HomeMy WebLinkAboutAgenda Packet - CC - 05/07/2018
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
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, May 7, 2018 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton,
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. 18-131)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 7, 2018
Page 2 of 5
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678.242.2500.
6) CONSENT AGENDA
1. Approval of the April 9, 2018 Regular City Council Meeting
Minutes.
(Agenda Item No. 18-132)
(Sudie Gordon, City Clerk)
2. Approval of the April 16, 2018 Special Called Regular City Council
Meeting Minutes.
(Agenda Item No. 18-133)
(Sudie Gordon, City Clerk)
3. Approval of a Parks and Recreation Department Athletic Association
Manual & Facility Use Agreement between the City of Milton and New
Found Life Youth Football League, Inc. Milton Steelers.
(Agenda Item No. 18-134) (Jim Cregge, Parks and Recreation Director)
4. Approval of the First Amendment to an Intergovernmental Agreement
between the Fulton County Board of Education (FCBE) and the City of
Milton for a Ten Year Agreement to use Northwestern Middle School for
Recreational Purposes.
(Agenda Item No. 18-135) (Jim Cregge, Parks and Recreation Director)
7) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Councilmember Burt Hewitt’s Service to the City
of Milton.
(Mayor Joe Lockwood)
8) FIRST PRESENTATION
1. Consideration of U18-04/VC18-05 – 13665 Cogburn Road zoned T-2 by
Daufy Adult Community Services for a Use Permit for Alternative Senior
Housing (Sec 64-1844) within an existing single family residence with an
expansion of 2,000 square foot with 4 bedrooms for a total of 8 residents
and construct a new 1,500 square foot guest house and detached
garage. A concurrent variance to reduce the 60 foot primary setback to
50 feet where the house encroaches (Chapter 64, Art 20 Table 11.f.1).
(Agenda Item No. 18-136)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 7, 2018
Page 3 of 5
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678.242.2500.
2. Consideration of U18-06 – Green Road zoned T-4 Open by Little Sunshine
Daycare for a Use Permit for a 9,700 square foot day care facility (Sec. 64-
1809).
(Agenda Item No. 18-137)
(Kathleen Field, Community Development Director)
3. Consideration of RZ18-04 – To amend Article XIX Crabapple Form Based
Code to amend Table 8B Building Unit Function Exchange Rate as it
relates to Lodging.
(Agenda Item No. 18-138)
(Kathleen Field, Community Development Director)
4. Consideration of RZ18-05 – To amend Article XX Deerfield Form Based
Code to amend Table 9B Building Unit Function Exchange Rate as it
relates to Lodging.
(Agenda Item No. 18-139)
(Kathleen Field, Community Development Director)
5. Consideration of RZ17-12 – Text Amendment to Article XIX – Crabapple
Form Based Code. 1.6.4.b as it relates to lodging.
(Agenda Item No. 18-140)
(Kathleen Field, Community Development Director)
6. Consideration of RZ 17-13 – Text Amendment to Article XX – Deerfield Form
Based Code, 1.6.4.b as it relates to lodging.
(Agenda Item No. 18-141)
(Kathleen Field, Community Development Director)
7. Consideration of RZ18-09 – To amend Article XIX Crabapple Form Based
Code to amend Article 3.2 General Requirements to Prohibit Gates.
(Agenda Item No. 18-142)
(Kathleen Field, Community Development Director)
8. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 10
to Revise the City’s Grant Management Policy Regarding the Approval of
Grant Applications and Acceptance of Grant Awards.
(Agenda Item No. 18-143)
(Stacey Inglis, Assistant City Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 7, 2018
Page 4 of 5
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678.242.2500.
9) PUBLIC HEARING
1. Consideration of Possible Extension (until September 25, 2018) to Existing
Moratorium Barring the Acceptance of Applications for Concept Plan
Approval, Applications for Issuance of Land Disturbance Permits, and
Applications for Primary Variances for Gasoline Stations and Service
Stations in the C-1 (Community Business) Zoning District within the Rural
Milton State Route 9, and Birmingham Crossroads Overlay Districts.
(Agenda Item No. 18-144)
(Ken Jarrard, City Attorney)
10) ZONING AGENDA
1. Consideration of a Possible Rescission of Previous Council Approval of Use
Permit Applications U18-02, U18-03 and VC18-02 for Apartments (Sec. 64-
1839) and Senior Housing (Sec. 64-1834) to Develop 42 Condominiums
Requested by Strawberry Fields Milton, LLC Located at 12655 Birmingham
Hwy. (Currently Zoned T-5 and T-4 Open Transect Zones within the
Crabapple Form Based Code).
(Agenda Item No. 18-145)
(Ken Jarrard, City Attorney)
2. Consideration of an Ordinance to Approve Two Use Permits for
Apartments (Sec. 64-1839) and Senior Living (Sec. 64-1834) on 4.37 Acres
Located at 12655 Birmingham Hwy. and a Variance to Delete the
Requirement for a Minimum of 300 Cubic Feet of Separate Contiguous
Storage Space for Each Unit.
(Agenda Item No. 18-146)
(Ken Jarrard, City Attorney)
11) UNFINISHED BUSINESS
1. Consideration of Possible Extension (until September 24, 2018) to Existing
Moratorium Barring the Acceptance of Applications for Concept Plan
Approval, Applications for Issuance of Land Disturbance Permits, and
Applications for Primary Variances for Gasoline Stations and Service
Stations in the C-1 (Community Business) Zoning District within the Rural
Milton State Route 9, and Birmingham Crossroads Overlay Districts.
(Agenda Item No. 18-144)
(Public Hearing Held at May 7, 2018 Regular City Council Meeting)
(Ken Jarrard, City Attorney)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 7, 2018
Page 5 of 5
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678.242.2500.
2. Consideration of an Ordinance to Amend Appendix A, Parks and
Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton
City Code.
(Agenda Item No. 18-129)
(First Presentation at April 23, 2018 Council Meeting)
(Jim Cregge, Parks & Recreation Director)
12) NEW BUSINESS
1. Consideration of a Resolution Accepting the Resignation of
Councilmember Burt Hewitt, District 1 / Post 2.
(Agenda Item No. 18-147)
(Ken Jarrard, City Attorney)
2. Consideration of a Resolution of the City of Milton for a New TSPLOST
Account with Georgia Fund 1 State Investment Pool Account.
(Agenda Item No. 18-148)
(Stacey Inglis, Assistant City Manager)
3. Consideration of a Resolution of the City of Milton to Revise the Authorized
Signers and Contact Information for the City’s Georgia Fund 1 State
Investment Pool Account.
(Agenda Item No. 18-149)
(Stacey Inglis, Assistant City Manager)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
2. Fire
3. Parks & Recreation
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 18-150)
TO:
FROM:
I LTO Ni 11IN
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Managers)
AGENDA ITEM: Approval of a Parks and Recreation Department Athletic
Association Manual & Facility Use Agreement between the
City of Milton and New Found Life Youth Football League, Inc.
Milton Steelers.
MEETING DATE: Monday, May 7, 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: (.�IYES () NO
CITY ATTORNEY REVIEW REQUIRED: (yYES () NO
APPROVAL BY CITY ATTORNEY: (,�XAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Jim Cregge, Director of Parks and Recreation
Date: Submitted on April 20, 2018 for the May 7, 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 New Found Life Youth
Football League, Inc. Milton Steelers.
____________________________________________________________________________
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 New Found Life Youth Football
League, Inc. Milton Steelers.
Executive Summary:
Milton Steelers provides the city with the youth football tackle and flag football programs. This
program will offer football leagues and camps at Bell Memorial Park
Funding and Fiscal Impact:
The pricing for tackle football is no charge per participant and the pricing for flag football is set at
$125 per participant. This contract offers a 15% commission on registration to the City. The
commission will be $18.62 per tackle participant and $18.75 per flag football participant.
Alternatives:
If this contract is not approved, we will have to identify another provider for football programing this
year.
Legal Review:
Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template)
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
1) Parks and Recreation Department Athletic Association Manual and Agreement & Facility
Use Agreement between The City of Milton and New Found Life Youth Football League,
Inc. Milton Steelers.
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ESTwLB I S I I E D 2006
ATHLETIC ASSOCIATION
ORGANIZATIONAL MANUAL
AND AGREEMENT
TABLE
OF CONTENTS
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.
2
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 Fife
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, Collaboration, Knowledge, Bold
Leadership, Recreation, Inclusiveness, Health
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").
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.
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
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
4
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
opportunity for members to vote. Associations are also encouraged to
provide a process for members to vote electronically.
W
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 Fist 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.
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.
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
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 1.
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.
31
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. These Certificates shall
contain a provision that coverages afforded under these policies will not
be cancelled until at Feast forty-five days (45) prior written notice has been
given to the City. Policies shall be issued by companies authorized to do
business under the laws of the State 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 Provider 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
Provider 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. Exposures to be covered are: premises,
operations, products/completed operations, and certain contracts.
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
$1,000,000 Products/Completed Operations Aggregate
Association shall have its insurer name the City of Milton as an additional
insured on its General Liability policy.
Association shall also have its insurer name the FULTON COUNTY BOARD OF
EDUCATION as an additional insured on its General Liability policy.
7.5 Worker's Compensation insurance shall be maintained during the
life of the AAO Manual Agreement to comply with the statutory limits for
all employees, and in the case any work is sublet, the Association shall
require the subcontractor(s) similarly provide Workers Compensation
Insurance for all the latter's employees unless and until such employees
are covered by the protection afforded by the Association. The
R
Association and its subcontractors 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.
7.6 The Association shall also maintain Directors and Officers insurance
with limits of at least $500,000.00, in a policy separate from the
Commercial General Liability insurance policy. Areas of coverage must
include allegations of: wrongful termination; failure to hire or promote;
discrimination, including sexual harassment; failure to accommodate
disabilities; and claims alleging mental anguish and emotional distress.
Claims -made coverage must cover the preceding six years or the length
of time the Association has been operating in the City, whichever is Less.
The policy must include the City as an additional insured.
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:. It 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 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.cityotn liitongu.u:
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, league
practices, scrimmages, games, and post -season tournaments. All field use
9
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 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 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.
10
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
• 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
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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 City 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.
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REQUIREMENTS OF ASSOCIATIONS
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. Once signed, the AAO Manual Agreement will be
continuously effective until an Association ceases to provide programs at
the City of Milton or until affirmatively terminated by the City or the
Association.
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 Board members 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
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provision in HB 1176, the criminal justice reform bill signed by Governor
Nathan Deal on May 2, 2012. Specifically, HB 1 176 changed the definition
of "child service organization personnel" to include volunteers.
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 public, 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.
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:
hffos://www.cdc.gov/headsup/youfhsports/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
training is only required one time per volunteer, but a copy of the
completed certification must be provided to the City.
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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.
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.
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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 Fist 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
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.
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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.
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.
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13 MAINTENANCE/FACILITY UPKEEP
The Department will be responsible for all field and facility preparation for
all practices and games. This includes game day facility preparation,
grass mowing, and lining of baseball and softball fields. Parks Services
staff will prepare the grass baseball fields 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. Associations will be
notified as early as possible if the fields are not playable. Associations are
prohibited from field use if the field has been deemed "unplayable." In
the event of inclement weather after the City's normal business hours, the
Association is responsible for determining field playability. Associations are
expected to exercise good judgment in determining if a field is playable,
keeping the safety of the players foremost. The City shall maintain a
weather hotline at 678-242-2533 to help communicate the status of the
fields. The City also will update field conditions on the City website here:
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
18
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.weatner.con 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.
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
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scoreboard controllers 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
Associati'on'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;
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
20
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 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.
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.
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24 PUBLIC USE OF FIELDS
The Facility Use Agreement that will be separately issued by the City
applies only to organized league play 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 serve 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.
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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
23
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.
(1) 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.
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(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)
25
PARK/FACILITY REGULATIONS
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.
IO.The use of unmanned aerial vehicles (UAVs) or drones is prohibited at all
active parks within the City.
26
I I. 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 themes) 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
1) 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
27
DEPARTMENT PERSONNEL AND CONTACT INFORMATION
Director
Jim Cregge, CPRP, CYSA 678-242-2489 jim.cregge@cityofmilton a.us
Program Manager
Tom McKlveen, CYSA 678-242-2519 tom.mcklveen@cityofmiltonaa.us
28
ATHLETIC ASSOCIATION ORGANIZATIONAL MANUAL AGREEMENT
This agreement, made this day of , 20 , by the City
of Milton ("City") and New Found Life Youth Football League, Inc. 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 upon the last -dated signature placed
on this agreement and continue indefinitely until the Association ceases to
actively provide recreational programs on City -owned or leased property
or until affirmatively terminated by either party. 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
30
and all claims, demands, or causes of action of whatsoever kind of nature,
and the resulting losses, costs, expenses, reasonable attorneys' 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 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 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 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.
31
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: New Found Life Youth Football League, Inc.
ADDRESS: 1 ) ie' k QQ' b) 1V4-
CITY/STATE/ZAf ) 4
PHONE:
W EBSITE: �N w v� Y
EMAIL: CV ' i U
CITY: City of Milton
Parks and Recreation Department
Attn: Director of Parks and Recreation
2006 Heritage Walk
Milton, GA 30004
678-242-2489
www.cifyofmiltonga.us
iim.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.
32
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]
33
ASSOCIATION:
By: -
President
I"'�
Name: 1
(Typed or Printed)
Date:
(Typed or Printed)
Date: L-A ' I
[AFFIX CORPORATE SEAL]
CITY:
By:
Joe Lockwood
Mayor, City of Milton
Attest:
Name:
Date:
[CITY SEAL]
Approved as to form:
City Attorney
34
ATHLETIC ASSOCIATION FACILITY USE AGREEMENT
This agreement, made this day of 20 , by the
�
City of Milton ("City„) and -C -Und
a Georgia non-profit corporation called the "Organization."
Witnesseth:
In consideration of the mutual agreements contained in this document,
the City and Organization agree as follows:
The Association agrees to provide a youth sports program (organized
league play), to wit Youth football clinics, camps and leagues 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:
Bell Memorial Park Coqburn Woods Elementary School and Hopewell
Middle School
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, etc.) for
approved league play unless otherwise specified. The Organization is
authorized to use the facilities at the following dates and times:
WEEKDAYS: 4:00 PM to 10:00 PM
SATURDAYS: 8:00 AM to 10:00 PM
SUNDAYS: 1:00 PM - 10:00 PM
DATES.: January 1, 2018 - December 31, 2018
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. The agreed to commission
for tackle football is $18.62 per participant.
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 program 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: -6D or-, 4a Sri c� 4" `)/-
Previous Season Participation:
Growth Goal for This Season: DO
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
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. 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.
11. The City may enter the facilities at any time during the period of this
agreement for inspection or supervision as deemed necessary.
12. 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.
13. 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
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.
3
14. 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.
15. For the purpose of this agreement, any notices required to be sent to the
parties shall be mailed to the following respective addresses: l
ORGANIZATION NAME: t-tj U��� Ld
ADDRESS:I60-C," l' aM b 1 Uf—
CITY/STATE/ZIP: lk-1 1 46,17n b )� 3MA
PHONE: Ll 01) � 3 � '( i`J I-L-
WEBSITE-'��ti�'till
EMAIL: Nf
1 ) a
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
Lm.cregge - ctyofmiltonga.0
16. This agreement may be executed in counterparts, each of which shall
constitute an original.
17. 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.
18. The facilities shall not be used for any purpose other than those
designated within this agreement, without the written consent of the City.
19. 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.
4
20. 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.
21. The Organization will adhere to fee policies set by the City, including fees
that may not yet be currently established.
22. 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.
23. 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 Jaws, 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.
24. 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 subsequent 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.
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 1 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:
By:
President
Name; :,r^ L.__e 5
(Typed or Printed)
Name: �01 I-,r(e s4o
(Typed or Printed)
l
Date: d 1 u
[AFFIX CORPORATE SEAL]
CITY:
By:
Steve Krokoff, City Manager
City of Milton
Date:
Ratified by City Council:
By:
Joe Lockwood
Mayor, City of Milton
Date:
EXHIBIT A
[This exhibit to be modified on a case-by-case basis to reflect the varying natut
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.
8
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: NYSCA,
Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher
Ground, US Lacrosse Association, USA Football, National Cheerleading
Association. 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: Q4 de Q -
INDICATE THE ACCEPTABLE COACHING CERTIFICATIONS YOU WILL USE:
TO:
FROM:
I LTO NIt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City ManageQ)
AGENDA ITEM: Approval of the First Amendment to an Intergovernmental
Agreement between the Fulton County Board of Education
(FCBE) and the City of Milton for a Ten Year Agreement to use
Northwestern Middle School for Recreational Purposes.
MEETING DATE: Monday, May 7, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (41 PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,,)AYES () NO
CITY ATTORNEY REVIEW REQUIRED: (41YES () NO
APPROVAL BY CITY ATTORNEY: (,KAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: C)�ID-i i 2 i[
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Jim Cregge, Parks and Recreation Director
Date: Submitted on April 25, 2018 for the May 7, 2018 Regular Council
Meeting
Agenda Item: Approval of the First Amendment to an Intergovernmental
Agreement between the Fulton County Board of Education (FCBE)
and the City of Milton for a Ten Year Agreement to use
Northwestern Middle School for Recreational Purposes
____________________________________________________________________________
Department Recommendation:
Staff is recommending the approval of First Amendment to an Intergovernmental
Agreement between the Fulton County Board of Education (FCBE) and the City of
Milton for a Ten Year Agreement to use Northwestern Middle School for Recreational
Purposes
Executive Summary:
In 2013, the City entered into a five year agreement with FCBE to develop and use the
large rectangular outdoor recreational space at Northwestern Middle School. The
agreement also provides the City first priority access to rent indoor facilities for
basketball programming and other activities. That agreement expires in May 2018. In
2014, the City entered into a second agreement, this one for ten years, with FCBE to
develop two more fields and use the expanded outdoor recreational space at
Northwestern Middle School. This agreement expires in May 2024. This First Amendment
to the second agreement adds the large rectangular space that was covered in the
first agreement to the second agreement. This gives us control of all three fields at
Northwestern Middle School, under one agreement, through May 2024.
Funding and Fiscal Impact:
The City has agreed to continue to provide the maintenance of the outdoor facilities
for the remaining six years of this agreement. Under this revised agreement, the City is
obligated to resurface the Gymnasium Floor once a year for the next six years at a cost
of $2,200/year. This will also directly benefit our basketball program.
Alternatives:
The facilities at Northwestern Middle School are vital to supporting the Girls Lacrosse
programming offered by the Parks and Recreation Department and the projected
growth over the next six years. We currently do not have any other options if these
facilities are not available to the City.
Legal Review:
Jeff Strickland – Jarrard & Davis (March 30, 2018)
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
1) First Amendment to an IGA Agreement with Fulton County Board of
Education
Northwestern Middle School
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT ("Amendment") is
made and effective this_ day of A ril 2018 (the "Effective Date"), by and between the FULTON
COUNTY BOARD OF EDUCATION, acting by and through its authorized officials signing below
(hereinafter referred to as "FCBE"), as lessor, and the CITY OF MILTON, a municipal corporation
of the State of Georgia, acting by and through its authorized official signing below (hereinafter
referred to as "City"), as lessee.
WITNESSETH;
WHEREAS, FCBE owns a certain improved school property located at 12805 Birmingham
Way, Milton, Fulton County, Georgia 30004, known as Northwestern Middle School (hereinafter
referred to as "School Property"); and
WHEREAS, FCBE and City entered into that certain Intergovernmental Agreement dated
April 14, 2014 (the "IGA"), for the joint use by City and FCBE of the baseball and softball field on
the School Property (such field as renovated and expanded according to the IGA, the
"Multipurpose Field"), as well as the Gymnasium, Cafeteria, and other indoor facilities as set
forth therein; and
WHEREAS, a larger multipurpose field is also located on the School Property as identified
on Exhibit "7" attached hereto and incorporated herein by reference (the "Large Multipurpose
Field"); and
WHEREAS, City and FCBE desire to enter into this Amendment to allow the joint use by
City and FCBE of the Large Multipurpose Field along with the Multipurpose Field, the Gymnasium,
Cafeteria, and other indoor facilities as set forth in the IGA.
NOW, THEREFORE, for and in consideration of the premises herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties hereto, FCBE and City mutually covenant and agree as follows:
All capitalized terms herein shall have the meanings ascribed to them in the IGA
unless otherwise provided herein.
2. The "Background Information" section of the IGA, at Section B, is hereby amended to
provide that the term "School Facilities" shall include the Large Multipurpose Field
identified on Exhibit "1" attached hereto and incorporated herein by reference, in
addition to the Multipurpose Field, the Gymnasium, Cafeteria, and other indoor
facilities as set forth therein.
3. Paragraph 3 of the IGA is hereby amended to include the following additional
paragraph:
City shall provide temporary lighting for the Large Multipurpose Field
during the Term, and shall remove such temporary lighting at the
expiration or earlier termination of this Agreement.
4. Paragraph 4(a) of the IGA is hereby amended to provide that all maintenance and
repair obligations for the irrigation system, and all field maintenance, mowing,
fertilizing and re -seeding obligations, and the obligation to make such improvements
as may be necessary or reasonably requested by FCBE, shall apply to the Large
Multipurpose Field as well as to the Multipurpose Field.
5. Paragraph 4 of the IGA is hereby amended to add the following new subsection (d):
City shall perform annual resurfacing of the floor of the Gymnasium on the
School Property. For avoidance of doubt, this annual resurfacing is in
addition to the annual resurfacing performed by FCBE, such that the floor
will be resurfaced twice a year: once by City, and once by FCBE. City shall
coordinate with FCBE to establish a mutually agreeable schedule for such
resurfacing.
6. Paragraph 5 of the IGA is hereby amended to provide that the City shall pay all water
and electricity charges for the maintenance of both the Multipurpose Field and the
Large Multipurpose Field during the Term.
7. Paragraph 12(b) of the IGA is hereby deleted and replaced with the following
language:
Upon expiration or earlier termination of the Agreement, City agrees to
vacate all parts of the School Property. All keys held by City for the School
Facilities shall be returned to FCBE promptly upon such expiration or
termination.
$. Paragraph 13 of the IGA is hereby amended to delete the notice addresses for FCBE
therein and insert the current notice addresses for FCBE as follows:
If to FCBE:
Superintendent
Fulton County Board of Education
6201 Powers Ferry Road NW
Atlanta, Georgia 30339
With a copy to:
Bill Boyajan, Director of Land Management
6201 Powers Ferry Road NW
Atlanta, Georgia 30339
And with a copy to
Nelson Mullins Riley & Scarborough LLP
201 17th Street NW, Suite 1700
Atlanta, Georgia 30363
Attn: Cheryl V. Shaw, Esq.
9. Paragraph 14 of the IGA is hereby amended to add the following new subsections (f)
and (m):
I. Estoppel. At any time and from time to time, City, on or before the date
specified in a request therefor made by FCBE, shall execute, acknowledge
and deliver to FCBE and to such assignee, secured party or other party as
may be designated by FCBE, a certificate (in a form to be reasonably
required by FCBE) setting forth the expiration date of the Term and the
current amount of rent, if any, payable hereunder, and stating whether or
not: (i) this Agreement is in full force and effect; (ii) this Agreement has
been amended or modified in any way; (iii) there are any existing events of
default on the part of any party hereunder to the knowledge of such party
and specifying the nature of such events of default, if any; and (iv) the date
through which any amounts owed hereunder have been paid. Any such
assignee, secured party or other party may rely upon the certificate
delivered by City hereunder.
m. City acknowledges that pursuant to State law, as well as FCBE's
policies, any person listed on the Georgia Violent Sex Offender Registry
maintained by the Georgia Bureau of Investigation is prohibited from being
within 1,000 feet of the School Property. City shall comply with all relevant
laws, rules regulations, including without limitation, the aforementioned
state law, in the performance of City's activities on the School Property.
10. This Amendment may be executed in two or more counterparts, each of which shall
be deemed an original, but which together shall constitute one and the same
instrument. The execution of this Amendment may be confirmed by the exchange of
signature pages as electronic versions in PDF or JPEG format which shall have the
same force and effect as an original.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, FCBE and City have executed this Amendment, effective on the day
and year first above written.
LESSOR:
FULTON COUNTY BOARD OF EDUCATION
By: a 3
Name: rose, Ed. D. Date
Title: Superintendent& � V/Z�
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
LESSEE:
CITY OF MILTON
0
Joe Lockwood, Mayor Date
ATTEST:
Sudie Gordon, City Clerk Date
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TO:
FROM:
AGENDA ITEM:
MEETING DATE
MI r\
LTO
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 3, 2018
Steven Krokoff, City Manage l
Proclamation Recognizing Councilmember Burt Hewitt
Monday, May 7, 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 (,,KN0
CITY ATTORNEY REVIEW REQUIRED: () YES (,,JINO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
Recognition of Councilmember Burt Hewitt’s
Service to the City of Milton
WHEREAS, Burt Hewitt has been a long-term resident of North Fulton
County and was an active community volunteer prior to
the City of Milton’s incorporation on December 1, 2006;
and
WHEREAS, Burt was first elected to serve the City of Milton, District 1,
Post 2 in 2007 and began serving his first term as a member
of the Milton City Council on January 1, 2008; and
WHEREAS, he dutifully served his Milton constituents through his official
May 7, 2018 resignation; and
WHEREAS, Councilmember Hewitt served the Milton community with
distinction, honor, and dedication during critical junctures
and major milestones such as the development and
passage of the City’s first comprehensive plan, extensive
renovations to Bell Memorial Park, the reopening of
Providence Park, and the grand opening of a permanent
City Hall in downtown Crabapple; and
WHEREAS, he was consistent in his efforts to ensure the fair and
equitable treatment of all Milton residents and business
owners; and
WHEREAS, Burt always embraced and emphasized the importance of
the greater good for his community.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton,
wish to share our appreciation and acknowledgement for
Councilmember Hewitt’s dedication to public service and the Milton
community.
Given under my hand and Seal of the City of Milton, Georgia on the 7th
Day of May, 2018.
__________________________
Joe Lockwood, Mayor
I
MILTON'k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 30, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of U18-04/VC18-05 - 13665 Cog burn Road
zoned T-2 by Daufy Adult Community Services for a Use
Permit for Alternative Senior Housing (Sec 64-1844) within an
existing single family residence with an expansion of 2,000
square foot with 4 bedrooms for a total of 8 residents and
construct a new 1,500 square foot guest house and
detached garage. A concurrent variance to reduce the 60
foot primary setback to 50 feet where the house encroaches
(Chapter 64, Art 20 Table 1 l .f.1).
MEETING DATE: Monday, May 7, 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 (INO
CITY ATTORNEY REVIEW REQUIRED: () YES (,rNO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: oi-10i12`"
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 1 of 14
U18-04/VC18-05
PETITION NUMBERS
U18-04/VC18-05
PROPERTY INFORMATION
ADDRESS 13655 Cogburn Road
DISTRICT, LAND LOTS 2/2 896 and 897
EXISTING ZONING T-2 – Deerfield Form Based Code
PROPOSED USE PERMIT Alternative Senior Housing (Sec. 64-1844)
ACRES 1.472 Acres
EXISTING USE Single Family Residence
PROPOSED USE Alternative Senior Housing
PETITIONER/
OWNER Daufy Adult Community Services/ Tammy Urey
ADDRESS 401 S. Main Street, Suite A5
Alpharetta, GA 30009
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 25, 2018
U18-04- APPROVAL CONDITIONAL
VC18-05 – WITHDRAWAL
INTENT
Request for a Use Permit for Alternative Senior Housing (Sec 64-1844) within an
existing single family residence with an expansion of 2,000 square foot with 4
bedrooms for a total of 8 residents and construct a new 1,500 square foot guest
house and detached garage. A request for a concurrent variance to reduce the
60 foot primary setback to 50 feet where the house encroaches (Chapter 64, Art 20
Table 11.f.1).
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 2 of 14
U18-04/VC18-05
PLANNING COMMISSION RECOMMENDATION – APRIL 25, 2018
U18-04- APPROVAL CONDITIONAL – 7-0
VC18-05 – WITHDRAWAL – 7-0
The Planning Commission recommended to approve the Use Permit as
recommended by Staff with the following addition to Condition 1.c. shown in red.
c) Restrict the maximum number of residents to be served within the
Alternative Senior Living Facility to 8.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 3 of 14
U18-04/VC18-05
LOCATION MAP
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 4 of 14
U18-04/VC18-05
CURRENT ZONING MAP
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 5 of 14
U18-04/VC18-05
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 6 of 14
U18-04/VC18-05
SITE PLAN SUBMITTED ON FEBRUARY 27, 2018
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 7 of 14
U18-04/VC18-05
REVISED SITE PLAN RECEIVED ON APRIL 16, 2018
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 8 of 14
U18-04/VC18-05
Subject Site
SUBJECT SITE:
The subject site contains 1.472 acres on the east side of Cogburn Road and is
developed with a single family residence and currently zoned T-2 within the
Deerfield Form Based Code.
The applicant is requesting a Use Permit for an Alternative Senior Housing facility
within an expanded existing house with a total of 2,000 square feet. The primary
house will also have a ten foot deep porch along the front façade. In addition,
the applicant proposes to build a 1,500 square foot guest house and a detached
garage.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted on April 16, 2018, the Community
Development Department offers the following considerations:
DEVELOPMENT STANDARDS – T-2 – Deerfield Form Based Code
Development Standards
Proposed Development
Lot Width – 100 foot minimum 199.8 feet
Lot Coverage 20% maximum (12,825 sq.ft.) 11,664 sq.ft.
Frontage Buildout – Not Applicable N/A
Front Setback – 60 ft. minimum 60 feet*
Side Setback – 25 ft. min Exceeds the minimum on both
sides
Rear Setback – 50 ft. min Exceeds the minimum
Building Height – Maximum 3 stories 1 story
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 9 of 14
U18-04/VC18-05
VC18-04 – Request to reduce the 60 foot primary setback to 50 feet where the
house encroaches (Chapter 64, Art 20 Table 11.f.1).
At the Design Review Board meeting, it was suggested that the applicant
relocate the addition to the house to the north and not to expand to the west
which would require the reduction in the front yard setback. In lieu of the addition
along the front of the existing house, the applicant has proposed a 10 foot deep
porch, which is permitted to encroach into the front yard setback.* The
concurrent variance is no longer needed and therefore, Staff recommends
WITHDRAWAL of VC18-04.
DEVELOPMENT STANDARDS – Alternative Senior Housing Use Permit
Based on the requirements pursuant to Sec. 64-1844, the site plan and the
applicant’s letter of intent indicate compliance with the development standards
for the Use Permit.
ENVIRONMENTAL SITE ANALYSIS
In reference to the Environmental Impacts to the site, it satisfies the requirement
of Section 64-2126. The applicant has addressed the various issues outlined in the
ESA report. The proposed site does contain a small area of wetlands in the
easternmost portion of the property. There are no floodplains, steep slopes,
historical sites or sensitive plant and animal species. The applicant has included
the tree survey on the site plan.
ARBORIST COMMENTS
Development will need to meet Tree Canopy Plan required per Sec. 60-28 of Tree
Canopy Ordinance adopted 2/5/18.
CITY OF MILTON FIRE MARSHAL
The Fire Marshal has no objection to the proposed site plan. All development
plans and building plans will be reviewed by the Fire Marshal prior to any permits
being issued.
TRANSPORTATION ENGINEER
22 Daily trips. Does not require turn lanes based on turn lane warrant
thresholds.
Driveways do not appear to meet required vertical sight.
Sidewalk to be provided due to proximity to school.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 10 of 14
U18-04/VC18-05
PUBLIC INVOLVEMENT
On March 27, 2018 the applicant and engineer were present at the Community
Zoning Information Meeting (CZIM) held at Community Place at City Hall . There
were approximately 5 residents who were in attendance at the meeting. They
voiced the following concern regarding the proposed alternative senior housing
facility: The proposed development may “mission creep” and become larger and
may include the property to the south in the future.
PUBLIC PARTICIPATION REPORT
The applicant held the participation meeting on Monday, April 9, 2018 at 5:00
p.m. at 401 S. Main Street, Suite A5 in Alpharetta. No one attended the meeting.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 10, 2018
Comments:
Be aware of requirements for accessibility in new house: door widths,
grab bars, turning radius.
Possibly put residents in new house instead of the existing house.
Respect the frontage along Cogburn Road. Possibly limit addition or
build to the side in order to stay out of front yard setback.
Area behind parking spaces requires 24 feet for pullout.
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and offers the following
comments:
1. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
The proposed development is located in the “T-2” land use category on
the City of Milton Comprehensive Plan Update Map in the Deerfield Form
Based Code. The proposed use permit for an “Alternative Senior Housing” is
permitted within the T-2 Transect Zone.
2. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 11 of 14
U18-04/VC18-05
The subject site is compatible with the adjacent and nearby land uses and
zoning which include a mix of institutional uses and single family residences.
The property to the north and south is zoned T-2 developed with single
family residences. There is a Civic site located to the northeast and east,
which is Cambridge High School. To the southeast, is T-2 developed with
Stonecreek Church and to the south is a single family residence. On the
west side of Cogburn Road is the City of Alpharetta, zoned Special Use with
property permitted and constructed for a private school (Kings Ridge
Christian Academy) and a soccer field for the school currently under
consideration by the City of Alpharetta. In addition, there is a Use Permit for
a church (not developed) and a single family residence zoned AG-1.
3. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development:
The proposed use does not appear to violate any ordinances or regulations
governing land development.
4. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets:
Based on the type of use and small scale of the proposed senior housing,
there will be minimal impact on the traffic flow, vehicular and pedestrian,
on Cogburn Road.
5. The location and number of off-street parking spaces;
The off street parking is located behind the existing structure and in front of
the guest house/and garage. Per the Zoning Ordinance parking shall be
located to the side and rear of the principal structure , but outside minimum
building setbacks or inside a garage. Below is a table indicating the
required and provided number of parking spaces for the site.
One (1) parking space per two (2) beds and one
(1) parking space per two (2) employees including
the owner/operator. (Sec 64-1844(2)(f.))
8 beds
1 employee
4 parking spaces
1 parking space
Total Required 5 spaces
Total Provided 5 spaces (Of which 1 is handicapped)
6. The amount and location of open space:
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 12 of 14
U18-04/VC18-05
The T-2 transect zone allows a maximum of 20 percent lot coverage. The
parcel has 1,164 sq. ft. or 18 percent of lot coverage which meets this
requirement. In addition, the rear portion (eastern side) is heavily
vegetated with hardwood trees.
7. Protective screening:
The type of use, alternative senior housing, does not require protective
screening but Staff notes that there is a large stand of hardwood trees to
the rear and some along the south and north property lines ranging in size
from 15 to 32 inches in diameter at breast height.
8. Hours and manner of operation:
Since the clients will reside in the house as well as the caretaker, the hours
of operation will be 24 hours a day and 7 days a week.
9. Outdoor lighting:
The applicant has not indicated the addition of lighting on the site. If
lighting is proposed, it must comply with Section 4.12 of the Deerfield Form
Based Code which requires light fixtures to have the light cut off below 90
degrees and the beam shall be cut off at 75 degrees, as well as other
regulations that limit light pollution.
10. Ingress and egress to the property.
The applicant has two existing curb cuts onto Cogburn Road. The Traffic
Engineer has stated that the location of the curb cuts do not meet required
vertical site distance. The applicant has stated that he will increase the
height of the driveway in order to meet the vertical sight distance. The
entrances will be upgraded to commercial entrances as well as widening
the existing drive way between the entrances. Staff notes that the
applicant/owner has already received a right-of-way encroachment
permit to improve the drainage along Cogburn Road.
CONCLUSION
The proposed development of the alternative senior housing use permit is
consistent with the City of Milton Comprehensive Plan Update suggestion of T-2
and consistent with the Use Permit Considerations. This proposal also provides
additional choices for housing for the over 55 population within the City .
Therefore, Staff recommends APPROVAL CONDITIONAL of U18-04. In addition,
Staff recommends WITHDRAWAL of VC18-05.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 13 of 14
U18-04/VC18-05
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for an Alternative Senior Living Facility (Sec. 64-1844) subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to an Alternative Senior Living
Facility.
b) Restrict the total square footage of the structures, including the
primary existing residence and a single guest house, but excluding
accessory structures permitted pursuant to the Zoning Ordinance, to
a maximum total of 3.500 square feet.
c) Restrict the maximum number of residents to be served within the
Alternative Senior Living Facility to 8.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 16, 2018, whereby the
exact layout of the project may contain minor deviations approved
by the Community Development Director provided the deviations
remain consistent with the purpose and intent of the Council’s
approval of the Use Permit. Notwithstanding the contents of the site
plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions prior to the approval of a Land Disturbance Permit. The
site plan may be revised with the approval of the Community
Development Director in order to comply with city codes and zoning
conditions. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
b) Comply with all regulations of the Georgia Department of
Community Health.
Prepared by the Community Development Department for the Mayor and City Council Meeting on May 21, 2018 (First
Presentation on May 7, 2018)
*Based on the revised Site Plan submitted on April 16, 2018
5/3/2018 Page 14 of 14
U18-04/VC18-05
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of the City of Milton Department of Public Works, prior to
the issuance of a Land Disturbance Permit, Subdivision Plat or
Certificate of Occupancy (whichever comes first). Entrance(s) and
frontage improvements shall conform to Chapter 48 Streets,
Sidewalks and Other Public Places of the City of Milton Code of
Ordinances.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by the Milton Public Works Department prior to
submission of land disturbance application.
ORDINANCE NO._______
PETITION NO. U18-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE FOR ALTERNATIVE SENIOR HOUSING (SEC. 64-1844) LOCATED AT
3665 COGBURN ROAD ON 1.47 ACRES WITHIN THE T-2 TRANSECT ZONE OF THE
DEERFIELD FORM BASED CODE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 21, 2018 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the following property located at 3665 Cogburn Road consisting of a total of
approximately 1.47 acres as described in the attached legal description, be
approved for a Use Permit for Alternative Senior Housing with conditions, attached
hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 896 and 897 of the 2nd
District 2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the Alternative Senior Housing listed in the attached
conditions of approval, be approved under the provisions Sec. 64-1844 of the
Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance. Any conditions hereby
approved (including any site plan) do not authorize the violation of any district
regulations; and
SECTION 4. That all ordinances or part of ordinances in conflict with the
terms of this ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 21st day of May, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for an Alternative Senior Living Facility (Sec. 64-1844) subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to an Alternative Senior Living
Facility.
b) Restrict the total square footage of the structures, including the primary
existing residence and a single guest house, but excluding accessory
structures permitted pursuant to the Zoning Ordinance, to a maximum
total of 3.500 square feet.
c) Restrict the maximum number of residents to be served within the
Alternative Senior Living Facility to 8.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 16, 2018, whereby the
exact layout of the project may contain minor deviations approved by
the Community Development Director provided the deviations remain
consistent with the purpose and intent of the Council’s approval of the
Use Permit. Notwithstanding the contents of the site plan, the project
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. The site plan may be revised
with the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
b) Comply with all regulations of the Georgia Department of Community
Health.
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of the City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by the Milton Public Works Department prior to
submission of l and disturbance application.
TO:
FROM:
I LTO Nj 11rA
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Manager ?)
AGENDA ITEM: Consideration of U18-06 - Green Road zoned T-4 Open by
Little Sunshine Daycare for a Use Permit for a 9,700 square
foot day care facility (Sec. 64-1809).
MEETING DATE: Monday, May 7, 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 (INO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: u 51o'121-'
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 1 of 18
U18-06
PETITION NUMBERS
U18-06
PROPERTY INFORMATION
ADDRESS 85 Green Road
DISTRICT, LAND LOTS 2/2 1166
EXISTING ZONING T-4 Open - Crabapple Form Based Code
PROPOSED USE PERMIT Day Care Facility (Sec. 64-1809)
ACRES 1.272 Acres
EXISTING USE Single Family Residence
PROPOSED USE Day Care Facility
PETITIONER Kimley-Horn for Little Sunshine’s Playhouse
Jared McKinnon, PE
ADDRESS 11720 Amber Park Drive, Suite 600
Alpharetta, GA 30009
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 25, 2018
U18-06- APPROVAL CONDITIONAL
PLANNING COMMISSION RECOMMENDATION – APRIL 25, 2018
U18-06- DENIAL – 6-0
(Commissioner Sparkes recused herself based on the fact that she resides within
the adjacent subdivision, Waterside.)
The Planning Commission recommended denial based on the input from the
impacted neighbors citing the existing traffic congestion in the area and the
amount of traffic that would be produced by the proposed day care facility.
INTENT
To request a Use Permit for a 9,700 square foot day care facility within the T-4 Open
Transect Zone on 1.272 acres.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 2 of 18
U18-06
LOCATION MAP
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 3 of 18
U18-06
CURRENT ZONING MAP
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 4 of 18
U18-06
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 5 of 18
U18-06
SITE PLAN SUBMITTED ON FEBRUARY 27, 2018
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 6 of 18
U18-06
REVISED SITE PLAN SUBMITTED ON APRIL 10, 2018
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 7 of 18
U18-06
SUBJECT SITE
LOOKING WEST TOWARD ARNOLD MILL
LOOKING EAST TOWARD CRABAPPLE ROAD
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 8 of 18
U18-06
SUBJECT SITE:
The subject site contains 1.272 acres fronting on Green Road and is developed
with a single family residence and currently zoned T-4 Open within the Crabapple
Form Based Code.
The applicant is requesting a Use Permit for a 9,700 square foot day care facility
with a maximum of 156 children. In addition, the applicant is requesting that the
hours of operation be from 6:00 a.m. to 6:30 p.m., Monday through Friday. The
Crabapple Form Based Code requires that this use obtain a Use Permit.
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted on April 10, 2018 to the
Community Development Department offers the following considerations:
DEVELOPMENT STANDARDS – T-4 Open – Crabapple Form Based Code
Development Standards Proposed Development
Lot Width – 18 ft. minimum and 96 ft. maximum 355 feet (Since this lot was in
existence at the time of the
adoption of the FBC, it is
grandfathered and therefore
does not have to meet these
standards.
Lot Coverage 70% maximum 72 % (A warrant has been
requested, an administrative
variance, to exceed the
maximum.)
Frontage Buildout – 50% minimum Does not meet, but since this lot
was in existence at the time of the
adoption of the FBC, it is
grandfathered and therefore
does not have to meet this
standards.
Front Setback – 10 ft min – 30 ft max 0 feet to 40 feet (A warrant has
been requested, an administrative
variance for the proposed
setback.)
Side Setback – 0 ft. min More than 0 feet
Rear Setback – 3 ft. min More than 3 feet
Building Height – Maximum 3 stories 1 story
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 9 of 18
U18-06
Below, is the applicant’s request and considerations for each of the warrants:
Request for Warrant – Front Setback: 0 feet to 40 feet
Per Crabapple Form-Based Code Section 4.4.1 b, Table 10 states that for T4
zoning front building setback is to be 10’ minimum and 30’ maximum. If
approved, this would not offend the intent of the code due to the majority of the
frontage being just behind the maximum setback. The columns of the porte
cochère will be 20 feet from the curb, thus allowing sufficient area between that
and the street. The shape of the property along with the right-of-way taken on
the northwestern corner of the property along Green Road pushes the building
further back from the property line than desired. If granted, this will not cause a
detriment to the public good or surrounding properties.
Based on the above considerations, the above Warrant is approved for the Front
setback to be 0 feet to 40 feet.
Request for Warrant - Lot Coverage 72% maximum
To meet the minimum requirements for parking on site, we are requesting a
warrant on the max lot coverage of 70%. Per Crabapple Form -Based Code
Section 4.4.1 e, Table 10 states that for T4 zoning the maximum lot coverage is to
be 70%. Currently the site is at a coverage of 72% due to required parking,
building and playground size. If approved this would not offend the intent of the
code. As discussed in the multiple public meetings that have been held, parking
is a concern with the neighboring properties. We are utilizing the least area as
possible to accommodate the minimum parking requirements while taking into
consideration the public’s concerns. If granted, this would be a benefit to
surrounding properties.
Based on the above considerations, the above Warrant is approved for the
Maximum Lot Coverage.
DEVELOPMENT STANDARDS – SEC. 64-1809 – Day Care Facility Use Permit
Based on the requirements pursuant to Sec. 64-1809, the site plan indicates
compliance with the development standards for the Use Permit.
ENVIRONMENTAL SITE ANALYSIS
In reference to the Environmental Impacts to the site, the report satisfies the
requirement of Section 64-2126. The applicant has addressed the various issues
outlined in the ESA report. The proposed site does not contain wetlands,
floodplains, steep slopes, historical sites or sensitive plant and animal species. The
applicant has included the tree survey on the site plan.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 10 of 18
U18-06
ARBORIST COMMENTS
Development will need to meet the Tree Canopy Plan required per Sec. 60-28 of
Tree Canopy Ordinance adopted 2/5/18.
CITY OF MILTON FIRE MARSHAL
The Fire Marshal has no objection to the proposed site plan. All development
plans and building plans will be reviewed by the Fire Marshal prior to any permits
being issued.
TRANSPORTATION ENGINEER
Due to the existing turn lanes in the vicinity and proximity to the intersection of SR
140 and Green Road, a left turn lane is required. Turn lane addition is to
coordinate with existing left and right turn lanes on Green Road at SR 140 to
create a 3 lane section from the proposed site entrance to SR 140.
PUBLIC INVOLVEMENT
On March 27, 2018, the applicant and engineer were present at the Community
Zoning Information Meeting (CZIM) held at Community Place at City Hall . There
were approximately 23 residents in attendance at the meeting. They voiced the
following concerns regarding the proposed day care facility:
Traffic congestion on Green Road, cars are already in gridlock in the
morning and afternoon rush hour. How can there be an additional 150 plus
trips in the morning and afternoon?
Afraid that people will use the residential streets to turn around to get to the
intersection of Arnold Mill and Green Road.
Noise from the outside playground during the day, as many of the nearby
residents are retired.
Lighting of the site will spill over to the residential developments.
The proposed day care facility is too intense of a use for the area.
Green Road is a residential street and a non-residential use shouldn’t be
allowed.
PUBLIC PARTICIPATION REPORT
Staff notes that in addition to the required public participation report, the
applicant and his engineer met informally with the adjacent neighborhoods on
March 28, 2018. The applicant then held the required public participation
meeting on Wednesday, April 11, 2018 at 6 p.m. at Community Place, 2006
Heritage Place. There were seven residents in attendance who made the
following comments. The responses from the applicant are shown below.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 11 of 18
U18-06
1. Utilizing mature trees
The applicant will adhere to all landscape requirements per the City of
Milton, which includes dense landscaping.
2. Prioritizing local enrollment
The applicant will look at sending out pre-enrollment notices to local Milton
residents to encourage local registration.
3. Emergency services impact
The applicant is currently working with the City and will adhere to
requirements from Public Works concerning signage of intersections.
4. Sidewalk connecting townhomes
The applicant will install sidewalks and streetscape in accordance to City
standards.
5. Privacy Fencing
The City is requiring 4-board fencing with wire mesh around the perimeter of
the site, and the applicant will adhere to the requirements.
6. Noise pollution will be mitigated as much as possible with the use of opaque
fencing around the playground, reduced speaker noise and perimeter
landscaping.
In addition to the responses above, the applicant is willing to self-impose the
following conditions regarding neighbor’s concerns:
Normal operating hours will not expand beyond 6:00 am to 6:30 pm
Monday Friday. With exception for occasional special events (parent’s
night out, Holiday programs, Open Houses).
Red carpet service for drop off during peak times –normally between 7:30
am and 8:30 am.
No Little Sunshine bus service bringing kids to the facility.
Special events will be staggered during the day so to even out the traffic
to and from the facility.
External speakers will be turned down as to not disturb the neighbors.
An additional parking area will be created exceeding city parking
requirement.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 10, 2018
Comments:
Applicant should add conditions to use permit to address resident’s
concerns.
Meet conditions of traffic study.
Limit noise/light pollution.
Add limit on afterschool program.
Develop a good landscape plan to shield neighbors.
Present signage package to ensure signage is appropriate.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 12 of 18
U18-06
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
1. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
The proposed development is located in the “T-4 Open” land use category
on the City of Milton Comprehensive Plan Update Map. The proposed use
permit for a day care facility is permitted in the T-4 Open Transect Zone.
2. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
The subject site is compatible with the adjacent and nearby land uses and
zoning: T-5 Transect Zone abutting Arnold Mill Road (SR 140) to the west that
is currently developed with single family residences but if redeveloped will
permit mixed use and or residential up to 9 units per acre, T-5 and T-4 Open
Transect Zones to the northwest with townhomes (Glenview at Arnold Mill)
under development with a permitted maximum density of 9 units per acre
and a permitted maximum density of 5 units per acre respectively for an
actual developed density of 5 units per acre. To the north and northeast is
single family residential (Waterside Subdivision) zoned CUP (Community Unit
Plan) developed at 2.25 and 3.22 units per acre. To the east, is T-4 Open
developed with a single family residence and further to the east is Parkside
at Silos Townhomes developed at a density of 4.2 units per acre.
3. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development:
The proposed use does not appear to violate any ordinances or regulations
governing land development if the requested warrants for maximum front
building setback and lot coverage are approved.
4. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets:
The new trips for the proposed site are estimated to be distributed fairly evenly among
the routes to the site. The highest entering and exiting routes (35% of trips) are proposed
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 13 of 18
U18-06
to be the SR 140 northbound right turn onto Green with right turn into the site and left turn
out of the site with left turn onto SR 140 southbound. The intersections of SR 140 at Green
and SR 372 at Green have been identified for improvement in the 2016 City of Milton
Comprehensive Transportation Plan and the 2018 North Fulton Comprehensive
Transportation Plan.
Additionally SR 140 at Green was included in the 2016 Fulton County Transportation
Special Purpose Local Option Sales Tax initiative project list. The City of Milton and
Georgia Department of Transportation have been coordinating on proposed
improvements for these intersections but timelines for implementation have not yet been
determined. The proposed use will increase trips along the routes to the site but traffic
flow will continue to be impaired until intersection improvements are made for SR 140 at
Green and SR 372 at Green.
The proposed site plan creates a left turn lane into the site by modifying a portion of
existing left turn lane for Waterhaven Lane (west entrance to Waterside) and extending
the taper. To facilitate the highest exiting route, the taper may be replaced with a full
width lane that connects to the left turn lane on Green at SR 140. Below are the summary
of daily and peak hour trips and the distribution percentages for the proposed use:
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 14 of 18
U18-06
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 15 of 18
U18-06
5. The location and number of off-street parking spaces;
The off street parking is located on the sides and rear of the proposed
building which is the appropriate location as required by the Crabapple
Form Based Code. Below is a table indicating the required and provided
number of parking spaces for the site.
3.5 spaces per 1,000 gross square feet
Proposed Building
(9,700 sq.ft.)
9.7 x 3.5 = 34 Spaces
Total Required 34 spaces
Total Provided 35 spaces (Of which 2 are handicapped)
6. The amount and location of open space:
The T-4 Open transect zone requires a maximum of 70 percent lot
coverage. The applicant has exceeded it by 2 percent.
7. Protective screening:
The Crabapple Form Based Code does not require any protective
screening when developing within the T-4 Open Transect Zone when
adjacent to other transect zones within the Form Based Code. The
applicant has agreed to install a maximum five foot high, four board
equestrian style fence with hog wire along the interior property lines. This will
be included in the Recommended Conditions.
8. Hours and manner of operation:
Monday – Friday 6:00 am – 6:30 pm
It is Staff’s opinion that the above mentioned hours and days of operation
are reasonable for the proposed used and will be included in the
Recommended Conditions. The applicant also states there will be
occasional special events such as parent’s night out, holiday events, and
open houses.
9. Outdoor lighting:
The applicant has not indicated any additional lighting on the site. If
lighting is proposed, it must comply with Section 4.12 of the Crabapple
Form Based Code which requires light fixtures shall have the light cut off
below 90 degrees and the beam shall be cut off at 75 degrees as well as
other regulations that limit light pollution.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 16 of 18
U18-06
10. Ingress and egress to the property.
Due to the existing turn lanes in the vicinity and proximity to the intersection
of SR 140 and Green, a left turn lane is required. Turn lane addition is to
coordinate with existing left and right turn lanes on Green at SR 140 to
create a 3 lane section from the proposed site entrance to SR 140.
CONCLUSION
The proposed development of the day care facility is consistent with the City of
Milton Comprehensive Plan Update suggestion of T-4 Open and meets the
development standards for a day care facility use permit. Therefore, Staff
recommends APPROVAL CONDITIONAL of U18-06
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 17 of 18
U18-06
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to
the following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to a day care facility in a
maximum 9,700 square foot structure and associated accessory
structures.
b) Restrict the number of students to 156.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 10, 2018, whereby the
exact layout of the project may contain minor deviations approved
by the Community Development Director provided the deviations
remain consistent with the purpose and intent of the Council’s
approval of the Use Permit. Notwithstanding the contents of the site
plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions prior to the approval of a Land Disturbance Permit. The
site plan may be revised with the approval of the Community
Development Director in order to comply with city codes and zoning
conditions. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
a) Comply with all regulations of the Georgia Department of Early Care
and Learning.
b) Days and hours of operation shall be limited to the following:
Monday through Friday - 6:00 am to 6:30 pm.
c) There shall be no bus service bringing kids to the facility except as
required by the Americans with Disabilities Act.
Prepared by the Community Development Department for the City of Milton Mayor and City Council on May 21, 2018 (First
Presentation on May 7, 2018)
5/3/2018 Page 18 of 18
U18-06
d) During the hours of 7:30 am and 8:30 am, facility staff shall allow drop
off of children directly at the entrance of the building (“Red Carpet
Service”)
e) External speakers shall be turned down in volume as to not disturb
adjacent and nearby neighbors.
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate
of Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances.
b) Turn lane improvements which shall tie to existing infrastructure at the
intersection of Green Road and SR 140 as required and approved by
Milton Public Works.
c) Construct a four-board equestrian style fence with hog wire not to
exceed 60 inches in height along the interior property lines.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by Milton Public Works Department prior to
submission of land disturbance application.
ORDINANCE NO._______
PETITION NO. U18-06
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE FOR A DAY CARE FACILITY (SEC. 64-1809) LOCATED AT 85 GREEN
ROAD ON 1.272 ACRES WITHIN THE T-4 OPEN TRANSECT ZONE OF THE CRABAPPLE
FORM BASED CODE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 21, 2018 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the following property located at 85 Green Road consisting of a total of
approximately 1.272 acres as described in the attached legal description , be
approved for a Use Permit for a Day Care Facility with conditions, attached hereto
and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1166 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the Day Care Facility listed in the attached conditions of
approval, be approved under the provisions Sec. 64-1809 of the Zoning Ordinance
of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance. Any conditions hereby
approved (including any site plan) do not authorize the violation of any district
regulations; and
SECTION 4. That all ordinances or part of ordinances in conflict with the
terms of this ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 21st day of May, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be for a Use
Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to
the following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to a day care facility in a
maximum 9,700 square foot structure and associated accessory
structures.
b) Restrict the number of students to 156.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the revised site plan received by the
Community Development Department on April 10, 2018, whereby the
exact layout of the project may contain minor deviations approved by
the Community Development Director provided the deviations remain
consistent with the purpose and intent of the Council’s approval of the
Use Permit. Notwithstanding the contents of the site plan, the project
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. The site plan may be revised
with the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
a) Comply with all regulations of the Georgia Department of Early Care
and Learning.
b) Days and hours of operation shall be limited to the following: Monday
through Friday - 6:00 am to 6:30 pm.
c) There shall be no bus service bringing kids to the facility except as
required by the Americans with Disabilities Act.
d) During the hours of 7:30 am and 8:30 am, facility staff shall allow drop
off of children directly at the entrance of the building (“Red Carpet
Service”)
e) External speakers shall be turned down in volume as to not disturb
adjacent and nearby neighbors.
3) To the owner’s agreement to the following site development
considerations:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances.
b) Turn lane improvements which shall tie to existing infrastructure at the
intersection of Green Road and SR 140 as required and approved by
Milton Public Works.
c) Construct a four-board equestrian style fence with hog wire not to
exceed 60 inches in height along the interior property lines.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by Milton Public Works Department prior to
submission of land disturbance application.
r
TO:
FROM:
MILTON" k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of RZ18-04 - To amend Article XIX Crabapple
Form Based Code to amend Table 8B Building Unit Function
Exchange Rate as it relates to Lodging.
MEETING DATE: Monday, May 7, 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 (�-KO
CITY ATTORNEY REVIEW REQUIRED: () YES (J -no
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: �'�I07)iuk
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ18-04 – Text Amendment Crabapple Form Based Code prepared for the Mayor and City Council Meeting on May
21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
5/3/20184/30/2018
TABLE 8B: - Building Unit Function Exchange Rate.
This table shows the rate that Building Units shall be exchanged for Functions.
RESIDENTIAL 1 dwelling for each Building Unit
LODGING 2 4 3 guest rooms for each Building Unit
OFFICE 2,250 square feet for each Building Unit
RETAIL 2,250 square feet for each Building Unit
OTHER 2,250 square feet for each Building Unit
( Ord. No. 15-04-242 , § 1, 4-27-2015)
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ18-04
AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM
BASED CODE, TABLE 9B AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XIX, Table 9B 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
I LTO N1 It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 30, 2018
l
FROM: Steven Krokoff, City Manager(
AGENDA ITEM: Consideration of RZ18-05 -To amend Article XX Deerfield
Form Based Code to amend Table 9B Building Unit Function
Exchange Rate as it relates to Lodging.
MEETING DATE: Monday, May 7, 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 (-KN
CITY ATTORNEY REVIEW REQUIRED: () YES (^o
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: C'-vo)2Li�,
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
info@cityofmiltonga.us I www.cityofmiltonga.us
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ18-05 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council Meeting on May
21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
5/3/20184/30/2018
Table 9B: - Building Unit Function Exchange Rate.
This table shows the rate that Buildings Units shall be exchanged for Functions. This table does
not apply to the Five Acre Road Zone, where no exchange is permitted.
RESIDENTIAL 1 dwelling unit for each Building Unit
LODGING 28 guest rooms for each Building Unit
OFFICE 2,250 square feet for each Building Unit
RETAIL 2,250 square feet for each Building Unit
OTHER 2,250 square feet for each Building Unit
( Ord. No. 15-04-240 , § 1, 4-27-2015)
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ18-05
AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM
BASED CODE, TABLE 9B AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XX, Table 9B 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
P40
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
MILTONIP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Manager
Consideration of RZ17-12 - Text Amendment to Article XIX -
Crabapple Form Based Code. l .6.4.b as it relates to lodging.
Monday, May 7, 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 (�1V0
CITY ATTORNEY REVIEW REQUIRED_ () YES (,LNO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: U,iU7I 2,01 t
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ17-12 – Text Amendment to the Crabapple Form Based Code prepared for the Mayor and City Council Meeting
on May 21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
Formatted: Highlight
1.6 - DENSITY CALCULATIONS
1.6.1 Density shall be expressed in building units per acre as specified for each Transect Zone by Table
10 section a.
1.6.2 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density
identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each
shall be calculated independently. The area of new Th oroughfares and Civic Spaces on the site shall be
allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple
Transect Zones, their area shall be proportionally allocated to the adjoining zones.
1.6.3 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone
within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as
established in Section 1.6.2 is not exceeded.
1.6.4 Building units shall be exchanged for Functions at the following rates as established in Table 8B:
a. Residential: 1 dwelling unit for each building unit.
b. Lodging: 2 4 3 guest rooms for each building unit.
c. Office: 2,250 square feet for each building unit.
d. Retail: 2,250 square feet for each building unit.
e. Other: 2,250 square feet for each building unit.
1.6.5 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded
down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section
1.6.4.
1.6.6 Accessory Units do not count toward Density calculations.
1.6.7 Civic Buildings do not count towards Density calculations.
1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations
established in Section 64-1834.
1.6.9 Contributing historic structures in a historic district or property do not count towards Density
calculations.
1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every
one parking space, but not to exceed the Base Density specified as being allowed "By TDR" for each zone
in Table 10 that meets one of the following conditions:
a. Is located within a Parking Structure having two or more above-ground stories, including the
ground level.
b. Is located within a Parking Structure having one or more below-ground stories.
c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within
a straight-line radius of 600 horizontal feet from the parking space to the public entrance of
the establishment.
Parking spaces meeting two or more of the above conditions shall only be considered as meeting
one condition for the purpose of the Building Unit bonus.
1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to
the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7
Formatted: Highlight
Formatted: b0
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-12
AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM
BASED CODE, 1.6.4.b AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XIX, 1.6.4.b 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
MILTONIP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Managerj'�
Consideration of RZ17-13 - Text Amendment to Article XX -
Deerfield Form Based Code, 1.6.4.b as it relates to lodging.
Monday, May 7, 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: () YES (41NO
CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO
APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: a�Ij0112.0 IT
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
rel
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05
regarding lodging in Crabapple and Deerfield Form Based Codes.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendments.
Executive Summary:
RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b
as it relates to lodging
RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as
it relates to lodging
RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B
Building Unit Function Exchange Rate as it relates to Lodging
RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B
Building Unit Function Exchange Rate as it relates to Lodging.
The City of Milton only has one hotel within its jurisdiction. Hotels produce a high
amount of tax revenue through property taxes and the amount of public
services required by the City is minimal. The hotel/motel tax also helps to fund
our special events throughout the year in the City. Over the past few years, hotel
developers have been interested in building hotels in Milton, especially in the
Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres
to keep the development costs down. The current density allocation for hotel
rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within
the T-6 transect zone at 12 units per acre, the maximum number of rooms would
be 48 for the site. This is too low of a number of rooms to develop the site. Staff
has provided the following analysis of nearby hotel locations with their acreage
and number of rooms. Bolded indicates hotel in City of Milton. There are no
hotels or lodging within the Crabapple Form Based Code but it is permitted by
right.
Hotel Acres # of Rooms Average rooms
per acre
Hyatt Place
5595 Windward Pkwy
3.2 128 40
Hampton Inn
16785 Old Morris
2.8 103 37
Comfort Inn
5455 Windward Pkwy
1.2 64 53
Springhill Suites
12730 Deerfield Pkwy
2.35 82 35
Holiday Inn Express
12505 Innovation Way
2.38 135 57
Hilton Gardens Inn
4025 Windward Plaza
3.37 164 49
Double Tree by Hilton 1.7 79 46
Cotton House Hotel (Under
Development)
Milton Ave (Alpharetta)
1.0 119 119
The national occupancy rate for commercial hotels, is shown below by days of
the week. Commercial hotels service short-term, transient visitors. Business
persons are the chief market of commercial houses. Conventioneers, engineers,
salespersons, consultants and small business persons form the core of the
customer base. These hotels locate close to their market, the business
community. Hotels are usually in an urban area but are also located near
arterial highways, research parks, and airports. Because of this type of use the
higher average daily occupancy is during the beginning of the week and lower
during the weekends.
National Occupancy by days of the week
Monday 100%
Tuesday 100%
Wednesday 90%
Thursday 90%
Friday 40%
Saturday 20%
Sunday 20%
Average per 7 days 66%
Source: “The Traditional Hotel Industry”
Staff spoke to a local industry consultant that stated that the demand for hotels,
specifically commercial hotels, is where the business centers are located. For the
City of Milton, that is within proximity of the Windward Parkway/GA 400 area and
therefore would not be in the Crabapple area where it is primarily residential
uses and businesses supporting residential uses.
Staff Recommendation for Deerfield Form Based Code
With these facts in mind, an increase in the number of rooms per unit to 8, the
following would result:
A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would
be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to
be competitive with nearby locations in Alpharetta. A site does not have to
have this large number of rooms, but it allows the market to develop the number
of rooms that will make the project viable. It should also be noted that the
maximum height within the T-6 transect zone is 16 stories and within the T-5
transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per
unit replace the existing 2 hotel rooms per unit to provide the incentive for future
development of hotels within the Deerfield Form Based Code.
Staff Recommendation for Crabapple Form Based Code
A bed and breakfast model would be a better fit for the Crabapple area since
the demand would not support a commercial hotel or even a boutique hotel
since it is located far away from a business center. Staff notes that bed and
breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A
use permit is required for the T-2 and T-3 transect zones and not permitted within
the T4-R transect zone.
Within the Crabapple Form Based Code, the number of rooms could be
increased to 4 rooms per unit to provide an incentive if the market demands it.
Planning Commission Meeting on February 28, 2018
Staff presented the information above regarding the need to revise the number
of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based
Codes. During the discussion, it was suggested that Staff conduct further
research to determine the optimal density for the areas which is included in the
above discussion. The four associated text amendments were deferred to the
April 25, 2018 Planning Commission Meeting.
Planning Commission Meeting on April 25, 2018
Staff presented the updated information above regarding the further research
at the Planning Commission Meeting. In addition, Staff recommended
increasing the rooms per unit from 2 to 8 for the Deerfield Form Based Code and
2 to 4 rooms for the Crabapple Form Based Code. The Planning Commission
agreed with Staff’s recommendation of 8 rooms per unit in Deerfield but
recommended 3 rooms per unit in Crabapple. The Planning Commission’s
recommendations are highlighted in yellow on the proposed text amendments.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Articles XIX and XX– Crabapple and
Deerfield Form Based Codes and ordinances.
RZ17-13 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council Meeting on May
21, 2018 (First Presentation May 7, 2018 and Work Session May 14)
Planning Commission Recommendation highlighted in yellow.
Formatted: Highlight
Formatted: Centered
1.6 - DENSITY CALCULATIONS
1.6.1 Applicability
a. The requirements of this Section 1.6 apply to all areas except the Five Acre Road Density
Zone.
b. In the Five Acre Road Zone, density may not exceed 10,000 square feet of floor area per
acre of Gross Site Area, regardless of Transect Zone or Special District.
1.6.2 Density shall be expressed in building units per acre as specified by Transect Zon e in Table 11
section a.
1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density
identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each
shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be
allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple
Transect Zones, their area shall be proportionally allocated to th e adjoining zones.
1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone
within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as
established in Section 1.6.3 is not exceeded.
1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as
established in Table 9B:
a. Residential: 1 dwelling unit for each building unit.
b. Lodging: 2 8 guest rooms for each building unit.
c. Office: 2,250 square feet for each building unit.
d. Retail: 2,250 square feet for each building unit.
e. Other: 2,250 square feet for each building unit.
1.6.6 Where the exchange of building units for Functions results in a fraction, the fract ion shall be rounded
down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section
1.6.5.
1.6.7 Accessory Units do not count toward Density calculations.
1.6.8 Civic Buildings do not count towards Density calculations.
1.6.9 Senior housing units approved by use permit in accordance with Section 64 -1834 do not count
toward the Density calculations of This Code and are subject to those of Sections 64 -1834.
1.6.10 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to
the amount specified for each zone by Table 11 section (a.), subject to the provisions of Section 1.7, except
that use of TDR is not permitted in the Maximum Two Story Height Zone under either of the followi ng
conditions:
a. The parcel is located north of the centerline of Bethany Bend as depicted on the Regulating Plan;
or
b. The parcel is adjacent to property that is located in the T -2 transect zone, located in the AG-1
(Agricultural) district, or zoned for or developed with a single family dwelling unit, as prohibited in
Section 1.7.6.
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-13
AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM
BASED CODE, 1.6.4.b AS IT RELATES TO LODGING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XX, 1.6.4.b 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
VIA
TO:
FROM:
MILTON'IP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of RZ18-09 - To amend Article XIX Crabapple
Form Based Code to amend Article 3.2 General
Requirements to Prohibit Gates.
MEETING DATE: Monday, May 7, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,,jiAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: („yYES () NO
CITY ATTORNEY REVIEW REQUIRED: WYES () NO
APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: &A4 -11V(1
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Text Amendment – RZ18-09 – To amend Article XIX Crabapple Form
Based Code to amend Article 3.2 General Requirements to prohibit
gates.
Date: April 30, 2018 for the May 21, 2018 Mayor and City Council Meeting
(May 7, 2018 First Presentation and May 14, 2018 Council Work
Session)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The purpose of this text amendment is to prohibit gates, both vehicular and
pedestrian, on public and private properties within the Crabapple Form Based
Code area. It is the intent of the Crabapple Form Based Code to produce a
cohesive and inter-connecting downtown village for access for all the citizens of
the City and its visitors. This text amendment will assist in creating a mix of uses
that will serve to promote a live, work, and play downtown village in Crabapple.
Planning Commission Meeting on April 25, 2018
The Planning Commission supported the proposed text amendment to prohibit
gates within Crabapple. They suggested that the text exclude single family lots
so that an individual owners could construct a gate for their use only. This
proposed text is highlighted in yellow.
Legal Review:
Paul Frickey - Jarrard & Davis (April, 2018)
Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code
and ordinance.
RZ18-09 – Text Amendment to the Crabapple Form Based Code prepared for the City of Milton Mayor
and City Council Meeting on May 21, 2018 (First Presentation on May 7, Work Session on May 14, 2018)
Planning Commission Recommendation highlighted in yellow.
5/3/20184/30/2018
Formatted: Normal, Left
3.2 - GENERAL REQUIREMENTS
3.2.1 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to
provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and
Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall
also be considered part of said Thoroughfare.
3.2.2 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public
Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the
newer Thoroughfare shall taper to meet those of the existing Thoroughfare.
3.2.3 Each lot shall Enfront a vehicular Thoroughfare or a Civic Space. When a lot Enfronts a Civic
Space, the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton
shall still apply.
3.2.4 Standards for new Thoroughfares shall be as follow:
a. In zones T2, T3, T4, T5, new Thoroughfares shall conform to Table 3.
b. In Special Districts, new Thoroughfares shall conform to Table 3 or the requirements of the
Subdivision Ordinance.
c. In all T-Zones and Special Districts, the design of new Thoroughfares shall be subject to
approval of the public works director, who may require alternative standards if the public
health, safety, and welfare demand.
3.2.5 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c.
3.2.6 Rear Alleys shall be paved for their width.
3.2.7 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or
landscaped edges, and have no raised Curb.
3.2.8 Gates or barriers controlling for ingress/egress for vehicular or pedestrian uses shall be
prohibited for all access, including by way of public or private right-of-ways, driveways, or common
parking lots. (Excluding single family lots.)
( Ord. No. 15-04-242 , § 1, 4-27-2015)
Formatted: Normal
Formatted: Highlight
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ18-09
AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM
BASED CODE TO AMEND ARTICLE 3.2 GENERAL REQUIREMENTS TO PROHIBIT
GATES.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on May 21, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XIX, Article 3.2 General
Requirements to prohibit gates 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 21st day of May, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
.M I LT0.N1,1P
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article
VI, Division 10 to Revise the City's Grant Management Policy
Regarding the Approval of Grant Applications and
Acceptance of Grant Awards.
MEETING DATE: Monday, May 7, 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: (✓j'YES () NO
APPROVAL BY CITY ATTORNEY: (.-YAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: ( S1&) Oof
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
info@cityofmiltonga.us I www.cityofmiltonga.us
M
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on April 23, 2018 for the May 7, 2018 Regular City Council Meeting (First
Presentation) and May 21, 2018 (Unfinished Business)
Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 10 to
Revise the City’s Grant Management Policy Regarding the Approval of Grant
Applications and Acceptance of Grant Awards
Department Recommendation:
The recommendation is to approve the amendment as presented.
Executive Summary:
Periodically, the City seeks grant funding for capital projects and even for a few operating
initiatives. Prior to submission, our current policy requires the grant application to be presented to
the mayor and council for approval. Most recently, we’ve experienced a timing issue between
the grant deadline and when the next scheduled council meeting is, which prompted us to
schedule a special-called meeting. While this doesn’t happen often, we wanted to see if there
was a way we could streamline the grant process. With that in mind, we started looking at what
other jurisdictions do and discovered that most cities authorize the city manager to approve the
grant application and then present the acceptance of the award to the council for
consideration. In some cases the awarded grant was accepted by the city manager up to a
certain threshold, and then it was submitted to council for consideration.
We are proposing an amendment to our grant policy that allows the city manager to approve
the grant applications. If the grant award is $50,000 or less, the city manager may accept the
award on behalf of the city. If the award is more than $50,000, the mayor and city council must
approve the acceptance of the award.
Funding and Fiscal Impact:
None
Alternatives:
Keep the policy as is.
Legal Review:
Approved by Jeff Strickland with Jarrard & Davis on 4/13/18
Concurrent Review:
Steven Krokoff, City Manager
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REVISE THE CITY’S GRANT MANAGEMENT POLICY
REGARDING THE APPROVAL OF GRANT APPLICATIONS AND ACCEPTANCE OF
GRANT AWARDS.
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 21st day of May, 2018 at 6:00 p.m., as follows:
WHEREAS, the City has adopted a formal Grant Management Policy, codified at Chapter 2,
Article VI, Division 10 of the City’s Code of Ordinances; and,
WHEREAS, the City desires to revise its Grant Management Policy to streamline the grant
submission and acceptance process;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS
as follows:
1. That Chapter 2, Article VI, Division 10 of The Code of the City of Milton, Georgia, is
hereby amended by adding new subsections after subsection 2-577(b), and renumbering all
subsequent subsections accordingly. The new subsections (c), (d) and (e) shall contain the
following text:
(c) If a grant application requires approval of the local
governing authority prior to submittal, a resolution will be
prepared and presented to the city council for its review and
consideration in advance. If approval of the local governing
authority is not specifically required by the written terms of
the grant prior to its submittal, then the city manager may, at
his or her discretion, approve the submittal of such grant
application. The city manager may present any grant
application to the city council for approval prior to its
submittal.
(d) If the grant award is $50,000 or less, the city manager may
accept the grant award on behalf of the city. The city
manager or receiving department shall brief the city council
of the award during the staff report portion of the regular city
council agenda.
(e) If the grant award is more than $50,000, the acceptance of
the grant award shall only be upon city council approval
through the adoption of an official resolution.
2. That Chapter 2, Article VI, Division 10 of The Code of the City of Milton, Georgia, is
hereby amended by deleting the final subsection of Sec. 2-577:
The mayor and city council shall approve grant applications and
submissions by adopting an official resolution, certified by the city
clerk, that will allow both the submission of the grant application
and the acceptance of the grant award.
3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby
repealed.
4. That this Ordinance shall become effective upon a majority vote by the City Council as
ratified by the Mayor of the City of Milton, Georgia.
SO ORDAINED this 21st day of May, 2018.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(CITY SEAL)
MILTON"IP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 30, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Possible Extension (until September 25, 2018)
to Existing Moratorium Barring the Acceptance of
Applications for Concept Plan Approval, Applications for
Issuance of Land Disturbance Permits, and Applications for
Primary Variances for Gasoline Stations and Service Stations in
the C-1 (Community Business) Zoning District within the Rural
Milton State Route 9, and Birmingham Crossroads Overlay
Districts.
MEETING DATE: Monday, May 7, 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 (INO
CITY ATTORNEY REVIEW REQUIRED: () YES (,INO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 6S1U7)-A'lt
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
1
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING
UNTIL SEPTEMBER 25, 2018, AN EXISTING MORATORIUM TO BAR THE
ACCEPTANCE OF APPLICATIONS FOR CONCEPT PLAN APPROVAL,
PRIMARY VARIANCES AND APPLICATIONS FOR ISSUANCE OF LAND
DISTURBANCE PERMITS FOR GASOLINE STATIONS AND SERVICE
STATIONS IN THE C-1 (COMMUNITY BUSINESS) ZONING DISTRICT
WITHIN THE RURAL MILTON, STATE ROUTE 9 AND BIRMINGHAM
CROSSROADS OVERLAY DISTRICTS
WHEREAS, Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers
the City to regulate development within the City limits through zoning; and
WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”)
divides property within the City into various districts, and regulates the use and development of
property based on the district to which the property is designated; and
WHEREAS, the City Council has asked the Community Development department to consider
changes to the development standards and requirements for the Rural Milton Overlay District,
State Route 9, and Birmingham Crossroads Overlay District; and
WHEREAS, the City Council intends to consider amendments to the zoning ordinance with
respect to possible changes to the standards and requirements for the Rural Milton, State Route 9,
and Birmingham Crossroads Overlay Districts; and
WHEREAS, on April 8, 2018, City Council adopted an emergency, temporary moratorium
barring until May 8, 2018, the acceptance of applications for concept plan approval, primary
variances and applications for issuance of land disturbance permits for gasoline stations and
service stations within the C-1 (Community Business) zoning district within the Rural Milton,
State Route 9, and Birmingham Crossroads Overlay Districts (the “Gasoline Station and Service
Station Moratorium”; and
WHEREAS, the City Council conducted a properly noticed public hearing on May 7, 2018, to
consider the possible extension of the Gasoline Station and Service Station Moratorium; and
WHEREAS, the City finds extending until September 25, 2018 the Gasoline Station and Service
Station Moratorium, barring until May 8, 2018, the acceptance of applications for concept plan
approval, applications for issuance of land disturbance permits and applications for primary
variances for gasoline stations and services stations in property located in the C-1 (Community
Business) zoning district within the Rural Milton, State Route 9 and Birmingham Crossroads
Overlay Districts, to be reasonably necessary, the least restrictive means available, a reasonable
exercise of the City’s police power, and in the best interests of the public health, safety, and
welfare;
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
2
1. The City does hereby extend until September 25, 2018, the existing moratorium
barring acceptance of applications for concept plan approval, applications for
issuance of land disturbance permits, and applications for primary variances for
gasoline stations and service stations located in the C-1 (Community Business)
zoning district within the Rural Milton, State Route 9 and Birmingham Crossroads
Overlay Districts, in order to consider amendment of the zoning ordinance with
respect to standards and requirements related to gasoline stations and service
stations for the Rural Milton, State Route 9 and Birmingham Crossroads Overlay
Districts.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(1) September 25, 2018; (2) approval by the City Council of an additional
moratorium after a public hearing; or (3) the adoption of an amendment to the
zoning ordinance with respect to the standards and requirements for the C-1
(Community Business) Zoning District within the Rural Milton, State Route 9,
Birmingham Crossroads Overlay Districts or C-1 (Community Business) Zoning
District.
3. The moratorium imposed herein does not limit the ability to submit applications for
concept plan approval or for issuance of land disturbance permits or applications
for primary variances for property located outside of the C-1 (Community
Business) zoning district in the Rural Milton, State Route 9 and Birmingham
Crossroads Overlay Districts or to property located outside of the Rural Milton,
State Route 9 and Birmingham Crossroads Overlay Districts, or to development
other than gasoline stations and service stations.
4. The moratorium imposed herein does not limit the ability of any property owner to
develop their land in accordance with previously submitted applications or
approvals.
This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor
of the City of Milton, Georgia.
SO RESOLVED, the public’s health, safety, and welfare demanding it, this 7th day of May, 2018.
_____________________________
Joe Lockwood, Mayor
Attest:
______________________________ (SEAL)
Sudie Gordon, City Clerk
NOTICE OF PUBLIC HEARING REGARDING POSSIBLE EXTENSION (UNTIL SEPTEMBER
25, 2018) TO EXISTING MORATORIUM BARRING THE ACCEPTANCE OF
APPLICATIONS FOR CONCEPT PLAN APPROVAL, APPLICATIONS FOR ISSUANCE OF
LAND DISTURBANCE PERMITS, AND APPLICATIONS FOR PRIMARY VARIANCES FOR
GASOLINE STATIONS AND SERVICE STATIONS IN THE C-1 (COMMUNITY BUSINESS)
ZONING DISTRICT WITHIN THE RURAL MILTON, STATE ROUTE 9, AND BIRMINGHAM
CROSSROADS OVERLAY DISTRICTS
The Milton City Council will hold a Public Hearing on Monday, May 7th, at
6:00 p.m. at Milton City Hall in the City Council Chambers located at 2006 Heritage
Walk, Milton, Georgia regarding a possible extension until September 25, 2018 of
the moratorium that was approved by the Council on April 9, 2018. The
moratorium bars acceptance of applications for Concept Plan approval ,
applications for issuance of Land Disturbance permits and applications for
primary variances for gasoline stations and service stations in the C-1 (Community
Business) zoning district within the Rural Milton, State Route 9, and Birmingham
Crossroads Overlay Districts. All citizens are invited to attend.
Milton City Council.
TO:
FROM:
M I I TC) NIP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 2, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration for Possible Rescission of Previous Council
Approval of Use Permit Applications U 18-02, U 18-03 and
VC 18-02 for Apartments (Sec. 64-1839) and Senior Housing
(Sec. 64-1834) to Develop 42 Condominiums Requested by
Strawberry Fields Milton, LLC Located at 12655 Birmingham
Hwy. (Currently Zoned T-5 and T-4 Open Transect Zones within
the Crabapple Form Based Code).
MEETING DATE: Monday, May 7, 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: (, 4ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,K'ES () NO
APPROVAL BY CITY ATTORNEY: (,APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Consideration for Possible Rescission of Previous Council Approval of
Use Permit Applications U18-02, U18-03 and VC18-02 for Apartments
(Sec. 64-1839) and Senior Housing (Sec. 64-1834) to Develop 42
Condominiums Requested by Strawberry Fields Milton, LLC Located
at 12655 Birmingham Hwy. (Currently Zoned T-5 and T-4 Open
Transect Zones within the Crabapple Form Based Code).
Date: May 2, 2018 for the May 7, 2018 Mayor and City Council Meeting
Department Recommendation:
The Community Development Department recommends approval of the
proposed actions by the Mayor and City Council.
Executive Summary:
Staff provided to the Mayor and City Council on March 19, 2018 (First
Presentation on March 7, 2018) a Staff Report and Recommended Conditions
for U18-02, U18-03 and VC18-02 to develop 42 condominiums (Senior Housing for
persons 55 and over) at 12655 Birmingham Hwy containing 4.37 acres. The
conditions approved at the meeting inadvertently conditioned approval on
limiting development of the entire 4.37 acres to Senior Housing and did not allow
for the front portion of the property (2.03 acres zoned T-5) to be developed with
the applicant’s proposed mixed use development containing office, retail and
residential within the parameters of the T-5 Transect Zone.
In order for the appropriate conditions (correcting the prior conditions so as to
reflect the intent of the Council at the prior meeting) to be approved, the Mayor
and City Council will need to first vote for the Rescission and then approve the
Use Permits with the attached, corrected set of conditions prepared by Staff.
The rescission of the March 19, 2018 action by the Mayor and City Council and
additional zoning action of the above mentioned cases will resolve this conflict
between the existing conditions of zoning and the intended future development
of the property.
Legal Review:
Paul Frickey - Jarrard & Davis (May 2, 2018)
Attachment(s): 1) An Ordinance to Rescind Ordinance No. 18-03-343
ORDINANCE NO._______
PETITION NO. U18-02 U18-03
VC18-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO RESCIND ORDINANCE NO. 18-03-343 (APPROVING TWO USE
PERMITS, FOR APARTMENTS (SEC. 64-1839) AND SENIOR LIVING (SEC. 64-1834), ON
4.37 ACRES LOCATED AT 12655 BIRMINGHAM HWY. AND A VARIANCE TO DELETE THE
REQUIREMENT FOR A MINIMUM OF 300 CUBIC FEET OF SEPARATE CONTIGUOUS
STORAGE SPACE FOR EACH UNIT)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 7, 2018 at 6:00 p.m. as follows:
SECTION 1. That Ordinance #18-03-343, approved on March 19, 2018, and
approving two Use Permits for apartments (sec. 64-1839) and senior living (sec. 64-
1834) on 4.37 acres located at 12655 Birmingham Hwy., and approving a variance
to delete the requirement for a minimum of 300 cubic feet of separate contiguous
storage space for each unit, is hereby rescinded and of no force or effect as if it
had never been approved
SECTION 2. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 7th day of May, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
TO:
FROM:
I LTO Nr
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: May 2, 2018
Steven Krokoff, City Manage
AGENDA ITEM: Consideration of an Ordinance to Approve Two Use Permits
for Apartments (Sec. 64-1839) and Senior Living (Sec. 64-1834)
on 4.37 Acres Located at 12655 Birmingham Hwy. and a
Variance to Delete the Requirement for a Minimum of 300
Cubic Feet of Separate Contiguous Storage Space for Each
Unit.
MEETING DATE: Monday, May 7, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (q -APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (rYES () NO
CITY ATTORNEY REVIEW REQUIRED: (1YES () NO
APPROVAL BY CITY ATTORNEY. (eAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: UQ,;,I )joy
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us
0000
From: Kathleen Field, Community Development Director
To: Honorable Mayor and City Council Members
Re: Consideration of An Ordinance to Approve Two Use Permits for
Apartments (Sec. 64-1839) and Senior Living (Sec. 64-1834) on 4.37
Acres Located at 12655 Birmingham Hwy. and a Variance to Delete
the Requirement for a Minimum of 300 Cubic Feet of Separate
Contiguous Storage Space for Each Unit.
Date: May 2, 2018 for the May 7, 2018 Mayor and City Council Meeting
Department Recommendation:
The Community Development Department recommends approval of the
proposed actions by the Mayor and City Council.
Executive Summary:
Staff provided to the Mayor and City Council on March 19, 2018 (First
Presentation on March 7, 2018) a Staff Report and Recommended Conditions
for U18-02, U18-03 and VC18-02 to develop 42 condominiums (Senior Housing for
persons 55 and over) at 12655 Birmingham Hwy containing 4.37 acres. The
conditions approved at the meeting inadvertently conditioned approval on
limiting development of the entire 4.37 acres to Senior Housing and did not allow
for the front portion of the property (2.03 acres zoned T-5) to be developed with
the applicant’s proposed mixed use development containing office, retail and
residential within the parameters of the T-5 Transect Zone.
In order for the appropriate conditions (correcting the prior conditions so as to
reflect the intent of the Council at the prior meeting) to be approved, the Mayor
and City Council will need to first vote for the Rescission and then approve the
Use Permits with the attached, corrected set of conditions prepared by Staff.
The rescission of the March 19, 2018 action by the Mayor and City Council and
additional zoning action of the above mentioned cases will resolve this conflict
between the existing conditions of zoning and the intended future development
of the property.
Legal Review:
Paul Frickey - Jarrard & Davis (May 2, 2018)
Attachment(s): 1) An Ordinance to Approve Two Use Permits and Concurrent
Variance.
Page 1 of 6
ORDINANCE NO._______
PETITION NO. U18-02 U18-03
VC18-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE TWO USE PERMITS FOR APARTMENTS (SEC. 64-1839)
AND SENIOR LIVING (SEC. 64-1834) ON 4.37 ACRES LOCATED AT 12655 BIRMINGHAM
HWY. AND A VARIANCE TO DELETE THE REQUIREMENT FOR A MINIMUM OF 300 CUBIC
FEET OF SEPARATE CONTIGUOUS STORAGE SPACE FOR EACH UNIT
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 7, 2018 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the property located at 12655 Birmingham Hwy, consisting of a total of
approximately 4.37 acres, as described in the legal description attached hereto as
Exhibit “A”, be approved for Use Permits for a Apartments and Senior Living subject
to the Conditions of Approval described in Exhibit “B” hereto, and a variance to
delete the requirement for a minimum of 300 cubic feet of separate contiguous
storage space for each Senior Living Apartment unit approved hereby; and
SECTION 2. That the Apartments and Senior Living Use Permits approved
hereby are subject to the provisions of Sec. 64-1839 and Sec. 64-1834, respectively,
of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the
Conditions of Approval as described in Exhibit “B” hereto; provided that no uses or
conditions hereby approved (including any site plan) shall authorize the violation of
any district regulations other than as authorized by the variance approved hereby;
and
SECTION 4. That all ordinances or part of ordinances otherwise in conflict
with the terms of this ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
Page 2 of 6
ORDAINED this 7th day of May, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
Page 3 of 6
EXHIBIT “B”
CONDITIONS OF APPROVAL
This petition is approved by the Mayor and City Council for a Use Permit for Senior
Housing (Sec. 64-1834) and a Use Permit for Apartments (Sec. 64-1839) subject to
the owner’s agreement to the following enumerated conditions.
1) To the owner’s agreement to restrict the use of the subject property as follows:
a) The rear portion of the subject property that is located within the T-4
Open Transect Zone (2.34 +/- acres) only shall be used exclusively for
Senior Condominiums (U18-02 – Senior Housing and U18-03 -
Apartments) and allowed accessory uses. The front portion of the
subject property that is located within the T-5 Transect Zone (2.03 +/-
acres) shall not be subject to this use limitation, but shall be subject to
the requirements and restrictions otherwise applicable pursuant to the
Zoning Ordinance, including, but not limited to those uses permitted
within the T-5 Transect Zone within the Crabapple Form Based Code
District.
b) No more than 42 total Senior Housing Apartment dwelling units at a
maximum density of 17.95 units per acre, whichever is less, based on
the rear 2.34 acres of the property located within the T-4 Open
Transect Zone that is limited to Senior Condominiums in Condition 1(a).
(The maximum approved unit totals are not guaranteed, and the
developer is responsible through site engineering (at the time of
application for a Land Disturbance Permit) to demonstrate that all units
within the approved development meet or exceed all the
development standards of the City of Milton. The total unit yield of the
subject site shall be determined by this final engineering.)
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the Land Use Site Plan dated January 4,
2018 by Shields Engineering Group, received by the Community
Development Department on January 5, 2018, and attached hereto as
Exhibit “C”, whereby the exact layout of the project may contain minor
deviations approved by the Community Development Director
provided the deviations remain consistent with the purpose and intent
of the Council’s approval of the Use Permit. Notwithstanding the
contents of the site plan, the project must meet or exceed the
Page 4 of 6
requirements of the Zoning Ordinance, all other applicable city
ordinances and these conditions prior to the approval of a Land
Disturbance Permit. The site plan may be revised with the approval of
the Community Development Director in order to comply with city
codes and zoning conditions. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of
the first Certificate of Occupancy.
3) To the owner’s agreement to abide by the following requirements,
a) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Land
Disturbance Permit, Subdivision Plat or Certificate of Occupancy
(whichever comes first). Entrance(s) shall conform to Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton Code of
Ordinances.
b) Provide two driveways at locations coordinated with Northeast
Crabapple Connector Roadway project and approved by Milton
Public Works.
4) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of
land disturbance application.
Page 5 of 6
EXHIBIT “C”
Site Plan Received on January 5, 2018
Page 6 of 6
EXHIBIT “A”
M ILTO N'11N
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: M,ay 1, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks
and Recreation Fees and Other Charges, Chapter 34, Section
24 of the Milton City Code.
MEETING DATE: Monday, May 7, 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: (OES () NO
CITY ATTORNEY REVIEW REQUIRED: („ L fES () NO
APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: "1) ?-it
2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.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)
N W,
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
MILTON"
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Manager
Consideration of a Resolution Accepting the Resignation of
Councilmember Burt Hewitt, District 1 / Post 2.
Monday, May 7, 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 () NO
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 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
Burt Hewitt
180 Gibbs Road
Cam -on, CIA 30115
April 23, 2018
Mayor Joe Lco,,kwood
Council member Joe LAangoria
Council member La= Bentley
Council member Matt Kun7
Council member Peyton Jamison
Coumil member Rick Moh ig
City of Milton
Milton City Hall
2006 Heritage Walk
M11ton4 Gama 30004
Re, Resignation from the f itv Council
D= mmtKTs of the City of )Milton govermir authority_
I deliver this eorrporrdence in acted with the Milton Charter and f -C_GA_ 45-5-
5(b). [t is with regret t} at 1 am must inform you of my decision to resign my position from
the District 1/Past 2 sem on the Milton City Council. My resignation will becz me c6cctive
at midnight on Wy 7, 2018, and 1 intend to fulfill my obilgations as a< Council member until
that date- My family wIR be, rekwating to Canton, GA and this will take me away Cron the
community and r=der me ineligible to fulfill thy: obligWoxrs of my position as
C'ouncAmember_ This resignation is tend d to the Council with ft., request tbax it he
fornnal ly a mptied by the City Cutmi�i at the ounci 1`s upcoming May 7, 2018 regular
meeting' I acknowledge that this re-.ig nation is liml and non -revocable upon it being
accepted by the C axcil- My time of seri ice for the City of Milton has brmight me i
pride._ It has been an honer searing the residents of District I IPc*t 2_
fest 1�
Burt Hewitt
Steve Krokeff, City Mariagcr
Page 1 of 2
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO._____________
A RESOLUTION ACCEPTING THE RESIGNATION OF
COUNCIL MEMBER BURT HEWITT, DISTRICT 1/POST 2
WHEREAS, Burt Hewitt has served the City of Milton since January 1, 2008 as a City
Council member representing District 1/Post 2; and
WHEREAS, during Council member Hewitt’s tenure he faithfully served his
constitutents; and
WHEREAS, Council member Hewitt has submitted a letter of resignation to the City
Council (“Council”) with an effective date for said resignation being May 7, 2018; and
WHEREAS, the Council accepts Council member Hewitt’s resignation; and
WHEREAS, O.C.G.A. § 45-5-1(a)(2) provides that all offices within the state shall be
vacated by resignation, when accepted; and
WHEREAS, Council member Hewitt’s resignation, upon acceptance by the Council, is
final and cannot be withdrawn; and
WHEREAS, the Council desires to comply with all provisions of local and state law with
respect to the resignation of Council member Hewitt.
NOW, THEREFORE, THE COUNCIL FOR THE CITY OF MILTON HEREBY
ORDAINS THE FOLLOWING:
SECTION 1: The above stated recitals are incorporated herein by this reference.
SECTION 2: The Council accepts the non-revocable resignation of Council member
Hewitt, with an effective date of May 7, 2018, and hereby declares a
vacancy, as a matter of law, for the District 1/Post 2 seat on the Council for
Page 2 of 2
the City of Milton. This vacancy shall be effective as of the date of this
Resolution accepting Council member Hewitt’s resignation as provided for
at O.C.G.A. § 45-5-1(a)(2).
SECTION 3: If any portion of this Resolution is found and determined to be invalid, the
invalid portion shall be stricken herefrom and the remainder shall be in full
force and effect.
SECTION 4: This Resolution shall be in full force and effect from and after its passage
and approval.
BE IT SO RESOLVED, this 7th day of May, 2018, by the Council of the City of Milton,
Georgia.
Approved:
__________________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Sudie AM Gordon, City Clerk
07s
MILTON�t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 30, 2018
FROM: Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of a Resolution of the City of Milton for a New
TSPLOST Account with Georgia Fund 1 State Investment Pool
Account.
MEETING DATE: Monday, May 7, 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 (k10
CITY ATTORNEY REVIEW REQUIRED: () YES Q„JINO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0--�3101171t'
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: Stacey Inglis, Assistant City Manager
Date: Submitted on April 23, 2018 for the May 7, 2018 Regular City Council Meeting
Agenda Item: Consideration of a Resolution of the City of Milton for a New TSPLOST Account
with Georgia Fund 1 State Investment Pool Account
Department Recommendation:
The recommendation is to approve the resolution as presented.
Executive Summary:
The Georgia Fund 1 (GF1) is a public sector mutual fund for Georgia cities, counties, and school
districts and was created to allow local governments to consolidate and invest idle funds. The
Fund’s allowable investments mirror those that can be purchased directly by local governments.
Those investments include obligations issued, insured or guaranteed by the federal government.
The funds are not locked into longer maturities, so the liquidity is flexible.
While we currently have an existing account with GF1, we would like to create a new account for
TSPLOST funds. These funds should be segregated from other idle funds because the interest
earned can only be used for TSPLOST projects. As of the end of March, we have over $5.3 million
in our TSPLOST account.
The monthly yield for GF1 is 1.51%, which is higher than our money market funds at 1.25%.
Funding and Fiscal Impact:
Increase in interest earnings will positively impact revenues.
Alternatives:
None identified.
Legal Review:
N/A
Concurrent Review:
Steven Krokoff, City Manager
SunTrust TSPLOST Account
Alpharetta, GA
GEORGIA FUND 1
(local government investment pool)
RESOLUTION TO AUTHORIZE INVESTMENT
WHEREAS, Ga. Code Ann. §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorized
entities to invest funds through the local government investment pool, and
WHEREAS, from time to time it may be advantageous to the to deposit funds available for City of Milton,
Georgia investment in Georgia Fund 1 (hereinafter referred to as the local government investment pool) as it may deem
appropriate; and
WHEREAS, to provide for the safety of such funds deposited in the local government investment pool,
investments are restricted to those enumerated by Ga. Code Ann. §36-83-8 under the direction of the State Depository
Board, considering first the probable safety of capital and then the probable income to be derived; and
WHEREAS, such deposits must first be duly authorized by the governing body of the local government or
authorized entity and a certified copy of the resolution authorizing such investment filed with the Treasurer of the Office
of the State Treasurer; and
WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the
local government investment pool; and
WHEREAS, Ga. Code Ann. §36-83-8 requires a statement of the approximate cash flow requirements of the
participating government pertaining to the funds to accompany the authorization to invest such funds at the time such
deposits are duly authorized;
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that funds of the City of Milton may
be deposited from time to time in the manner prescribed by law and the applicable policies and procedures for the local
government investment pool.
BE IT FURTHER RESOLVED THAT:
1. Any one of the following individuals shall be authorized to deposit and/or withdraw funds from the local
government investment pool on behalf of such government or other authorized entity (if a listed
individual is employed by an entity other than the depositor, indicate employer):
Steven Krokoff, City Manager, City of Milton, 678.242.2500, steven.krokoff@cityofmiltonga.us
Stacey Inglis, Assistant City Manager, City of Milton, 678.242.2500, stacey.inglis@cityofmiltonga.us
Bernadette Harvill, Finance Director, City of Milton, 678.242.2500, bernadette.harvill@cityofmiltonga.us
2. All withdrawals from the local government investment pool shall be wired to the following participant’s
demand deposit account: (Many banks have separate instructions for wires and ACH deposits. Please
verify both sets of instructions with your bank and provide them below. This will ensure accurate
delivery of your funds to the designated bank account).
(For ACH) ________________________________________ _____________________________________________
(Local Bank Name) (Account Title)
__ _____________________ ________________________ ________________________
(ABA Number) (Account Number) (City, State)
X
X 2330
SunTrust City of Milton Depository Account
Alpharetta, GA
(For WIRE) _________________________________ ____________________________________________________
(Local Bank Name) (Account Title)
__ ______________________ ________________________ ________________________
(ABA Number) (Account Number) (City, State)
3. The local government investment pool monthly statements of account to:
Bernadette Harvill, Finance Director
(Attention)
2006 Heritage Walk
(Address)
Milton, GA 30004
(City, State & Zip Code)
4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to
the Office of the State Treasurer. Until such a replacement resolution is received by the Office of the State
Treasurer, the above authorized individuals, local government demand account instructions and statement
mailing address(es) shall remain in full force and effect.
5. The following schedule represents the period in which existing balances are currently expected to remain
invested in the local government investment pool:
30% 30 days or less;
30% more than 30 days, but less than 90 days;
40% 90 days or longer.
100%
Entered at City of Milton, Georgia this ___________ day of ________________________ 20___.
(Signature of Head of Governing Authority)
Joe Lockwood
(Please Print or Type – Head of Governing Authority
Mayor
(Title)
Sworn to and subscribed before me this ________ day of ____________________________ 20____.
(Notary Public)
Please complete and return an original copy to:
Georgia Fund 1 Telephone: (404) 651-8964 or (404) 656-2993
Office of the State Treasurer Toll Free: (800) 222-6748
200 Piedmont Avenue Fax: (404) 656-9048
Suite 1204, West Tower
Atlanta, GA 30334-5527
Georgia Fund 1 (local government investment pool) deposits are not guaranteed or insured by any bank, the Federal Deposit
Insurance Corporation (FDIC), the Federal Reserve Board, the State of Georgia or any other agency.
NOTARY SEAL
01
TO:
FROM:
M1 LTO NIP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: April 30, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution of the City of Milton to Revise
the Authorized Signers and Contact Information for the City's
Georgia Fund 1 State Investment Pool Account.
MEETING DATE: Monday, May 7, 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 () NO
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 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on April 23, 2018 for the May 7, 2018 Regular City Council Meeting
Agenda Item: Consideration of a Resolution of the City of Milton to Revise the Authorized Signers
and Contact Information for the City’s Georgia Fund 1 State Investment Pool
Account
Department Recommendation:
The recommendation is to approve the resolution as presented.
Executive Summary:
The Georgia Fund 1 is a public sector mutual fund for Georgia cities, counties, and school districts
and was created to allow local governments to consolidate and invest idle funds. The City has
held an account with Georgia Fund 1 since our inception in 2006. The authorized signers and
mailing address need to be updated and must be done via a resolution adopted by city council.
Funding and Fiscal Impact:
None
Alternatives:
None identified.
Legal Review:
N/A
Concurrent Review:
Steven Krokoff, City Manager
SunTrust City of Milton Depository Account
Alpharetta, GA
GEORGIA FUND 1
(local government investment pool)
RESOLUTION TO AUTHORIZE INVESTMENT
WHEREAS, Ga. Code Ann. §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorized
entities to invest funds through the local government investment pool, and
WHEREAS, from time to time it may be advantageous to the to deposit funds available for City of Milton,
Georgia investment in Georgia Fund 1 (hereinafter referred to as the local government investment pool) as it may deem
appropriate; and
WHEREAS, to provide for the safety of such funds deposited in the local government investment pool,
investments are restricted to those enumerated by Ga. Code Ann. §36-83-8 under the direction of the State Depository
Board, considering first the probable safety of capital and then the probable income to be derived; and
WHEREAS, such deposits must first be duly authorized by the governing body of the local government or
authorized entity and a certified copy of the resolution authorizing such investment filed with the Treasurer of the Office
of the State Treasurer; and
WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the
local government investment pool; and
WHEREAS, Ga. Code Ann. §36-83-8 requires a statement of the approximate cash flow requirements of the
participating government pertaining to the funds to accompany the authorization to invest such funds at the time such
deposits are duly authorized;
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that funds of the City of Milton may
be deposited from time to time in the manner prescribed by law and the applicable policies and procedures for the local
government investment pool.
BE IT FURTHER RESOLVED THAT:
1. Any one of the following individuals shall be authorized to deposit and/or withdraw funds from the local
government investment pool on behalf of such government or other authorized entity (if a listed
individual is employed by an entity other than the depositor, indicate employer):
Steven Krokoff, City Manager, City of Milton, 678.242.2500, steven.krokoff@cityofmiltonga.us
Stacey Inglis, Assistant City Manager, City of Milton, 678.242.2500, stacey.inglis@cityofmiltonga.us
Bernadette Harvill, Finance Director, City of Milton, 678.242.2500, bernadette.harvill@cityofmiltonga.us
2.All withdrawals from the local government investment pool shall be wired to the following participant’s
demand deposit account: (Many banks have separate instructions for wires and ACH deposits. Please
verify both sets of instructions with your bank and provide them below. This will ensure accurate
delivery of your funds to the designated bank account).
(For ACH) ________________________________________ _____________________________________________
(Local Bank Name) (Account Title)
__ _____________________ ________ _____________________ ________________________
(ABA Number) (Account Number) (City, State)
X
X 2330
2330
SunTrust City of Milton Depository Account
Alpharetta, GA
(For WIRE) _________________________________ ____________________________________________________
(Local Bank Name) (Account Title)
__ ______________________ ________________________ ________________________
(ABA Number) (Account Number) (City, State)
3. The local government investment pool monthly statements of account to:
Bernadette Harvill, Finance Director
(Attention)
2006 Heritage Walk
(Address)
Milton, GA 30004
(City, State & Zip Code)
4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to
the Office of the State Treasurer. Until such a replacement resolution is received by the Office of the State
Treasurer, the above authorized individuals, local government demand account instructions and statement
mailing address(es) shall remain in full force and effect.
5. The following schedule represents the period in which existing balances are currently expected to remain
invested in the local government investment pool:
30% 30 days or less;
30% more than 30 days, but less than 90 days;
40% 90 days or longer.
100%
Entered at City of Milton, Georgia this ___________ day of ________________________ 20___.
(Signature of Head of Governing Authority)
Joe Lockwood
(Please Print or Type – Head of Governing Authority
Mayor
(Title)
Sworn to and subscribed before me this ________ day of ____________________________ 20____.
(Notary Public)
Please complete and return an original copy to:
Georgia Fund 1 Telephone: (404) 651-8964 or (404) 656-2993
Office of the State Treasurer Toll Free: (800) 222-6748
200 Piedmont Avenue Fax: (404) 656-9048
Suite 1204, West Tower
Atlanta, GA 30334-5527
Georgia Fund 1 (local government investment pool) deposits are not guaranteed or insured by any bank, the Federal Deposit
Insurance Corporation (FDIC), the Federal Reserve Board, the State of Georgia or any other agency.
NOTARY SEAL