 11-19-2012) Sec. 2-56. - Decorum. All councilmembers shall conduct themse lves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A councilmember may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a councilmember shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a councilmember believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. (Ord. No. 06-11-02, § 1(17), 11-21-2006; Ord. No. 07-01-04, § 1(16), 1-18-2007; Ord. No. 07- 06-33, § 1(16), 6-21-2007; Ord. No. 08-09-23, § 16, 9-15-2008; Ord. No. 09-09-49, § 16, 9-9- 2009; Ord. No. 12-11-153, § 16, 11-19-2012) Sec. 2-57. - Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present, unless the number of votes for passage is otherwise altered by these rules. Unless otherwise specified in the charter as it pertains to voting by the mayor, a majority shall mean at least four of the councilmembers present (including mayor). (Ord. No. 06-11-02, § 1(18), 11-21-2006; Ord. No. 07-01-04, § 1(17), 1-18-2007; Ord. No. 07- 06-33, § 1(17), 6-21-2007; Ord. No. 08-09-23, § 17, 9-15-2008; Ord. No. 09-09-49, § 17, 9-9- 2009; Ord. No. 12-11-153, § 17, 11-19-2012) Sec. 2-58. - Abstentions. A councilmember shall vote on all motions unless he or she has a conflict of interest preventin g him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the councilmember shall explain for the record his or her decision to abstain on any vote. (Ord. No. 06-11-02, § 1(19), 11-21-2006; Ord. No. 07-01-04, § 1(18), 1-18-2007; Ord. No. 07- 06-33, § 1(18), 6-21-2007; Ord. No. 08-09-23, § 18, 9-15-2008; Ord. No. 09-09-49, § 18, 9-9- 2009; Ord. No. 12-11-153, § 18, 11-19-2012) Page 9 of 12 Sec. 2-59. - Public participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (1) Public comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any meeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250.00 to the campaign of a councilmember who will consider the application, the i ndividual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be limited to their chosen topic. These limits may be waived by a majority vote of the city council. (1) Public comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior. If a member of the public wishes to address the Council regarding an agenda item, they must submit their public comment card to the clerk prior to the agenda item being called. Once the clerk has called the item, no further public comment cards will be accepted. to the related agenda item being calledstart of any meeting held by the city council. The following time limits may be waived by a majority vote of the city council . Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. There is no public comment allowed for Consent Agenda items (6) or items under First Presentation (8). (a) General Public Comment (5) is allowed only at regular meetings. The subject of the comment must be of a general nature and not an item on the agenda , except that members of the public may speak on items on the Consent Agenda (6) and items under First Presentation (8) at this timeMembers of the public are encouraged, but no rt required, to address the Council regarding matters of City business. Members of the public may speak for five minutes and may speak only once. General Public Comments may include astatements discussionregarding of items on the Consent Agenda and on First Presentation. Reports and Presentations Comments (7) – Members of the public may speak for five minutes and may speak only once. [purposefully blank] (b) Public Hearing Comments (9) (typically Alcohol Beverage License Application s, Budget, or Charter Revisions) - Members of the public may spea k for five minutes and may speak only once. (c) Zoning Agenda – Public Comments on zoning decisions shall be governed by the State Zoning Procedures law. Each side in a zoning case shall in accordance with the zoning policies and procedures and require the op portunity for each side to have at least ten (10) minutes to discuss their position or offer comments. Council may, by majority vote, allow additional time for a side provided that any extension for one side will be provided for the other sideshall automatically add an equivalent amount of time to the other side. When any applicant for rezoning actions has contributed more than $250.00 to the campaign of a councilmember who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-3(a) within ten days after the application is first filed. . When any opponent for rezoning actions has contributed more than $250.00 to the campaign of a councilmember who will consider the application, the individual s hall file a campaign disclosure form as required by O.C.G.A. § 36 -67A-3(c) within five (5) days prior to the first hearing by the local government or any of its agencies on the rezoning application. (d) Unfinished Business Comments - Each side must have the opportunity to speak at least ten (10) minutes to discuss their position or offer comments. Formatted: Highlight Formatted: Highlight Formatted: Highlight Page 10 of 12 (e) New Business Comments - Members of the public may speak for five minutes and may speak only once. State Law reference— Similar provisions, O.C.G.A. § 36-67A-3. (2) Public participation on agenda items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the publi c may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (2) Public participation – Emails and Public Comment Cards. (a) (a) Public Comment Cards. – Must be turned into the City Clerk prior to the agenda item being called. YouTheAn individual submitting any written comments must be in attendance at the council meeting if you wish to havein order for the City Clerk to read saidread your written comments into the record. Written comments shall be limited to the space provided on the public comment cards and no content submitted to the City Clerk shall be read into the recor d if it is not legibly written on the comment card. (Should we limit the number of words permitted?) (a) (b) (b) Emails – Emails sent to the elected officials, City Manager, City Clerk or Department Directors, which expressly declares that the email is intended to be introduced into the record for a then-pending agenda item, must be less than 300 words and which explicitly request to be part of the record on a then pending agenda item and state a position on an Agenda matter will be handled as follows: the sender’s name, address and general position (i.e., in support or oppositioned to the agenda item) will be read by the City Clerk into the record during public comment for the respective agenda item. The substantive comments or narrative in the email will not be read into the record unles s the author of the email is in attendance at the meeting ([See, 2-59(2)(a))]. or unless the author provides evidence to the satisfaction of the (Designee here)_ of the inability to physically attend the meeting. All emails will be made part of the official record. If an email related to a then-pending agenda item is intended to be read into the record consistent with this paragraph, the email shall be no more than 300 words. (3) Decorum. Members of the public shall not make inappropriate ordefamatory or obscene offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for councilmembers. Individuals violating any rules of the ci ty council may be ruled out of order by the mayor or on a point of order made by a councilmember. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the dire ction of the mayor. (4) Public hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least ten minutes per side. These limits may be waived by a majority vote of the city council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least ten minutes to discuss their position or offer comments. Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: Not Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Page 11 of 12 State Law reference— Similar provisions, O.C.G.A. §§ 36-66-4 and 36-66-5. (5) Representation of civic associations, advocacy groups or homeowners' associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the city clerk prior to the agenda item being called. (Ord. No. 06-11-02, § 1(20), 11-21-2006; Ord. No. 07-01-04, § 1(19), 1-18-2007; Ord. No. 07- 06-33, § 1(19), 6-21-2007; Ord. No. 08-09-23, § 19, 9-15-2008; Ord. No. 09-09-49, § 19, 9-9- 2009; Ord. No. 12-11-153, § 19, 11-19-2012) Sec. 2-60. - Meeting summary. A summary of the subjects acted upon in a meeting and the names of the councilmembers present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. (Ord. No. 06-11-02, § 1(21), 11-21-2006; Ord. No. 07-01-04, § 1(20), 1-18-2007; Ord. No. 07- 06-33, § 1(20), 6-21-2007; Ord. No. 08-09-23, § 20, 9-15-2008; Ord. No. 09-09-49, § 20, 9-9- 2009; Ord. No. 12-11-153, § 20, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 56-14-1(e)(2). Sec. 2-61. - Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of councilmembers present at the meeting, a description of each motion or other proposal made at the meeting, the name of the councilmember who proposed each motion, the name of the councilmember who seconded each motion, and a record of all votes (the name of each councilmember voting for or against a proposal shall be recorded). Mi nutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the city council. The city council shall approve the minutes before they may be considered as an of ficial record of the city council. The minutes shall be open for public inspection once approved as official by the city council but in no case later than immediately following the next regular meeting of the city council. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A major ity vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. (Ord. No. 06-11-02, § 1(22), 11-21-2006; Ord. No. 07-01-04, § 1(21), 1-18-2007; Ord. No. 07- 06-33, § 1(21), 6-21-2007; Ord. No. 08-09-23, § 21, 9-15-2008; Ord. No. 09-09-49, § 21, 9-9- 2009; Ord. No. 12-11-153, § 21, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 50-14-1(e)(2). Sec. 2-62. - Roberts Rules of Order. Page 12 of 12 This document shall serve as the rules and procedures of the mayor and city council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. (Ord. No. 06-11-02, § 1(23), 11-21-2006; Ord. No. 07-01-04, § 1(22), 1-18-2007; Ord. No. 07- 06-33, § 1(22), 6-21-2007; Ord. No. 08-09-23, § 22, 9-15-2008; Ord. No. 09-09-49, § 22, 9-9- 2009; Ord. No. 12-11-153, § 22, 11-19-2012) Sec. 2-63. - Duration of council meetings. City council meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be def erred to "unfinished business" on the next scheduled meeting agenda. (Ord. No. 08-1-01, § 4(23), 1-24-2008; Ord. No. 08-09-23, § 23, 9-15-2008; Ord. No. 09-09-49, § 23, 9-9-2009; Ord. No. 12-11-153, § 23, 11-19-2012) Editor's note— Section 23 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-63 from "Duration of meetings" to "Duration of council meetings." Secs. 2-64—2-82. - Reserved. Page 1 of 11 DIVISION 2. - MEETINGS[3] Footnotes: --- (3) --- State Law reference— Open meetings and notice of meetings required, O.C.G.A. § 50 -14-1; meetings of governing bodies of counties and municipalities to be open, O.C.G.A. § 36 -80-1. Sec. 2-39. - Compliance with state law. (a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act, O.C.G.A. § 50-14-1 et seq. (b) All city records subject to the Georgia Open Records Act, O.C.G.A. § 50 -18-70 et seq., shall be available to the public. The city clerk shall comply with any valid requests under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., and prepare any materials requested. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 2), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 2), 2-15-2007) State Law reference— Open meetings, O.C.G.A. § 50-14-1 et seq. Sec. 2-40. - Subpoenas. (a) The city council, when sitting as a judicial or quasi -judicial body pursuant to public law, its Charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same rules as prevail in the superior courts, and any witness wh o shall fail to respond to the subpoena, or who shall refuse to testify under oath, shall be guilty of contempt. (b) The subpoenas as authorized in subsection (a) of this section shall bear witness in the name of the mayor; shall be issued by the city clerk; and shall be served by the chief of police, any police officer, or by such other person as the mayor may designate. (c) Should any person fail to respond to a city council subpoena, after having been lawfully served, without good cause, or should the person refuse to testify under oath, then the city council shall hold the person in contempt, and, in their discretion, punish the person by the imposition of a fine according to the maximum allowed by state law. Each of the failures or refusals herein d escribed shall constitute a separate contempt. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 5), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 5), 2-15-2007) Sec. 2-41. - Open meetings. All meetings of the mayor and city council shall be held in accor dance with the provisions of O.C.G.A. § 50-14-1 et seq. otherwise known as the Open Meetings Act (the "Act"). The public shall at all times be afforded access to all meetings other than executive sessions as defined at O.C.G.A. § 50 -14- 1(a)(2) and those assemblies exempt from the Act per O.C.G.A. § 50-14-3(a). Page 2 of 11 (Ord. No. 06-11-02, § 1(1), 11-21-2006; Ord. No. 07-01-04, § 1(1), 1-18-2007; Ord. No. 07-06- 33, § 1(1), 6-21-2007; Ord. No. 08-09-23, § 1, 9-15-2008; Ord. No. 09-09-49, § 1, 9-9-2009; Ord. No. 12-11-153, § 1, 11-19-2012) Sec. 2-42. - Executive sessions. Executive sessions of the council may be held for all purposes set forth in O.C.G.A. § 50 -14-3(b)(1), (2), and (4). Any portion of a meeting or assembly subject to the Act that does not fall within the purview of O.C.G.A. § 50-14-3(b)(1), (2) and (4) shall be open to the public. (1) Nonexempt topics. If an agency member initiates a discussion during executive session that falls outside the scope of those topics that may be discussed pursuant to O.C.G.A. § 50 -14- 3(b)(1), (2) and (4) the mayor must immediately rule the discussion o ut of order. If the impermissible discussion continues, the chairman must adjourn the meeting. (2) Procedure for entering into executive sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the councilmembers present, those voting for the executive session, and the specific reasons for the executive session. (3) Executive session minutes. Executive session minutes shall be kept in accord with O.C.G.A. § 50-14-1(e)(2)(c). Executive session minutes shall not be open to the public. (4) Mayor or presiding officer affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. (Ord. No. 06-11-02, § 1(2), 11-21-2006; Ord. No. 07-01-04, § 1(2), 1-18-2007; Ord. No. 07-06- 33, § 1(2), 6-21-2007; Ord. No. 08-09-23, § 2, 9-15-2008; Ord. No. 09-09-49, § 2, 9-9-2009; Ord. No. 12-11-153, § 2, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4. Sec. 2-43. - Visual and sound recordings. Visual, and sound recordings shall be permitted for all public hearings. (Ord. No. 06-11-02, § 1(3), 11-21-2006; Ord. No. 07-01-04, § 1(3), 1-18-2007; Ord. No. 07-06- 33, § 1(3), 6-21-2007; Ord. No. 08-09-23, § 3, 9-15-2008; Ord. No. 09-09-49, § 3, 9-9-2009; Ord. No. 12-11-153, § 3, 11-19-2012) Editor's note— Section 3 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 43 from "Visual and sound recordings permitted," to "Visual and sound recordings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(c). Sec. 2-44. - Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four members of the city council, including the mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any councilmember may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a me eting, a councilmember or Page 3 of 11 councilmembers leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within 30 minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the councilmembers present. (Ord. No. 06-11-02, § 1(4), 11-21-2006; Ord. No. 07-01-04, § 1(4), 1-18-2007; Ord. No. 07-06- 33, § 1(4), 6-21-2007; Ord. No. 08-09-23, § 4, 9-15-2008; Ord. No. 09-09-49, § 4, 9-9-2009; Ord. No. 12-11-153, § 4, 11-19-2012) Editor's note— Section 4 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 44 from "Quorum required" to "Quorum." Sec. 2-44.5. - Telephonic participation. The city council is authorized to conduct meetings by teleconference so long as the notice require d by the Act is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of council, and so long as a quorum is present in person, a councilmember may participate by tele conference if necessary due to reasons of health or absence from city limits so long as the other requirements of the Act are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a councilmember's physical presence, no member shall participate by teleconference more than twice in one calendar year. (Ord. No. 12-11-153, § 4.5, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 50-14-1(g). Sec. 2-45. - Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city counci l. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session. The mayor shall be a voting member of the elected body. (Ord. No. 06-11-02, § 1(5), 11-21-2006; Ord. No. 07-01-04, § 1(5), 1-18-2007; Ord. No. 07-06- 33, § 1(5), 6-21-2007; Ord. No. 08-09-23, § 5, 9-15-2008; Ord. No. 09-09-49, § 5, 9-9-2009; Ord. No. 12-11-153, § 5, 11-19-2012) Editor's note— Section 5 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 45 from "Mayor as presiding officer over city council" to "Mayor." Sec. 2-46. - Mayor pro tempore. The council shall select a mayor pro tempore from the councilmembers at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro tem shall fulfill th e duties of the mayor if the mayor is not in attendance. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such Page 4 of 11 absence or disability shall continue, except that t he mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. The council shall select a mayor pro tempore consistent with the process outlined in the Cit y of Milton Charter, sections 3.29 and 3.30. (Ord. No. 06-11-02, § 1(6), 11-21-2006; Ord. No. 07-01-04, § 1(6), 1-18-2007; Ord. No. 07-06- 33, § 1(6), 6-21-2007; Ord. No. 08-09-23, § 6, 9-15-2008; Ord. No. 09-09-49, § 6, 9-9-2009; Ord. No. 12-11-153, § 6, 11-19-2012) Sec. 2-47. - Presiding officer. If the mayor and the mayor pro tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of councilmembers are present, the remaining councilmembers shall select a councilmember to serve as presiding officer of the meeting until either the mayor or mayor pro tem is present at the meeting. (Ord. No. 06-11-02, § 1(7), 11-21-2006; Ord. No. 07-01-04, § 1(7), 1-18-2007; Ord. No. 07-06- 33, § 1(7), 6-21-2007; Ord. No. 08-09-23, § 7, 9-15-2008; Ord. No. 09-09-49, § 7, 9-9-2009; Ord. No. 12-11-153, § 7, 11-19-2012) Editor's note— Section 7 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 47 from "Presiding officer in absence of mayor and mayor pro tem" to "Presiding officer." Sec. 2-48. - Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. (Ord. No. 06-11-02, § 1(8), 11-21-2006; Ord. No. 07-01-04, § 1(8), 1-18-2007; Ord. No. 07-06- 33, § 1(8), 6-21-2007; Ord. No. 08-09-23, § 8, 9-15-2008; Ord. No. 09-09-49, § 8, 9-9-2009; Ord. No. 12-11-153, § 8, 11-19-2012) Editor's note— Section 8 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 48 from "City attorney to serve as parliamentarian" to "Parliamentarian." Sec. 2-49. - Amendments to the rules. Any proposed amendments to the rules of order shall be submitted to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all councilmembers. All amendments require a majority vote of the council to be adopted. (Ord. No. 06-11-02, § 1(9), 11-21-2006; Ord. No. 07-01-04, § 1(9), 1-18-2007; Ord. No. 07-06- 33, § 1(9), 6-21-2007; Ord. No. 08-09-23, § 9, 9-15-2008; Ord. No. 09-09-49, § 9, 9-9-2009; Ord. No. 12-11-153, § 9, 11-19-2012) Page 5 of 11 Editor's note— Section 9 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 49 from "Amendments to the rules of order" to "Amendments to the rules." Sec. 2-50. - Suspending the rules of order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unanimous approval of the council. Rules governing quorums (section 2-44), voting methods and requirements (section 2 -57 and section 2-58), the notification to councilmembers of meetings (subsections 2-52(1) and (2)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the governor or other authorized state official, the city council may waive time -consuming procedures and formalities imposed by state law. (Ord. No. 06-11-02, § 1(10), 11-21-2006; Ord. No. 07-01-04, § 1(10), 1-18-2007; Ord. No. 07- 06-33, § 1(10), 6-21-2007; Ord. No. 08-09-23, § 10, 9-15-2008; Ord. No. 09-09-49, § 10, 9-9- 2009; Ord. No. 12-11-153, § 10, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 38-3-54. Sec. 2-51. - Regular meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at city hall in the mayor and council meeting room. A notice containing the foregoing information shall be posted and maint ained in a conspicuous place available to the general public at the regular meeting place of the city council. Notice of regular meetings must be so posted at least one week in advance and will also be posted on the city website. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 1), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 1), 2-15-2007; Ord. No. 08-1-01, §§ 1, 2, 1-24-2008; Ord. No. 09-09-49, § 11, 9-9-2009; Ord. No. 12-11-153, § 11, 11-19-2012) Editor's note— Section 11 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-51 from "Meeting times" to "Regular meetings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(d)(1). Sec. 2-52. - Meetings other than regular meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (1) Special meetings and rescheduled regular meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three councilmembers. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the meeting shall be posted for at least 24 hours at the regular meeting place as well as the physical location where the meeting is to be held, if such location is different than the regular meeting place. In addition, written or oral not ice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city. Specially called meetings and emergency meetings with less than 24 hours' notice are authorized and may be called in accord with O.C.G.A. § 50-14-1(d)(3). Page 6 of 11 State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (2) Meetings with less than 24 hours' notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours' notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of th e city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (3) Meetings during a state of emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the governor or othe r authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three councilmembers. At the meeting, the councilmembers shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55. (4) Work sessions. Meetings to discuss city business shall be scheduled in regular intervals to facilitate discussion on important topics. Work sessions shall be held at 6:00 p.m. on the second Monday of each month. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public comment related to agenda items shall be allowed at work sessions for ten minutes per agenda item, two minutes per person. These limits may be waived by a majority vote of the city council. The council shall be authorized to conduct an executive session during a work session. (Ord. No. 06-11-02, § 1(12), 11-21-2006; Ord. No. 07-01-04, § 1(12), 1-18-2007; Ord. No. 07- 06-33, § 1(12), 6-21-2007; Ord. No. 08-1-01, § 2, 1-24-2008; Ord. No. 08-09-23, § 12, 9-15- 2008; Ord. No. 09-09-49, § 12, 9-9-2009; Ord. No. 12-11-153, § 12, 11-19-2012) Sec. 2-53. - Order of business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: (1) Call to order. (2) Roll call. (3) Pledge of allegiance. (4) Approval of meeting agenda. (5) Public comment.(General) (6) Consent agenda. (7) Reports and presentations. (8) First presentation. (9) Public hearing. Commented [KJ1]: Page 7 of 11 (10) Zoning agenda. (11) Unfinished business. (12) New business. (13) Mayor and council reports. (14) Staff reports. (15) Executive session (if needed). (17) Adjournment (Ord. No. 06-11-02, § 1(13), 11-21-2006; Ord. No. 07-01-04, § 1(13), 1-18-2007; Ord. No. 07- 06-33, § 1(13), 6-21-2007; Ord. No. 08-09-23, § 13, 9-15-2008; Ord. No. 09-09-49, § 13, 9-9- 2009; Ord. No. 12-11-153, § 13, 11-19-2012) Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each me eting. Council agenda items shall be submitted consistent with the agenda order of business in section 2 -53. The agenda shall be made available to the city council at least one business day before every city council meeting. . (1) Changing the agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. An item that was not on the published agenda may be added to the agenda by a majority vote of the city council if the item becomes necessary to address during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the city council must be placed on city council meeting or work session agendas on or before 5:00 p.m. no less than three working days prior to the scheduled meeting or work session. A late addition to the published agenda shall not be allowed except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. (2) Agenda must be made public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as f ar in advance as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. (Ord. No. 06-11-02, § 1(14), 11-21-2006; Ord. No. 07-01-04, § 1(14), 1-18-2007; Ord. No. 07- 06-33, § 1(14), 6-21-2007; Ord. No. 08-1-01, § 3, 1-24-2008; Ord. No. 08-09-23, § 14, 9-15- 2008; Ord. No. 09-09-49, § 14, 9-9-2009; Ord. No. 12-11-153, § 14, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(e)(1). Sec. 2-55. - Consent agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a councilmember objects to an item being on the consent agenda, the councilmember shall direct the move of that particular item to the r egular agenda Page 8 of 11 through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. (Ord. No. 06-11-02, § 1(15), 11-21-2006; Ord. No. 07-01-04, § 1(15), 1-18-2007; Ord. No. 07- 06-33, § 1(15), 6-21-2007; Ord. No. 08-09-23, § 15, 9-15-2008; Ord. No. 09-09-49, § 15, 9-9- 2009; Ord. No. 12-11-153, § 15, 11-19-2012) Sec. 2-56. - Decorum. All councilmembers shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A councilmember may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a councilmember shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a councilmember believes that a rule has been broken, he or she may raise a point of order. A se cond is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. (Ord. No. 06-11-02, § 1(17), 11-21-2006; Ord. No. 07-01-04, § 1(16), 1-18-2007; Ord. No. 07- 06-33, § 1(16), 6-21-2007; Ord. No. 08-09-23, § 16, 9-15-2008; Ord. No. 09-09-49, § 16, 9-9- 2009; Ord. No. 12-11-153, § 16, 11-19-2012) Sec. 2-57. - Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present, unless the number of votes for passage is otherwise altered by these rules. Unless otherwise specified in the charter as it pertains to voting by the mayor, a majority shall mean at least four of the councilmembers present (including mayor). (Ord. No. 06-11-02, § 1(18), 11-21-2006; Ord. No. 07-01-04, § 1(17), 1-18-2007; Ord. No. 07- 06-33, § 1(17), 6-21-2007; Ord. No. 08-09-23, § 17, 9-15-2008; Ord. No. 09-09-49, § 17, 9-9- 2009; Ord. No. 12-11-153, § 17, 11-19-2012) Sec. 2-58. - Abstentions. A councilmember shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the councilmember shall explain for the record his or her decision to abstain on any vote. (Ord. No. 06-11-02, § 1(19), 11-21-2006; Ord. No. 07-01-04, § 1(18), 1-18-2007; Ord. No. 07- 06-33, § 1(18), 6-21-2007; Ord. No. 08-09-23, § 18, 9-15-2008; Ord. No. 09-09-49, § 18, 9-9- 2009; Ord. No. 12-11-153, § 18, 11-19-2012) Page 9 of 11 Sec. 2-59. - Public participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (1) Public comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk. If a member of the public wishes to address the Council regarding an agenda item, they must submit their public comment card to the clerk prior to the agenda item being called. Once the clerk has called the item, no further public comment cards will be accepted.. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (a) General Public Comment is allowed only at regular meetings. Members of the public are encouraged, but not required, to address the Council regarding matters of City business . Members of the public may speak for five minutes and may speak only once. General Public Comments may include statementsregarding items on the Consent Agenda and on First Presentation. (b) [purposefully blank]Public Hearing Comments (typically Alcohol Beverage License Applications, Budget, or Charter Revisions) - Members of the public may speak for five minutes and may speak only once. (c) Zoning Agenda – Public Comments on zoning decisions shall be governed by the State Zoning Procedures law. Each side in a zoning case shall have at least ten (10) minutes to discuss their position or offer comments. Council may, by majority vote, allow additional time for a side provided that any extension for one side shall automatically add an equivalent amount of time to the other side. When any applicant for rezoning actions has contributed more than $250.00 to the campaign of a councilmember who will consider the application , the individual shall file a campaign disclosure form as required by O.C.G.A. § 36 -67A-3(a) within ten days after the application is first filed. When any opponent for rezoning actions has contributed more than $250.00 to the campaign of a councilmember w ho will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36- 67A-3(c) within five (5) days prior to the first hearing by the local government or any of its agencies on the rezoning application. (d) Unfinished Business Comments - Each side must have the opportunity to speak at least ten (10) minutes to discuss their position or offer comments. (e) New Business Comments - Members of the public may speak for five minutes and may speak only once. State Law reference— Similar provisions, O.C.G.A. § 36-67A-3. (2) Public participation – Emails and Public Comment Cards. (a) Public Comment Cards – Must be turned into the City Clerk prior to the agenda item being called. An individual submitting written comments must be in attendance at the council meeting in order for the City Clerk to read said written comments into the record. Written comments shall be limited to the space provided on the public comment cards and no content submitted to the City Clerk shall be read into the record if it is not legibly written on the comment card. (b) Emails – Emails sent to the elected officials, City Manager, City Clerk or Department Directors, which expressly declares that the email is intended to be introduced into the record for a then-pending agenda item, will be handled as follows: the sender’s name, address and Page 10 of 11 general position (i.e., in support or opposition to the agenda item) will be read by the City Clerk into the record during public comment for the respective agenda item. The substantive comments or narrative in the email will not be read into the record unless the author of the email is in attendance at the meeting [See, 2-59(2)(a)] or unless the author provides evidence to the satisfaction of the (Designee here)_ of the inability to physically attend the meeting . All emails will be made part of the official record. If an email related to a then-pending agenda item is intended to be read into the record consistent with this paragraph, the email shall be no more than 300 words. (3) Decorum. Members of the public shall not make defamatory or obscene comments at a city council meeting and are expected to comply with the rules of decorum that are established for councilmembers. Individuals violating any rules of the city council may be ruled out of order by the mayor or on a point of order made by a councilmember. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (4) Public hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least ten minutes per side. These limits may be waived by a majority vote of the city council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least ten minutes to discuss their position or offer comments. State Law reference— Similar provisions, O.C.G.A. §§ 36-66-4 and 36-66-5. (5) Representation of civic associations, advocacy groups or homeowners' associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group o r association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the city clerk prior to the agenda item being called. (Ord. No. 06-11-02, § 1(20), 11-21-2006; Ord. No. 07-01-04, § 1(19), 1-18-2007; Ord. No. 07- 06-33, § 1(19), 6-21-2007; Ord. No. 08-09-23, § 19, 9-15-2008; Ord. No. 09-09-49, § 19, 9-9- 2009; Ord. No. 12-11-153, § 19, 11-19-2012) Sec. 2-60. - Meeting summary. A summary of the subjects acted upon in a meeting and the names of the councilmembers present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. (Ord. No. 06-11-02, § 1(21), 11-21-2006; Ord. No. 07-01-04, § 1(20), 1-18-2007; Ord. No. 07- 06-33, § 1(20), 6-21-2007; Ord. No. 08-09-23, § 20, 9-15-2008; Ord. No. 09-09-49, § 20, 9-9- 2009; Ord. No. 12-11-153, § 20, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 56-14-1(e)(2). Sec. 2-61. - Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of councilmembers present at the meeting, a description of each motion Page 11 of 11 or other proposal made at the meeting, the name of the councilmember who proposed each motion, the name of the councilmember who seconded each motion, and a record of all votes (the name of each councilmember voting for or against a proposal shall be recorded). Minutes will be in summ ary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council but in no case later than immediately following the next regular meeting of the city council. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. (Ord. No. 06-11-02, § 1(22), 11-21-2006; Ord. No. 07-01-04, § 1(21), 1-18-2007; Ord. No. 07- 06-33, § 1(21), 6-21-2007; Ord. No. 08-09-23, § 21, 9-15-2008; Ord. No. 09-09-49, § 21, 9-9- 2009; Ord. No. 12-11-153, § 21, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 50-14-1(e)(2). Sec. 2-62. - Roberts Rules of Order. This document shall serve as the rules and procedures of the mayor and city council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. (Ord. No. 06-11-02, § 1(23), 11-21-2006; Ord. No. 07-01-04, § 1(22), 1-18-2007; Ord. No. 07- 06-33, § 1(22), 6-21-2007; Ord. No. 08-09-23, § 22, 9-15-2008; Ord. No. 09-09-49, § 22, 9-9- 2009; Ord. No. 12-11-153, § 22, 11-19-2012) Sec. 2-63. - Duration of council meetings. City council meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be def erred to "unfinished business" on the next scheduled meeting agenda. (Ord. No. 08-1-01, § 4(23), 1-24-2008; Ord. No. 08-09-23, § 23, 9-15-2008; Ord. No. 09-09-49, § 23, 9-9-2009; Ord. No. 12-11-153, § 23, 11-19-2012) Editor's note— Section 23 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-63 from "Duration of meetings" to "Duration of council meetings." Secs. 2-64—2-82. - Reserved. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND DIVISION 2 – MEETINGS OF THE CITY CODE OF THE CITY OF MILTON The Council of the City of Milton hereby ordains while in regular session on the 23rd day of April at 6:00 p.m.: SECTION 1. That Division 2 – Meetings, Sections 2.52, 2.53, 2.54, 2.57 and 2.59 are hereby amended, adopted and approved; and are attached hereto as set forth herein; and, SECTION 2. All other ordinances in conflict are repealed; and SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this 23rd day of April 2018. Approved: _________________________________ Joe Lockwood, Mayor Attest: ___________________________________ Sudie AM Gordon, City Clerk