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HomeMy WebLinkAboutAgenda Packet - CC - 06/18/2018 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, June 18, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Octavia Sargeant - St. James United Methodist Church, Alpharetta, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-185) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 18, 2018 Page 2 of 4 6) CONSENT AGENDA 1. Approval of the May 21, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-186) (Sudie Gordon, City Clerk) 2. Approval of the June 4, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-187) (Sudie Gordon, City Clerk) 3. Approval of a Construction Services Agreement between the City of Milton and Superior Fence of Georgia, LLC for a Pool Fence. (Agenda Item No. 18-188) (Carter Lucas, Assistant City Manager) 4. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Webb Road Storage Facility LL 1048 2915 Webb Road Combo Plat 1 lot 3.286 .30 Lots / acre (Agenda Item No. 18-189) (Carter Lucas, Assistant City Manager) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Niraj Jinan. (Mayor Joe Lockwood) 2. Discussion of the Consideration of an Ordinance to Revise Noise Restrictions Impacting the Use of Consumer Fireworks, to Repeal Ordinances in Conflict, and Set an Effective Date. (Rich Austin, Police Chief) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Revise Noise Restrictions Impacting the Use of Consumer Fireworks, to Repeal Ordinances in Conflict, and Set an Effective Date. (Agenda Item No. 18-190) (Rich Austin, Police Chief) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 18, 2018 Page 3 of 4 9) PUBLIC HEARING (None) 10) ZONING AGENDA 1. 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) (First Presentation at May 7, 2018 Regular City Council Meeting) (Deferred at May 21, 2018 Regular City Council Meeting) (Carter Lucas, Assistant City Manager) 2. Consideration of U18-07/VC18-06 – 850 and 875 Hickory Flat Road (Zoned AG-1 and C-1) by Curtis Mills – To request a Use Permit for an outdoor music festival for periodic concerts (Sec. 64-1812) on 6.48 acres and a 9 part concurrent variance to the following zoning ordinance requirements: 1) 64-1812(b)(2): To delete the opaque fence and replace with a four- board equestrian fence with a ten foot landscape strip as approved by the City Arborist. 2) 64-1812 (b)(4): To reduce the activity zone setback from 100 feet to 25 feet adjacent to the following property lines; West 421.59 feet and North 201.7 feet. 3) 64-1812 (b) (5): To allow the facility to exceed the maximum sound requirements. 4) 64-1812(b) (6): To eliminate the 3 year renewal period. 5) 64-1142(a)(3)(b): To reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip adjacent to the wes t property line 421.59 feet and North property line 201.71 feet and delete for remaining property lines. 6) 64-1317(f): To delete the required landscape islands for the parking lot. 7) 64-1346(b): To increase the rural section building maximum setback from 20 feet to 430 feet. 8) 64-1323(a): Parking lot to be located in front of a building. 9) 64-1323(c): To allow the parking lot to be in one large area. (Agenda Item No. 18-179) (First Presentation at June 4, 2018 Regular City Council Meeting) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 18, 2018 Page 4 of 4 3. Consideration of RZ18-10 – To Amend Section 64-1 Definitions. (Agenda Item No. 18-180) (First Presentation at June 4, 2018 Regular City Council Meeting) (Discussed at June 11, 2018 City Council Work Session) (Carter Lucas, Assistant City Manager) 4. Consideration of RZ18-11 – To Amend Article XVII Development Regulations, Section 64-2395, Section 64-2397 and Section 64-2398). (Agenda Item No. 18-181) (First Presentation at June 4, 2018 Regular City Council Meeting) (Discussed at June 11, 2018 City Council Work Session) (Carter Lucas, Assistant City Manager) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Resolution Adopting the Providence Park Master Plan. (Agenda Item No. 18-191) (Discussed at May 14, 2018 City Council Work Session) (Jim Cregge, Parks & Recreation Director) 2. Consideration of a Resolution to Provide for a Referendum on a Local Homestead Tax Exemption. (Agenda Item No. 18-192) (Discussed at June 11, 2018 City Council Work Session) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-193) M11 TO-NIll! ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 11, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Superior Fence of Georgia, LLC for a Pool Fence. MEETING DATE: Monday, June 18, 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: VYES () NO CITY ATTORNEY REVIEW REQUIRED: („ J�YES () NO APPROVAL BY CITY ATTORNEY: (.APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Dennis Miller – Facilities Manager Date: Submitted on June 12, 2018 for the June 18, 2018 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Superior Fence of Georgia, LLC for a Pool Fence. _____________________________________________________________________________________ Project Description: Install 5’ high aluminum fencing on pool deck. This fence needed to enclose pool area while providing access to restrooms when pool is not open to the public. Fence to include self-closing gate with positive latching mechanism as required by Fulton County swimming pool ordinance. Staff is recommending approval of this agreement in an amount not to exceed $2260.00. Procurement Summary: Purchasing method used: 3 Verbal Quotes ($1,000-$4,999) Account Number: 100-6110-522220003 Requisition Total: $2260.00 Vendor DBA: Superior Fence of Georgia, LLC Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Superior Fence $2,260.00 Chamblee Fence $2,480.00 Fox Fence $3,279.00 Financial Review: Bernadette Harvill, June 12, 2018 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, May 1, 2018 Attachment(s): Construction Services Agreement HC)MEOF' - 11, - - - -- .. �; ... , M I LTON*t. ISrA9U M I E 13 -M. POOL FENCE -- (MCC)1785 DINSMORE RD, MILTON GA This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2018 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2406 Heritage Walk (hereinafter referred to as the "City"), and SUPERIOR FENCE OF GEORGIA, LLC, a domestic limited liability company, having its principal place of business at 13964 Cumming Hwy, Cumming, GA 30040 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qual:tied by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: Install a five (5) foot in height, pool code, three (3) rail metal fence, black in color, fifty-eight (58) feet in length, location as shown "Exhibit A" at 1785 Dinsmore Road, Milton, Ga 30004. The fence will include one (1) 4 foot wide "magna latch" gate, and all post holes will be core drilled through existing concrete slab and set in concrete. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work de=. -.-bed in the Scope of Work- provided 116EbibtiuiCi"ti.iiCi hereto and incorporated herein by reference, The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term: Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within twenty- five (25) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. The Parties acknowledge that because this Agreement will not impose a payment obligation for work that extends beyond the calendar year of execution, this Agreement does not impose upon the City a multi-year debt obligation such as would place it squarely within the requirements of D.C.G.A. § 36-60-13. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed S 2.260.00 ("Contrast Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a Flat Fee and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no Calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice setting forth in detail the Work performed, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. A single invoice shall be submitted for the Work at the completion of the project. The invoice shall be accompanied by a waiver and release upon final payment procured by the Contractor from all subcontractors in accordance with D.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an induces-nerit for the award of a subconiraut or order. S. Expertise of Contractor: Ci 's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the Ci . Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided tl'Sion 1.0 by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. Robert Scappaticcio shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Indppendent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only, Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of Cit . Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. 1. Rmployment of Unauthorized Aliens Prohibited — E- Vrfl.i• .affidavit, Pursuant to O.C.G.A. I3-10-91. the City shall not enter into a contract for die physical performance of sort ices unless: (H l the Contractor shall provide evidence on City -provided forms. attached hereto as "Exhibits "C"' and "D" (affidavits to be sworn under oath under criminal penalty of false swc;aring pursuant to O.C.G.A. § 16-10-71 ). that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as l -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadline established in O.C.G.A. ti 13-10-91, and that they will continue to use the fi dcraI worn authorization program throughout the contract period, or (? 1 the Contractor provides evidence that it is not required to provide an affidavit because it is an inn ivielual licensed pursuant to 'Title 26 or Title 43 or by the State Bar of Georgia and is in Mood standing. The Contractor licreby verities that it has, prior to executing t#lis AgTreLmem. executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subst-Ttion (21 above. Further. Contractor hereby agrees to comply whit the requirements of the federal Immigration Reform and Control Act (if 1996 ( IRCA 1, P.L. 99-603. O.C.G.A. § 13.10-91 and Georgia Department of Labor RuIC -100-10-1-.02. In the event the Contractor contracts with any subcontractors) in connection with the covered contract. the Contractor agrees to secure from such subc:ontractor(sl attestation of the subcontractor's compliance %vith O.C.G.A. § 13-10-91 and Rulc 300-10-1-.02 by the subconiraclor's execution of the subcontractor affidavit, the form ol' which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractorfsubcontractor agreement, or evidence that the: subcontractor is not required to provide such an affidavit hecause it is licensed and in good standing as noted in subsection t21 above. Ila subcontractor affidavit is obtained. Contractor ag*recns to provide a completed copy to the City within five (5) business days of n,,c0pt. The Contractor and Contractor's subcontractors shall retain all documents anti records oftheir respective verification process for a period of five (5) wears Following completion of the contract, Contractor agrees that the employee-nurnher category designated below is applicable to (lie Contractor, llnformation only required iia contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to U.C.G.A. § 13-10-91. the Contractor will secure from the subcontractors) such subcontractor(s') indication of the above employer -number category that is applicable to the subcontractor. The above requirements shall he in addition to the requiremenCs of State and federal law. and sliall be construed to be in conformity with those laves. J. 'onfidentialit Contractor acknowledges that it may receive confidential information of the City and that it will protect the; confidentiality of any such confidential information and will require any ofits subcontractors, contractors, and, or statf'to likewise protect such confidential inf'arination. K. Licenses Certifications Certifications a Pennits. Contractor coycnanls and declares that it has obtained and will maintain a;l diplomas, certificates, licenses, permits, or the Tike required of the Contractor by any and all national, state, regional, county or local hoards, agencies, commissions, committees or other regulatory bodies in order to perf[onii the Work. The Contractor shall secure and pay for the: building permit and other pernttts and governmental fees. licenses and inspection% necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, gencral partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings. plans, specifications, schedules. work product, and other materials, including those in electronic form, prepared or in the process of being prepared far the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Proiect Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous - A. Coin-plete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. The reference to "conditions on reverse' in Exhibit A does not incorporate any terms by reference into this Agreement and is ineffective. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law,• Business License- Pmper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver: Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. A eement Construction and Interpretation; Invalidity of Provisions-, Severabili1y. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to he construed as if the Parties had drafted it jointly. as opposed to being construed against a Party because it was responsible for drafting one or more provision~ of the Agreement. In the interest of brevity, the Contract Documents may omit modifying wards such as -all" and -any- and articles such as "the" and -an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any articles 1 or section(s) of this Agreement. or any part thereof, later be deemed illegal. iaval id or unenforceable by a court of competent .jurisdiction. the offending portion of the Agreement should be severed. and the remainder of this, .agreement shall remain in ball force and effect to the extent possible as if (hiss Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have exc*cuted the remaining portion of this Agreement without including any such part. parts, or portions that may for any reason Ix hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above writt4n. CITY OF MILTON, GEORGIA By: Joe Lockwood, klayor Attest: By: Its: City Clerk Approved as to firm: CONTRACTOR: SuRerior Fence of Georgi LLC By: rs _. t Its: C Et; MemberfManager (LLC} Attests Witness: yh r 04 f6nle By: L%1-44� Pj,"L�j Its: t`c;'nj D LAilo+u AL4 e( ((Assistant) Corporate Secretary if corporation) City Attorney IC ITY SEAL] 41XHIBIT A" Customer { ] l , Norma# Address Works Cit I Zip 7, ki County. Cew 5ubdiviiken. Crass Street: Emad r 3 7 x 4 PlCketf :�-w{. z,,.•r, .-�t Cedar PT PW* Vrgrn+an Galni: Fr Gathx Degan 4` x 4' Posts 4'x ti" Pasts y n t I I G' x 8" Posts Vappitsn Dana Fr Go9'W Fiat = Ij 2-1C4 Runners Cedar (2) (3) (4) P T- Pine c s � . Shaighl Neg Srarlop Yds Saftap ovier . Face Slopia with grade (less space) Expoeed StMight (more space at 6Dttam1FACE FENCE IN ft REMOVAL & DISPOSAL Between Step (large spaces at bottorny = ry FACE FENCE CUT CHAIN LINK GAUGE- GATE POSTS _ r:tll�_ Top Rud Gate Frames Z i.lhe Posts Barbed Wire Temtrnal POWA Tens -Cm W;re Aluminum L steel H- l hl Style lY Px*et Size Total Prise S 2 Credit Card Price S Color - Past Sae Deli S Deposit S Rings I—j" -� Plat Gaps Balance 5 Balance i FINIALS- { Wnntrc ( )Metal I )Tread { )Quad Flare TERMS: 1.5 Dopaeit - ftiance Due upon COMrt[ t,;+n SUBJECT TO CONDITIONS ON Darienscm and Spisakztiom we &ppre'xwmi* IndQ5 raid! prime will be d[eemuna4 by hrtal nsUdw footage Accepted by Purchaser Dale CuMainer is racpdnsrbie !or iacatng property knee and fence icirohor -- Cutlorner is responsible for arty MOM"N PemVa and Code Ccmplranun No Warranty again bt Cra ckiN. shnnkrrrg and wa rpi rig pt waQ0 Fence material Eatrmalar % - Date Supenoi Fence hL not n4ponvUe for Sprk+kkxs or Child and Annoi Confainmert Accapled by Su WkN Fenca Dake "EXHIBIT S" ,4CORD� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY] 0411712018 THIS CERTIFICATE. IS. ISSUED A5 A MATTER OF INFORMATION ONLY AND CONFERS AIL] RIGHTS UPON THE CERTIFICATE HOLDER: THIS CERTIFICATE DOES NOT. AFFIRMATIVELY OR.NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN SURER[S); AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the. ce rtificate holder is an ADDITIONAL INSURED; the poll ipy([es) must:have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain. policies may require An endorsement. Astatement on this.certiFcate does hot Confer.righits to the certificate holder in Ileu of such end ors ensenttsj: PRODUCER CONTACT Sandra Miller NAME: STARR-MATHEWS AGENCY. R O: Box 9990. PHONE(770)386 ..0466 p)386-3.164. AIC No Ext : RIC, Ho : 1.77 E- AL similler ADDRESS: starrmathews:caim INsURER(5) AFFORDING:COVERAGE .NAIL # Cartersville GA W120 INSURERA:.SDuNiern€rlSCO6fVA 26867 INSURED INSURER D : FFVA Mutual Insurance.Co. 10385 Superior Fence of Georgia, LLC, INSURER C: 1.3964 Currlming Hwy INSURER 10 i INSU RER E ' Cumming GA 30040 INSURERF_ THIS IS TO C£RTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM E0 A13OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT d OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED..OR MAY PERTAIN, THE INSURANCE AFFOr:7EO BY THE PGLICICS DESCRIBED HEREIN 15 SUBJEOTTO ALL THE 1 ERMS; EXCLUSIONS AND CONDITIONS OF. SUCH POLICIES. LIMITS.SHOWN MAY HAVE BEEN REDUCED BY PAI D.CLAIMS, INSRP -LTR TYPE OF INSURANCE INSD WUD POLICY.NUfdBER LIC MMIDD POLICY EXP 00MIDD UMrTS COMMERCIAL GENERAL. LIAO ILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MAGEI ON OCCUR PREMISES Eaa-currancui $ .500,000 MED EXP (Amr ane Berson) .$ 10,[300 PERSONALSADV INJURY $ 11000;000 A Y Y CPS8847596 0310412018. 03104/2019 GENL AGGREGATE:f.MITAPPLIES:PER- GENERALAGGREGATE $ 2,000;000 F__1 RO-. E POL10Y JPEGT LOC: PRODUCTS - COPIOPAGG .$ 2000,000. $ OTHER: AUTOMOBILE LIABILITY . . . . COhASINEO SINGLE L MF17 $ 1,000,000 Ea accident ANYAUTO. BODILY INJURY [Per.personj $ A OWNED SCHEpULEO AUTOSONLY JiUTOS Y Y CAS884.7596. 03/0412018 03104120f9 E3401LVINJURY(Per accident) s HIRED NON-MVNED AUTOS ONLY. AUTOS ONLY PROPERTY DAMAGE Per accident § $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1;000,000 A EXCESS LIAS CLAItis-MARE CXS.8847595 03104/2018 173104120.19 .AGGREGATE $ 1,000,000 OED RETENTIONS 0 $ WORKERS COMPENSATION : X1 g7gTUTE 'ER AND EMPLOYERS' LIABILITY S' I N E E -L. EnCH,�cIOENr $ B ANY PROPRIETORIPARTNERIEXECUTIVE1,000,000 OFFICERMIEMBER EXCLUpEp? Y WA WC$40-0025610-2015A 02f0212016 02/0212019 E.L, DISEASE- EA EMPLOYEE $ 11000,00{] [Mandatory In NH] it yg�„'ijescn 6v under DESCRIPTIONFOPERATIONS.below E.L DISEASE - POLI CY.LIM IT $ 1,1q00,000 DESCRIPTION 0F.DPERAVONS 1 LOCATIONS 1 VEHICLES (ACORD.101, Additional Romarks Schedule, may Ea attached If more space is required) Project: PoolTence, 1785 Dinsmore Rd (MCC) Milton GA.30004, Additional Insured - Owriers, Lessees or Contractors -Automatic Status When Req laired 1n Construction:AgreementWth You -.Form CG D2033 0912. AdditiorlaI Insured - Own ares, Lessees or Contractors - Completed Operations - Automatic S.atus When Rag6ired in Written Construction Contract or Agreement With You - form CGD9636 0912. Silver Series Plus Preferred -General Liab1l€ty:Coverage Enhancement Endorsement- farm:CG00905 0716: Silver Series Plus Business Auto Coverage En hancementEndorsement - form CAW WA 0716. UAINi,r-W-A! IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EMPATION DATE THEREOF, NOTICE WILL BE DEI.3VERED IN City of Milton ACCORDANCE WITH THE POLICYPROVISIONS. 2006 Heritage. Walk. AUTHORIZED REPRESENTATIVE Milton .GA 30004 : s - & d 198&2015 ACORD CORPORATION. All rights reserved. ACORD �s 12616103.} The ACO RD name and logo are registered. marks of AC0RD "EXt= Cr CO NTRACTUR A MAVtT AND. A-imumENT pfldsr O C.G k f 13-10-91(11)(1) STATE OF $vexecntingthisaiiuItzvit,tlte.untlMrs'sguedmntr�stvr�criEesifs.r,�mplia�e�vith.DC:GA, g �3-14-�1, 1mming. afErm2tiyely dist floe InKOVidual, Arm mp ar comdon which is engged ir1•tl o physical pa6mmance of smioas on behalf of the C'sry afhMton, Gcnrgiz. has M91steted with, is audmized to we and uses the federal +atstlt> u3ltoii tion pnogtani zommcmly known as ZVer4., Or VY Sllb NWmt m0mement ice with thr- applicable ptnvisimm and daa&zim established in O.0 e.A.§ 13•10.91. F tits:;:;:.::::::<; w :.:�qnfrwtor will COJZtF11t1e:t4use the- ftdcml work .t;Lit1F6SSP8tIWy,prqf81tL - pctiod; bili ii id xs d..mtwum CmuaCt f it tilt'.' 'sacal al�riance n# em will l]' � a ce'i 's - ' �Ct01".L wh .'.....:.:. t arr int to tht carlitaatar v�th the y 0 at3'icla - Y � r�:= a..; Contwwr t cmby attests tllatits federal work auihatdxWon user identif cation number and date%ofauffiadz Won ars as follows: S _FM Of Georgia LL& 'l mne of Cdntmrtor cC Naic-of Project . I 7crv,s ( OD Printed Name aild'4'itleof AVffi #rived Oar or Ageit SUBSCRIBED AND SWORN BEFORE ME 14'' ie;af'I'iab;i plgycr 01mis THE dII DAY.OF .201.1 • �r s � a i hff7TA�v mrrn � r. _. •• ..�:�i_ � �d.. M.y Comm15ffi.tan Exgrrr�: �: ��'' Rk-4Am 19"'019 L � MILTON')� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 12, 2018 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Approval of Subdivision Plat - CONSENT MEETING DATE: Monday, June 18, 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 (,KNO CITY ATTORNEY REVIEW REQUIRED: () YES (.11N0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: a6 (1f)i Zc"t 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Carter Lucas, Interim Community Development Director Date: Submitted on June 12, 2018 for the June 18, 2018 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. The minor plat described herein consists of two parcels located at 2915 Webb Road to be combined into a 3.286 acre parcel. This site has been rezoned to T4 Open and is intended to be the future site of the Webb Road Storage Facility. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Consent Agenda Plats Staff Memo Page 2 of 4 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Webb Road Storage Facility LL 1048 2915 Webb Road Combo Plat 1 lot 3.286 .30 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 TO: FROM: AGENDA ITEM: MEETING DATE: MILTO�li ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 11, 2018 Steven Krokoff, City Manager 0 Proclamation Recognizing Niraj Jinan. Monday, June 18, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,, 4PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (VIVO CITY ATTORNEY REVIEW REQUIRED: () YES (, -NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ©('1161 LQIE 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Recognizing Niraj Jinan WHEREAS, Niraj Jinan’s mother taught him the value of not wasting food by establishing a house rule that “you only take the food you need and eat it all”; and WHEREAS, Niraj learned that by wasting food, there is the consequence of experiencing hunger; and WHEREAS, his mother served his meal later in the evening along with an article about school children going hungry every day; and WHEREAS, after reading the article, Niraj felt compelled to help these children who are unable to focus on school when they are hungry. WHEREAS, upon doing research, Niraj discovered the program Open Hand, a non-profit that helps serve free, healthy meals to economically and physically challenged people in the Atlanta area; and WHEREAS, Niraj has made it his mission to raise money for Open Hand. Now, therefore, we, the Mayor and City Council of the City of Milton, commend Niraj Jinan for his compassion and commitment to serve those less fortunate and for being an exemplary member of the Milton community. Given under our hand and seal of the City of Milton, Georgia on this 18th day of June, 2018. _________________________________ Joe Lockwood, Mayor V1 Nt I LTO N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 11, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of an Ordinance to Revise Noise Restrictions Impacting the Use of Consumer Fireworks, to Repeal Ordinances in Conflict, and Set an Effective Date. MEETING DATE: Monday, June 18, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (04PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-�'YES () NO CITY ATTORNEY REVIEW REQUIRED: (.4"YES () NO APPROVAL BY CITY ATTORNEY: (-44PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: L)6IIQ 'ib 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: Rich Austin, Chief of Police Date: Submitted on June 11, 2018 for the June 18, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Revise Noise Restrictions Impacting the Use of Consumer Fireworks, to Repeal Ordinances in Conflict, and Set an Effective Date. Department Recommendation: Approve the attached ordinance revision. Executive Summary: This is an update and revision to the Noise Ordinance to reflect changes in state law related to consumer firework use. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: Sam VanVolkenburgh, Jarrard & Davis (June 5, 2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE NOISE RESTRICTIONS IMPACTING THE USE OF CONSUMER FIREWORKS, TO REPEAL ORDINANCES IN CONFLICT, AND SET AN EFFECTIVE DATE The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 9th day of July, 2018 at 6:00 p.m., as follows: WHEREAS, pursuant to Sections 1.12(b)(13) and (30) of the City Charter, the City is authorized to provide for the general health, safety and welfare and the prevention of public disturbances; WHEREAS, pursuant to recent legislation, HB 419, codified at O.C.G.A. § 25-10-2, the City may regulate the use of consumer fireworks as part of any general noise ordinance concerning all manner of sounds or noises; WHEREAS, the City desires to update its noise ordinance to provide for the regulation of consumer fireworks as permitted by law; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. That Chapter 20, Article VII, Section 20-657 of The Code of the City of Milton, Georgia, is hereby amended by placing the existing text in a new paragraph (a) and adding a paragraph (b) containing the following text: “The general prohibition in paragraph (a) includes the use of consumer fireworks that create loud and unreasonable noise, except during the following dates and times: after the time of 10:00 A.M. and up to and including the time of 11:59 P.M. on January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year; and beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. on January 1 of each year.” SECTION 2. That Chapter 20, Article VII, Section 20-664 of The Code of the City of Milton, Georgia, is hereby amended by deleting the existing text and inserting in its place the following text: “Reserved.” SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 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 9th day of July, 2018. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) ARTICLE VII. - NOISE CONTROL[3] Footnotes: --- (3) --- Editor's note— Ord. No. 17-09-327, § 1, adopted Sept. 13, 2017, repealed art. VII in its entirety, and enacted new provisions to read as herein set out. Former art. VII, §§ 20-657—20-660, 20-680, 20-681, 20-701, 20-702, 20-722, 20-723, pertained to similar subject matter, and derived from Ord. No. 06-11-16, § 1(ch. 12, art. 5, §§ 2, 4—6), adopted Nov. 21, 2006; Ord. No. 07-04-23, § 1(ch. 12, art. 5, §§ 2, 4—6), adopted April 19, 2007; and Ord. No. 07-04-27, §§ 1—10, adopted April 19, 2007. Sec. 20-656. - Definitions. (a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam -Webster's Collegiate Dictionary, eleventh edition. (b) Use and interpretation. The following shall apply to the use of all words in this ordinance: (1) W ords used in the present tense shall include the future tense. (2) Words used in the singular shall include the plural and vice versa. (3) The word "shall" is mandatory. (4) The word "may" is permissive. (c) Terms. Acoustic music means music produced by a musical instrument whose sound is not electronically modified. Amplified sound means sound that is increased in the strength. Commercial establishment means a business located on property as defined in Commercial property. Commercial property means property that is zoned and/or developed with nonresidential uses in T -6, T-5, T-4, T-4 Open, T-4 Permissive, C-1, C-2, O-I, MIX, and M-1 zoning districts. It also includes uses permitted with a use permit in other zoning districts listed in section 64 -1121, "allowed use chart" that are in the following categories: Commercial, Agricultural, and Institutional Type Uses. Commercial user means a business that is not an individual property owner or renter that receives compensation for providing products or services. Construction machinery means machines or tools powered by electricity, fuel, or by hand that is used to construct buildings, roads, walls, and other accessory structures. Consumer fireworks means any small fireworks devices containing restric ted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. Garage machinery means machines or tools powered by electricity, fuel, or by hand that is used in maintaining or building various types of automotive items such as engines of all types, car or truck chassis. Lawn maintenance machinery means machines or tools powered by electricity, fuel, or by hand that are used to mow, trim, fertilize, seed, till, or other associated actions to maintain lawns, go lf courses and other types of landscapes. Loud and unreasonable noise means any sound or noise, including, but not limited to, music or speech, which is so loud in volume level and of such duration or character as to disturb the comfort, health, peace, safety, quiet enjoyment or repose of one or more persons of ordinary sensibilities. Mechanical noise means noise produced by lawn maintenance or garage machinery. Mobile amplification means sound produced that is increased in the strength or amount which is typically electronic, but not solely, and moves such as car stereos. Outdoor amplification means sound which is typically electronic but not solely, such as a bull horn and but the source is amplified sound located outside the confines of a building or structure. Residentially used property means property that is zoned and or developed with residential uses in T - 6, T-5, T-4, T-4 Open, T-4 Permissive, MIX, AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, TR, A, A-L, NUP, and CUP. Sound amplification means sound that is artificially increased in strength, irrespective of the means. Sound amplification equipment means equipment that artificially increases the strength or amount of sound, typically electronic but not necessarily so. Waste haulers means companies granted non-exclusive contracts to remove residential and commercial refuse and waste which includes items to be recycled. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-657. - Loud, disturbing noises prohibited generally. (a) It shall be unlawful for any person to create or assist in creating any loud and unreaso nable noise in the city. (b) The general prohibition in paragraph (a) includes the use of consumer fireworks that create loud and unreasonable noise, except during the following dates and times: after the time of 10:00 A.M. and up to and including the time of 11:59 P.M. on January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year; and beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. on January 1 of each year. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-658. - Measurement. For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute. ( Ord. No. 17-09-327 , § 1, 9-13-2017) _____ Sec. 20-659. - Activities permitted that produce sound impacting residential life. (a) The following activities are permitted in any residentially zoned area of the city or w ithin 300 feet of any residentially occupied structure in any zone of the city: ACTIVITIES PERMITTED THAT PRODUCE SOUND IMPACTING RESIDENTIAL LIFE Monday through Friday Saturday Sunday Federal Holidays Operation of construction machinery by commercial users* 7:30 a.m. to 7:30 p.m. 9:00 a.m. to 6:00 p.m. Lawn maintenance and garage machinery by commercial users* 7:30 a.m. to sunset 9:00 a.m. to sunset 9:00 a.m. to sunset Operation of construction machinery or garage machinery by individuals on their residential property which registers more than 65 db(A) at the nearest complainant's property line. 7:30 a.m. to 7:30 p.m. 9:00 a.m. to 6:00 p.m. 9:00 a.m. to 6:00 p.m. 9:00 a.m. to 6:00 p.m. Operation of lawn maintenance machinery by individuals on their residential property. 7:30 a.m. to sunset 9:00 a.m. to sunset 9:00 a.m. to sunset 9:00 a.m. to sunset Operation of waste haulers 7:30 a.m. to 7:30 p.m. 7:30 a.m. to 7:30 p.m. 7:30 a.m. to 7:30 p.m. 7:30 a.m. to 7:30 p.m. *The director shall have the discretion to authorize an administrative variance for golf and equestrian uses to adjust the start and stop times, on a case by case basis, if the dire ctor believes that such variance is in the best interest of the user and affected property owners and as otherwise authorized by section 20 -667. (b) Any mechanical noise other than that regulated in subsection (a) which registers more than 65 db(A) at the nearest complainant's property line is a violation. (c) This section shall not apply to: (1) Emergency operations designed to protect the public health and safety; or (2) Work by city crews or city contractors in a right-of-way or utility easement when the department responsible for the work has determined that it is necessary to undertake the work. (3) Activities conducted on public playgrounds or private school gro unds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events up to 12:00 midnight. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-660. - Amplified sound produced within all zoning districts. (a) It shall be unlawful to operate or allow operation of any sound amplification to create sounds other then as set forth in the following table: Amplified Sound that Impacts Residential Life Sunday— Thursday 8:00 a.m.— 9:00 p.m. Friday— Saturday 8:00 a.m.— 11:00 p.m. Any Other Time Registering up to 50 db(A)* Permitted Permitted Permitted Registering 50 db(A) up to 55 db(A)* Permitted Permitted Not permitted Registering 55 db(A) or greater* Not permitted Not permitted Not permitted Registering up to 50 db(A) for multifamily uses or other residential arrangements where boundary lines cannot be readily determined.** Permitted Permitted Permitted Registering 50 db(A) up to 55 db(A) for multifamily uses or other residential arrangements where boundary lines cannot be readily determined.** Permitted Permitted Not permitted Registering 55 db(A) or greater for multifamily uses or other residential arrangements where boundary lines cannot be readily determined.** Not permitted Not permitted Not permitted In the public right-of-way, including streets or sidewalks, or in city parks without having actual on-site possession of a permit issued by the City of Milton Police Department registering up to 65 db(A) ten feet or more from any electromechanical speaker.*** Permitted Permitted Not permitted In the public right-of-way, including streets or sidewalks, or in city parks without having actual on-site possession of a permit issued by the City Milton Police registering 65 db(A) or greater ten feet or more from any electromechanical speaker.*** Not permitted Not permitted Not permitted The use of mobile amplification registering up to 60 db(A) ten feet or more from the equipment. Permitted Permitted Not permitted The use of mobile amplification registering 60 db(A) or greater ten feet or more from the equipment. Not permitted Not permitted Not permitted * As measured anywhere within the boundary line of the nearest residentially occupied property. ** As measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property. ***Sound amplification equipment may not be operated more than ten feet off the ground. In addition to the person operating or allowing the operation of sound amplification equipment in violation of this subsection, the person to whom the permit was issued must be present at the location and during the times permitted and shall be liable for any and all violations. (b) The limitations on the operation of sound amplification equipment in [section] 20-660(a) shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used in emergency circumstances, or to the operation of sound amplification equipment regulated pursuant to section 20-661.1 or in accordance with a permit issued pursuant to section 20-661. ( Ord. No. 17-09-327 , § 1, 9-13-2017) _____ Sec. 20-661. - Permits for additional amplification for residential or commercial uses. (a) [Permit required.] In order to exceed the sound amplification on private property in section 20 -660, a permit for additional amplification is required. (b) Application. An application for a permit for additional amplification on private property under this section shall be submitted to the City of Milton Police Department at least one business day but no more than thirty calendar days in advance of the planned use. Specify the proposed location of the sound amplification equipment and the date and time that the sound ampli fication will begin and end. Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the same time. The application shall designate and provide contact information for an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. Activities regulated under section 20-660(a) and section 20-661.1 shall not be eligible for an additional amplification permit under this section. (c) Notice of tentative approval. When the application meets all necessary requirements, the City of Milton Police Department shall notify applicant of tentative approval, the applicant for a permit shall be responsible for giving written notice of the name, nature, date, and time period of the event, and the name of and contact information for the permit holder to the occupants of each property within 1,000 feet of the property for which the permit has been granted. The notice shall be hand delivered to each occupant or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the City of Milton Police Department that such notices have actually been so delivered. (d) Limits on hours. Permits for additional amplification at a property, or adjacent properties under common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday. (e) Sound limits. In no event shall a permit be granted which allows the creation of sounds registering more than 70 db(A) anywhere within the boundary line of residentially occupied property. (f) Denial; issuance of exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy of the denied permit application together with a short statement of the reasons he believes he is entitled to a permit to the city manager or his designee. The city manager or his designee shall have the discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon his determination that the applicant has made a substantial showing of legal entitlement. Any such request for exceptional permit shall be submitted within seven calendar days to the City of Milton Police Department. (g) Violation. It shall be unlawful to violate the restrictions or requirements of this section or the terms of a permit issued pursuant to this section. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-661.1. - Outdoor amplification and music at commercial establishments. (a) It shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to operate or allow the operation of sound amplification equipment o ut of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors other than during the times listed below or so as to create sounds registering in excess of: (1) 85 db(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.; (2) 60 db(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day; (3) 85 db(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or (4) 60 db(A) between 11:00 p.m. and 2:00 a.m. the following day. For purposes of this section, hotels, motels, other short-term accommodations shall be considered residentially occupied property. (b) The decibel limits prescribed in this section shall be measured at the property line of the commercial property at which the sound is being generated. (c) An establishment that has been determined to be non-cooperative pursuant to section 20-661.2(e) shall be subject to enhanced civil penalties pursuant to section 20 -663 and, after two violations of this section within one year after having been determined to be non-cooperative, shall not operate or allow the operation of sound amplification equipment out of doors or directed out of doors or allow live acoustic music out of doors or directed out of doors for a period of 18 months af ter the second violation. The 18-month prohibition shall apply to the establishment and the property on which the establishment is located. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-661.2. - Chronic commercial noise. (a) The purpose of this section is to establish a collaborative process through which the city and a business that has been identified as a chronic source of objectionable noise (i.e ., "chronic noise producer") will develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A chronic noise producer is an establishment that, because of the sound generated by or at the business, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places where people may congregate with a reasonable expectation of undisturbed activity. (b) The chief of police (or designee) shall determine a commercial business as a "chronic noise producer" as described in subsection (a) above. In making such a designation, the chief of police shall take into consideration the following factors: (1) The number and frequency of valid noise complaints; (2) The proximity and physical relationship between the business and complaining locations; (3) The severity of sound events, both observed or measured; (4) The times and days of the week of sound events; (5) The business' history of cooperation and efforts to alleviate the problem; and (6) The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and whether the sound producing location is located in what is generally recognized as an entertainment area. Upon designation, the chief of police shall inform the business in writing that it has been designated a chronic noise producer and refer the business to the City of Milton Mayor and City Council along with the information that established the basis for the designation. (c) Upon receiving a chronic noise producer referral, the City of Milton Mayor and City Council shall schedule a mandatory initial meeting based on its next regularly scheduled meeting with the business that it has been designated a chronic noise producer. At the initial meeting, the City of Milton Mayor and City Council and the business shall review the information that formed the basis for the designation and any evidence or information concerning the complained of noise provided by the business. Following the initial meeting, the City of Milton Mayor and City Council shall determine whether a mitigation plan is warranted in order to protect public health, safety and welfare. If the City of Milton Mayor and City Council determines that a mitigation plan is not warranted, it shall notify the business and the City of Milton Police Department of that determination and no further action shall be taken under this section. (d) If the City of Milton Mayor and City Council determines that a mitigation plan is warranted, the City of Milton Mayor and City Council and the business shall together develop and sign a noise mitigation plan. The plan may include, among other things: (1) Restrictions on days of week or hours of noise producing activity; (2) Placement, orientation, and operation of sound producing activity or equipment; (3) Structural changes including but not limited to sound attenuation and baffling; (4) Self-monitoring and reporting requirements; (5) A schedule for implementation; and (6) A schedule for review for possible revision or termination of the plan. (e) In the event that a business designated as a chronic noise producer: (i) fails or refuses to participate in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City of Milton Mayor and City Council may designate the business as non-cooperative and shall notify the business and City of Milton Police Department of that determination. Should a business designated as non- cooperative cure the basis for the designation, the City of Milton Mayor and City Council shall remove the designation and notify the business and City of Milton Police Department of that determination. (f) In the event that a noise enforcement action is taken against a business that has been designated a chronic noise producer, evidence regarding the business' participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review or appeal of the enforcement action. Specifically, the business' participation and compliance shall be a mitigating factor and may, but is not required to be a justification for dismissing the enforcement action. A business that has been designated by the City of Milton Mayor and City Council as non-cooperative shall not be entitled to the benefits of this subsection unless the designation has been removed. (g) Appeals. A business that has been designated a chronic noise producer or non -cooperative may appeal such designation within ten days after receiving notice of such designation. Appeals shall be heard by the city manager or the city manager's designee who shall not be an employee of the City of Milton Police Department or member of the City of Milton Mayor and City Council. The appellant shall have the right to present evidence at said hearing. A ruling on appeal is subject to review in the superior court of Fulton County by proceedings in the nature of certiorari. Any petition for writ of certiorari for review shall be filed with the clerk of superior court within 30 days after notice of the decision has been sent to the appellant. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-662. - Animals. (a) It shall be unlawful for any person to own, keep or have in his possession, or harbor, any animal which howls, yelps, barks or produces other similar noises uninterruptedly or almost uninterruptedly for more than 15 minutes in duration. (b) No person shall act in such a manner as to create noise or sounds that would knowingly cause anim als significant distress. Such noise or sounds shall include, but not be limited to, shooting of firearms; use of any combustible or explosive composition, substance or combination of substances; racing of engines and blasting music. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-663. - Motor vehicles. It shall be unlawful to operate or allow the operation of any motor vehicle in the city: (1) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises. (2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operati ons which create unreasonably loud and disturbing noises. (3) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-664. - Consumer fireworks.Reserved. There shall be no use of consumer fireworks which creates unreasonably loud or disturbing noises use between the hours of 9:01 p.m. and 9:59 a.m. except on January 1, the last Saturday and Sunday of May, July 3 and July 4, the first Monday of September and December 31 until 11:59 p.m. and into January 1 ending at 1:00 a.m. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-665. - Penalty. Any person found guilty of violating any provision of this article shall be punished in a mann er consistent with the general penalty set forth in section 1 -5. A violation of a continuing nature, each day during which it occurs, shall constitute an additional, separate and distinct offense. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-666. - Applicability. In the event there is a conflict between this ordinance [from which this article derives] and any other provision of the Milton Code, the m ore restrictive noise-based performance standard shall control; except, in the event there is a special use permit containing a noise-based performance standard, the standard in that special use permit shall control. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Sec. 20-667. - Variances. (a) Variances to any numerical requirements of this article may be granted by the director of community development to any person, upon application, if findings are made by the director that the immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of the non-availability of feasible technology or control methods. (b) Any such variance or renewal thereof shall be granted by the director of community development only for the minimum time period found to be necessary under the facts and circumstances. The director of community development shall provide in writing the reason for the variance, the starting and ending time of the variance or other pertinent information as to enforce the approved variance. ( Ord. No. 17-09-327 , § 1, 9-13-2017) Secs. 20-668-20-742. - Reserved TO: FROM: M11I 1'r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: June 13, 2018 Steven Krokoff, City Manage(Z-) 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, June 18, 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 (ANO CITY ATTORNEY REVIEW REQUIRED: () YES (>KNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C�( /It ILe)8 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoecityofmiltonga.us I www.cityofmiltonga.us Prepared by the Community Development Department for the City of Milton Mayor and City Council on June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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. MAYOR AND CITY COUNCIL RECOMMENDATION – MAY 21, 2018 U18-06 – DEFERRAL TO JUNE 21, 2018 AS REQUESTED BY THE APPLICANT. – 5-0 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 Page 2 of 18 U18-06 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council on June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 Walk. 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 sidewal ks 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 (Gl enview 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 Page 14 of 18 U18-06 Prepared by the Community Development Department for the City of Milton Mayor and City Council on June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 2018 (First Presentation on May 7, 2018, Deferred at the May 21, 2018 meeting) 6/14/2018 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 June 18, 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 18th day of June, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL 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. 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. M I 1_�To _N It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2018 FROM: Steven Krokoff, City Manager 6� AGENDA ITEM: Consideration of U18-07/VC18-06 - 850 and 875 Hickory Flat Road (Zoned AG -1 and C-1) by Curtis Mills -To request a Use Permit for an outdoor music festival for periodic concerts (Sec. 64-1812) on 6.48 acres and a 9 part concurrent variance to the following zoning ordinance requirements: 1) 64-1812(b)(2): To delete the opaque fence and replace with a four- board equestrian fence with a ten foot landscape strip as approved by the City Arborist. 2) 64-1812 (b) (4): To reduce the activity zone setback from 100 feet to 25 feet adjacent to the following property lines; West 421.59 feet and North 201.7 feet. 3) 64-1812 (b) (5): To allow the facility to exceed the maximum sound requirements. 4) 64-1812(b) (6): To eliminate the 3 year renewal period. 5) 64-1142(a) (3) (b): To reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip adjacent to the west property line 421.59 feet and North property line 201.71 feet and delete for remaining property lines. 6) 64-1317(f): To delete the required landscape islands for the parking lot. 7) 64-1346(b): To increase the rural section building maximum setback from 20 feet to 430 feet. 8) 64-1323(a): Parking lot to be located in front of a building. 9) 64-1323(c): To allow the parking lot to be in one large area. MEETING DATE: Monday, June 18, 2018 Regular City Council Meeting 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: Cbl I V 1 &It () NOT APPROVED () NOT APPROVED Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 1 PETITION NUMBERS U18-07/VC18-06 ADDRESS 850 and 875 Hickory Flat Road DISTRICT, LAND LOT 2/2 342 and 379 OVERLAY DISTRICT Birmingham Crossroads Overlay District EXISTING ZONING AG-1 (Agricultural) and C-1 (Community Business) PROPOSED USE PERMIT Festivals or events; indoor/outdoor ACRES 6.486 EXISTING USE Buice Store and associated parking PROPOSED USE Matilda’s music venue OWNER/APPLICANT Curtis Mills ADDRESS 16355 Birmingham Hwy Milton, GA 30004 To request a Use Permit for an outdoor music festival for periodic concerts (Sec. 64- 1812) on 6.486 acres and a 9 part concurrent variance to the following zoning ordinance requirements: 1) 64-1812(b)(2): To delete the opaque fence and replace with a four-board equestrian fence with a ten foot landscape strip as approved by the City Arborist. 2) 64-1812 (b)(4): To reduce the activity zone setback from 100 feet to 25 feet adjacent to the following property lines; West 421.59 feet and North 201.71 feet. 3) 64-1812 (b) (5): To allow the facility to exceed the maximum sound requirements. 4) 64-1812(b) (6): To eliminate the 3 year renewal period. 5) 64-1142(a)(3)(b): To reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip adjacent to the west property line 421.59 feet and North property line 201.71 feet and delete for remaining property lines. 6) 64-1317(f): To delete the required landscape islands for the parking lot. 7) 64-1346(b): To increase the rural section building maximum setback from 20 feet to 430 feet. 8) 64-1323(a): Parking lot to be located in front of a building. 9) 64-1323(c): To allow the parking lot to be in one large area. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 2 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION –MAY 23, 2018 U18-07 – APPROVAL CONDITIONAL VC18-06– Parts 1, 2, 3, 5, 6, 7, 8 and 9 – APPROVAL CONDITIONAL VC18-06, Part 4 - DENIAL Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 3 PLANNING COMMISSION RECOMMENDATION –MAY 23, 2018 U18-07 – APPROVAL CONDITIONAL – Voted 4-1 VC18-06– Parts 1 THROUGH 9 – APPROVAL CONDITIONAL – Voted 4-1 The Planning Commission recommended the following conditions/and or changes to the proposed conditions: 3) To the owner’s agreement to the following use requirements: a) Months, Days and hours of operation shall be the following: i. Friday and/ or Saturday within each week not to exceed 6 performances in a single month. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. April 1st through October 31st. b) There shall be no more than 200 300 attendees at any given time for each concert/performance. 4) To the owner’s agreement to the following site development considerations: b) Provide a minimum 5 foot high 54 inch high , four-board equestrian fence to be consistent with the adjoining property line fence with a ten foot landscape strip as approved by the City Arborist adjacent to the following property lines; West 421.59 feet and North 201.7 where they abut AG-1 (Agricultural) used for residential use. (VC18-06, Part 1) e) Provide a 60 foot setback and a 10 foot landscape strip adjacent to the west property line 421.59 feet and north property line 201.71 feet. except where the building encroaches Allow a maximum 10 foot encroachment into the 60 foot setback for the re-located building adjacent to the west property line. (VC18-06, Part 5) k) Submit a lighting plan to be in compliance with the Night Sky Ordinance prior to the first concert. l) The subject site shall only be served by on-site septic. m) The event facility shall not be limited to a three-year period from the date of approval for the use permit. (VC18-06, Part 4) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 4 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: c) Dedicate at no cost to the City of Milton a 20’ by 20’ right of way miter at the corner of SR 372/Birmingham Highway and Hickory Flat Road prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Staff has included the following Conditions recommended by the Planning Commission in the Recommended Conditions at the end of the Staff report; 3.a), 3.a)iii., 4.b), 4.e), 4.k), and 4.l) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 5 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 6 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 7 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 8 SITE PLAN SUBMITTED – MARCH 29, 2018 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 9 West property line (adjacent to single family residence zoned AG-1) West property line (looking further north) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 10 North property line adjacent to single family residence zoned AG-1 Looking East toward Buice Store and intersection Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 11 Looking North on the property Power Easement looking toward the northwest Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 12 Stand of forest on northern portion of site. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 13 SUBJECT SITE The subject site is zoned AG-1 (Agricultural) and C-1 (Community Business) and developed with the Buice Store and associated parking. There is also a large amount of open field and mature forests as well as a 100 foot wide power easement across the 6.486 acre site. REQUEST AND BACKGROUND Mr. Curtis Mills, the applicant and owner of the subject site is requesting a Use Permit to create a music venue under Section 64-1812 (Festivals or events; indoor/outdoor) which requires it to go before the Planning Commission and City Council for review and recommendation. The below description is based on the applicant’s letter of intent received March 29, 2018. The property is currently zoned AG-1 (Agricultural) and C-1 (Community Business) unconditional where the Buice Store is located. The applicant proposes to have Matilda’s Under the Pines relocated from its Alpharetta location on Hwy 9 to the subject site because the Alpharetta property will be redeveloped and the operator, Mary Jane Potter, wants to relocate it to Mr. Mills’ property. The current location has been operating for over 15 years and events are attended by average size groups of approximately 150 people to a peak number of 200 people. The musical acts are typically Nashville based with a wide variety of musical styles appealing to a variety of musical tastes. The music is typically acoustic with amplification. Music events are “open air” so are typically conducted in warmer months, from April through November on either Friday or Saturday nights. Event frequency is between two times per month or once a week, depending on booking availability and attendee interest. Doors typically open at 7:00 p.m. with socializing until shows start at around 8:30 p.m. Music typically completes by 10:30 p.m. or 11:00 p.m. at the latest. The intent is to replicate the above described scheduling. The audience usually brings boxed hors d’oeuvres and dinner. Seating is either brought by attendees with some tables and chairs provided by the facility. These events are “family friendly” and an open area beyond the seating is used by children of attendees for nearby safe play. The applicant intends to replicate the seating approach and children’s play area. There are currently no restroom facilities on the site. The intention would be to add small restroom facilities which have been included in the overall square footage of the submitted application but in the interim, portable bathrooms will be provided on the site in the appropriate area to serve the public. In addition, attendees could utilize the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 14 bathroom facilities in the Buice Store that is currently being planned for a full service restaurant. The actual music stage is the covered porch of a small old farm house that is referred to as “The Hen House”. The applicant intends to move this structure intact, for the exact same use. The existing house measures a total of 493 square feet of interior and the exterior side porch that is the actual stage, measuring 213 square feet. The applicant intends to add 200 square feet for a future bathroom addition for a total of approximately 693 square feet of interior space. Please note that the submitted site plan indicates 673 square feet which should be 693 square feet. The interior is used for musician preparation, instruments, etc. There is no plumbing at present and intent is to add a bathroom facility for the musicians and public in the future which is included in the 693 square feet. The existing facility on Hwy 9 has approximately 12 parking spaces, with mos t parking provided by adjoining parking lots that are unused during the concerts. The attendees are accustomed to walking to get to the venue, and this is considered part of the appeal. A growing number of attendees use ride services so parking needs are reduced. Parking is proposed on-site for the use. Picture of Relocated Building from Hwy 9 in Alpharetta (AKA Hen House) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 15 Looking toward the seating area at the current location. SITE PLAN ANALYSIS Based on the applicant’s revised site plan and revised letter of intent submitted to the Community Development Department on March 29, 2018, Staff offers the following considerations: Festivals or events; indoor/outdoor (Section 64-1812) Required Standards Meets the Standard (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. Yes (b) Standards. (1) Permitted curb cut access shall not be from local streets. Yes (2) Eight-foot-high 100-percent opaque fencing shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. No (3) Hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. Yes Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 16 (4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG-1 districts used for single-family dwellings. No (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. No (6) The festival or event shall be limited to a three-year period from the date of the city council's approval not to exceed a total of 180 consecutive days in a calendar year. No Part 1 - 64-1812(b)(2): To delete the opaque fence and replace with a four- board equestrian fence with a ten foot landscape strip as approved by the City Arborist. The required eight foot opaque fence would be inappropriate for the rural landscape that is indicative of Milton (refer to first two photos of the west property line) and instead replace it with the appropriate four board equestrian fence adjacent to residential districts or AG-1 (Agricultural) used for single family residential. The only property owner that would be impacted to the west already has an equestrian fence installed which is in keeping with the rural look within the City. An opaque, eight foot high is not an allowed type of fence where it can be seen from the right-of-way. In addition, the applicant has stated that a 10-foot landscape strip would be planted along the fence line to be approved by the City Arborist. The intent is to provide landscaping that is native and natural looking to the area and to integrate the four existing specimen trees along the western property line. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance Based on the intent of the area to be rural in character by utilizing an equestrian style fence and landscaping instead of an 8 foot opaque fence, the request does not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The amount of eight foot high opaque fencing for approximately 620 linear feet will negatively impact the bucolic, rural atmosphere that currently exists on the property. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 17 The actual activity for the music venue is located approximately 430 feet from Hickory Flat Road and the proposed equestrian fence and landscaping so as not to cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The proposed fencing and landscaping provides for the public safety, health and welfare, and that substantial justice is done. Therefore, Staff recommends Approval Conditional of Part 1 of VC18-07. Part 2 - 64-1812 (b)(4): To reduce the activity zone setback from 100 feet to 25 feet adjacent to the following property lines; West 421.59 feet and North 201.7 feet. The primary activity with the stage and seating area is in the rear approximately 430 feet from the front of the property. The relocated stage is proposed to be 50 feet from the property line to the west near the corner of the property. Although the applicant has requested a reduction from 100 feet to 25 feet, Staff recommends that if this concurrent variance is approved, that the setback for activities be 60 feet. In addition, to allow the encroachment of 10 feet into the 60 foot setback for the relocated building adjacent to the west property line. This would provide additional protection to the adjacent residence to the west by requiring activities to be 60 feet from the property line. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. If the setback is reduced to 60 feet by providing appropriate separation between the use and the adjacent residence this request would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The required 100 feet activity setback would limit the usable area for the proposed music venue. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 18 The actual activity for the music venue is located approximately 430 feet from Hickory Flat Road with pedestrian traffic being the primary activity running parallel to the west property line. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The location of the primary activity is located 50 feet from the adjacent residence as well as the pedestrian traffic and therefore the public safety, health and welfare are secured. Therefore, Staff recommends Approval Conditional of Part 2 of VC18-07 with a reduction from 100 feet to 60 feet and the relocated building to encroach 10 feet into the setback. Part 3 - 64-1812 (b) (5): To allow the facility to exceed the maximum sound requirements. The applicant measured the sound of a recorded acoustical band on the subject site. The continuous sound and the peak sound was measured at 75 dBa directly behind the stage at the property line and 62 dBa further south along the property line near the residence. In addition, measurement points were at 60 dBa with ambient/road noise with no music. The use permit standard requires a continuous sound of 60 dBa and peak sound of 75 dBa. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. The maximum continuous and peak sound was measured at 75 dBa behind the relocated building at the property line. The City’s noise ordinance which was adopted in September, 2017 which permits acoustical/outside noise from a commercial area to be a maximum of 85 dBa on Fridays or Saturdays between the hours of 9 a.m. and 11 p.m. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Since the ordinance sound levels were not defined for musical performances, limiting them to the defined levels would reduce the performance quality. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 19 The measured sound levels are just above the allowed maximum sound levels. In addition, the City’s noise ordinance allows this type of use to be up to 85 dBa up to 11:00 p.m. on Fridays and Saturdays. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Based on the readings of the sound for a band on the site and the maximum permitted sound levels within the City’s noise ordinance, public safety, health and welfare are secured. Therefore, Staff recommends APPPROVAL CONDITIONAL of VC18-06 – Part 3 with the following condition: The maximum noise permitted measured at the following property lines where a residential use is located; West 421.59 feet and North 201.7 feet shall not exceed 85 dBa peak or continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. Part 4 - 64-1812(b) (6): To eliminate the 3 year renewal period. The applicant is requesting to seek relief from this requirement to renew the Use Permit in 3 years. The purpose of this requirement is to ensure that the proposed facility would not be allowed to continue past three years if it proves to have a negative impact on adjacent and nearby properties and citizens. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff’s opinion that if this request is granted it would offend the spirit or intent of this zoning ordinance because it would not allow the Mayor and City Council to consider the impact to adjacent and nearby residents after three years. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The applicant has not presented any extraordinary and exceptional situations or conditions that would prevent adherence to this requirement. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 20 If this request is granted it may cause a substantial detriment to the public good and surrounding properties if the proposed use is not allowed to be re-evaluated in three years to determine if has a negative impact on the City. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare may not be secured and substantial justice may not be done if the opportunity to re-evaluate the use is not provided. Therefore, based on the above considerations, Staff recommends Denial of Part 4 of VC18-07. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1142 except for the following requested concurrent variance. Part 5 - 64-1142(a)(3)(b): To reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip adjacent to the west property line 421.59 feet and North property line 201.71 feet and delete for remaining property lines. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. The adjacent residential use on the west property line is near Hickory Flat Road, while the stage or “hen house” is approximately 430 feet to the north of Hickory Flat Road. In addition, parking is away from the west property line and foot traffic to the stage would be guided down the center and eastern porti on of the property which is over 100 feet from the west property line. In addition, the applicant has spoken to the adjacent residential property owner and has agreed to a condition that includes a 60 foot setback which is consistent with the proposed 60 foot activity setback from the west property line. Therefore, it is Staff’s opinion that relief, if granted, would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 21 The required 75 foot undisturbed buffer and 10 foot improvement setback would create unreasonable constraints on the property given the shape of the lot and possibly render it unusable for the proposed use. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The proposed equestrian fence, 10 foot landscape strip and 60 foot activity setback would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. It is Staff’s opinion that the public safety, health and welfare are secured, and that substantial justice is done if the concurrent variance is approved with conditions. Therefore, Staff Recommends APPROVAL CONDITIONAL of VC18-06, Part 5 with the following conditions: 1) Provide a 60 foot setback and a 10 foot landscape strip adjacent to the west property line 421.59 feet and north property line 201.71 feet except where the building encroaches adjacent to the west property line. 2) Delete the 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the remaining property lines adjacent to AG-1 zoned property. Birmingham Crossroads Overlay District Part 6 - 64-1317(f): To delete the required landscape islands for the parking lot. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. The City Arborist will allow the landscape strip along Hickory Fl at Road to provide needed parking lot trees in addition to additional trees planted along the northern portion of the gravel parking lot. This will provide the intended shade for parking similar to landscape islands and is in keeping with the spirit or intent of the zoning ordinance requirement for landscape islands in a parking lot. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 22 A portion of the existing parking lot has been in existence for many years and the insertion of landscape islands would not be consistent with the past history of the property. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. By planting trees on the south and north borders of the parking lot, it would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not negatively impacted and substantial justice is done if the request is approved. Therefore, Staff recommends APPROVAL of VC18-06, Part 6 to delete the above requirement. Part 7 - 64-1346(b): To increase the rural section building maximum setback from 20 feet to 430 feet. The applicant’s request to allow a music venue with the stage or “hen house” located 430 feet from the front property line is necessary based on the necessity to have the music away from the road and directed away from adjacent and nearby residences. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. This requirement was designed to encourage a walkable, village feel with newly constructed buildings close to the road. This type of facility requires it to be further from the road to ameliorate the noise and activity associated with the use and therefore does not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. If the music was performed close to the street and road, parking would be more difficult, crowds more visible, and sound levels louder than 430 feet back which is being requested. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 23 (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Compliance with this requirement would cause detriment to the public good and surround properties and the requested variance makes the use a better neighbor. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not impacted and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-06, Part 7. Part 8 - 64-1323(a): Parking lot to be located in front of a building. The existing gravel parking lot is located in front of the re-located building which is 430 feet north of the street. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. This requirement was designed to encourage a village feel with directly visible and accessible retail and commercial structures, without parking creating clutter and breaking the streetscape. In this case and for this use, the facility is intentionally pushed as far off the road as possible to minimize impact from event sight and sound, so the parking would be separated by hundreds of feet. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. There is no practical way to move parking to behind the facility without disrupting the actual events while in progress. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The parking lot has been in existence for a long time and has not currently or in the future cause a substantial detriment to the public good and surrounding properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 24 (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not negatively impacted and substantial justice is done with the location of the parking lot in front of the building. Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-06, Part 8. Part 9 - 64-1323(c): To allow the parking lot to be in one large area. The existing gravel parking lot is located in front of the re-located building which is 430 feet north of the street. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. This requirement for dividing parking lots in small areas was designed to encourage a village feel. On this site, the designated parking area has been in association with Buice’s Store and more recently Wilbur and Rudy’s as a single area in the past. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. It is Staff’s opinion that extra parking separation would add no aesthetic value over the existing and longtime gravel parking use and is not necessary. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The parking lot has been in existence for a long time and has not currently or in the future caused a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not negatively impacted and substantial justice is done with one large parking lot. Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-06, Part 9. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 25 City Arborist It appears that no specimen trees will be impacted as a result of the proposed site layout. If site plan revisions are proposed in the future, staff will reevaluate disturbance to existing trees. Staff notes that the proposed on-site septic system is for the future renovation of the Buice Store for a restaurant. Fire Marshal This type of building for the concert venue would be classified as an aesthetically-pleasing storage building. Sprinklers will not be required, but will require an emergency/exit light and a fire extinguisher. Transportation Birmingham Crossroads Overlay requires alternative paths or sidewalks along existing and internal roads. Connect existing sidewalk on SR 372/Birmingham Highway to site with pedestrian path or sidewalk.  Pedestrian paths may be installed instead of sidewalks as approved by the director of community development department.  Sidewalk widths shall be a specified in section 64-1316. Pedestrian paths shall be a minimum of five feet wide and shall be made out of a hard surface material such as concrete, brick or pavers. Paths may be gravel or gravel dust if approved by the community development director.  Sidewalks for all new projects should connect with existing walks, where applicable.  Paths from the sidewalk to the buildings, between buildings, and to parking lots should be established with minimal interruption by vehicular circulation, parking lots, and service areas.  Pedestrian paths shall be designed to minimize automobile and pedestrian interaction.  To the extent feasible, paths shall be designed to connect to existing or future paths and to developments adjacent to the crossroads. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there is a stream and the wetlands are located adjacent to the stream in the rear of the property within the 25 foot stream buffers. Further, there are no floodplain, steep slopes, archeological/historical sites (The Buice Store is not on the City of Milton or National Register of Historical Places), endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 26 Public Involvement Community Zoning Information Meeting On April 24, 2018 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 15 members of the community in attendance at the meeting. The following issues were brought up at the meeting:  Concerned that there would not be adequate parking on the site or if off site, the safety of pedestrians crossing Hickory Flat Road if they park across the street.  Concerned regarding the noise produced by the concerts and impact on adjoining property owners. City of Milton Design Review Board Meeting Courtesy Review – May 1, 2018 The following comments were made at the meeting:  Adhere to the letter of the law in regard to the requested concurrent variances. Public Participation Plan and Report The applicant submitted the Public Participation Report on May 16, 2018. The public participation meeting was held on May 7, 2018 at 6:00 p.m. at 875 Hickory Flat Road (Buice Store). There were two community persons in attendance and the applicant and operator of the proposed venue. Discussed the site plan and no specific concerns were expressed. 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 within the Agricultural, Equestrian, Estate Residential (AEE) and Mixed Use/Living Working (MLW) land use categories on the City of Milton 2035 Comprehensive Plan Map contained in the City Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 27 of Milton Comprehensive Plan Update 2016. The proposed use permit for a festival/event, indoor or outdoor is permitted in the AG-1 (Agricultural) and C-1 (Community Business) districts which are acceptable zoning districts for the AEE and MU/LW land use categories. In addition, the following Plan Objectives are consistent with the proposed use: o We will encourage the preservation of natural resource areas and preserve contiguous green open spaces development of land in appropriatly designated areas as development occurs. o We will seek opportunities to provide pleasant, accessible, public gathering places and parks throughout the community. o We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The adjacent use to the west, is a single family residential use zoned AG-1 (Agricultural) as well as further to the west are single family residences zoned AG-1 (Agricultural). Further to the northwest, north and north east is the City of Milton Birmingham Park. Directly to the east is the Shell gas station and convenience and package stores which is zoned C-1 (Community Business) with no conditions. To the south is MIX (Mixed Use) zoning developed with small offices, retail, and a bank pursuant to RZ2004-116. Further to the south is the Birmingham United Methodist Church zoned AG-1 (Agricultural). Based on these surrounding uses and zoning, it is Staff’s opinion that the proposed music venue is compatible with surrounding land uses if approved with the Recommended Conditions. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variances are approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be limited based on the frequency and time of the performances limited to Friday or Saturday evenings during the month. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 28 4. The location and number of off-street parking spaces; The proposed parking is located on the southern portion of the property within the existing gravel area. The applicant has 44 parking spaces shown. This type of festival use requires 2 per 1,000 square feet of ground area identified for festivals and music festivals related seating. The site plan indicates a total of 12,000 square feet for related seating. Therefore, a minimum of 24 parking spaces is required. Although, the site plan exceeds the minimum required, the applicant should consider providing additional parking to the north of the existing gravel parking as grass parking outside of the Staff’s recommended 60 foot activity setback from the west property line. 5. The amount and location of open space: The proposed site provides adequate open space based on the fact that there will only be a small building used for the bands to play and the gravel parking lot. The remainder of the site will be undisturbed or open except where the proposed septic system utilized by a future restaurant within the existing Buice Store is located. 6. Protective screening: It is Staff’s opinion, if the proposed use is approved with the recommended conditions for a 10 foot landscape strip, equestrian style fence, and the 60 foot activity setback adjacent to the single family residence to the west, these items will provide adequate screening for the residential use. Further screening is not needed based on the adjacent use to the northwest, north, northeast being Birmingham Park and to the east which is the gas station zoned C-1 (Community Business). 7. Hours and manner of operation: The applicant’s letter of intent states that concerts will be held between April and November, either on a Friday or Saturday night depending on booking availability and attendee interest. Staff has included a condition to limit the operation between April 1st and October 31st. The “doors” will be open at 7:00 pm. with socializing until the shows start at around 8:30 and typically end by 10:30 or 11:00 at the latest. It is Staff’s opinion that the above mentioned hours of operation are reasonable for the proposed uses. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 29 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site but at the Planning Commission stated that there would be “string lights” along the path to the concert area. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. There are two curb cuts on the property. When previous uses were in operation, only entering vehicles came into the eastern curb cut and exiting vehicles would exit the western curb cut to alleviate any cross traffic with the intersection at Birmingham Hwy and Hickory Flat. It is Staff’s opinion that this same traffic pattern should be kept if this Use Permit is approved. CONCLUSION If approved with the Recommended Conditions, the proposed music venue is consistent with the City of Milton Comprehensive Plan Update 2016 and Objectives. In addition, it is Staff’s opinion that the proposed music venue would contribute to the vitality of the Birmingham Crossroads which in turn may contribute additional patronage to the area, especially on weekend evenings. Therefore, Staff recommends that U18-07 be APPROVED CONDITIONAL and further VC18-06, Parts 1, 2, 3, 5, 6, 7, 8 and 9 be APPROVED AND VC18-06, Part 4 be DENIED. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 30 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for Festivals or events, outdoor/indoor (Sec. 64-1812) 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) Festivals or events, outdoor/indoor on 6.486 acres within the AG-1 (Agricultural) and C-1 (Community Business). (U18-07) b) A maximum 693 square feet for performance stage and associated uses. c) All uses and densities permitted within the C-1 (Community Business) zoning district (Article VI, Division 18 of the Zoning Ordinance) as delineated on the City of Milton Zoning Map. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the 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. 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 the following use requirements: a) Months, Days and hours of operation shall be limited to the following: i. Friday or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. April 1st through October 31st. b) There shall be no more than 200 attendees at any given time for each concert/performance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 31 4) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible facilities until such time as permanent bathroom facilities can be provided. Said temporary facilities shall be placed outside of any required setbacks and located in an inconspicuous area of the property. b) Provide a 54 inch high, four-board equestrian fence to be consistent with the adjoining property line fence with a ten foot landscape strip as approved by the City Arborist adjacent to the following property lines; West 421.59 feet and North 201.71 feet where they abut AG-1 (Agricultural) used for residential use. (VC18-06, Part 1) c) Provide 60 foot activity zone setback adjacent to the following property lines with the relocated structure allowed to encroach into the setback; West 421.59 feet and North 201.71 feet where they abut AG-1 (Agricultural) used for residential use. (VC18-06, Part 2) d) The maximum noise permitted measured at the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 85 dBa peak or continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) e) Provide a 60 foot setback and a 10 foot landscape strip adjacent to the west property line 421.59 feet and north property line 201.71 feet. Allow a maximum 10 foot encroachment into the 60 foot setback for the re-located building adjacent to the west property line. (VC18-06, Part 5) f) Delete the 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the remaining property lines adjacent to AG-1 zoned property (Birmingham Park). (VC18-06, Part 5) g) To replace the required landscape islands for the parking lot with plantings as approved by the City Arborist adjacent to Hickory Flat Road and the north side of the parking area. (VC18-06, Part 6) h) To provide a 430 foot rural section building maximum setback for the relocated structure. (VC18-06, Part 7) i) To provide parking in front of the relocated building. (VC18-06, Part 8) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Presentation on June 4, 2018). 6/14/2018 U18-07/VC18-06 Page 32 j) To allow the parking lot to be in one large area. (VC18-06, Part 9) k) Submit a lighting plan to be in compliance with the Night Sky Ordinance prior to the first concert. l) The subject site shall only be served by on-site septic. m) All concurrent variances granted as part of this Use Permit for festival/events; indoor/outdoor (Sec. 64-1812) shall run concurrent to the approved use and shall only be valid for so long as the property is so used. The concurrent variances shall expire if the approved use ceases to operate on the property for a period of six consecutive months. 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, 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 and Chapter 64 Zoning of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of SR 372 Birmingham Highway or Hickory Flat Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. c) Reserve to the City of Milton a 20’ by 20’ right of way miter at the corner of SR 372/Birmingham Highway and Hickory Flat Road prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). ORDINANCE NO._______ PETITION NO. U18-07/ VC18-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR FESTIVALS OR EVENTS; INDOOR/OUTDOOR (SEC. 64-1812) ON 6.486 ACRES LOCATED AT 850 AND 875 HICKORY FLAT ROAD AND A 9 PART CONCURRENT VARIANCE BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 18, 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 850 and 875 Hickory Flat Road consisting of a total of approximately 6.486 acres, as described in the legal description attached hereto, be approved for a Use Permit subject to the Conditions of Approval, and concurrent variances; and SECTION 2. That the Festivals or events; indoor/outdoor Use Permit approved hereby are subject to the provisions of Sec. 64-1812, 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 as attached; 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 variances 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. ORDAINED this 18th day of June, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for Festivals or events, outdoor/indoor (Sec. 64-1812) 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) Festivals or events, outdoor/indoor on 6.486 acres within the AG-1 (Agricultural) and C-1 (Community Business). (U18-07) b) A maximum 693 square feet for performance stage and associated uses. c) All uses and densities permitted within the C-1 (Community Business) zoning district (Article VI, Division 18 of the Zoning Ordinance) as delineated on the City of Milton Zoning Map. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the 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. 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 the following use requirements: a) Months, Days and hours of operation shall be limited to the following: i. Friday or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. April 1st through October 31st. b) There shall be no more than 200 attendees at any given time for each concert/performance. 4) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible facilities until such time as permanent bathroom facilities can be provided. Said temporary facilities shall be placed outside of any required setbacks and located in an inconspicuous area of the property. b) Provide a 54 inch high, four-board equestrian fence to be consistent with the adjoining property line fence with a ten foot landscape strip as approved by the City Arborist adjacent to the following property lines; West 421.59 feet and North 201.71 feet where they abut AG-1 (Agricultural) used for residential use. (VC18-06, Part 1) c) Provide 60 foot activity zone setback adjacent to the following property lines with the relocated structure allowed to encroach into the setback; West 421.59 feet and North 201.71 feet where they abut AG-1 (Agricultural) used for residential use. (VC18-06, Part 2) d) The maximum noise permitted measured at the following property lines where a residential use is located ; West 421.59 feet and North 201.71 feet shall not exceed 85 dBa peak or continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) e) Provide a 60 foot setback and a 10 foot landscape strip adjacent to the west property line 421.59 feet and north property line 201.71 feet. Allow a maximum 10 foot encroachment into the 60 foot setback for the re-located building adjacent to the west property line. (VC18-06, Part 5) f) Delete the 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the remaining property lines adjacent to AG-1 zoned property (Birmingham Park). (VC18-06, Part 5) g) To replace the required landscape islands for the parking lot with plantings as approved by the City Arborist adjacent to Hickory Flat Road and the north side of the parking area. (VC18-06, Part 6) h) To provide a 430 foot rural section building maximum setback for the relocated structure. (VC18-06, Part 7) i) To provide parking in front of the relocated building. (VC18-06, Part 8) j) To allow the parking lot to be in one large area. (VC18-06, Part 9) k) Submit a lighting plan to be in compliance with the Night Sky Ordinance prior to the first concert. l) The subject site shall only be served by on-site septic. m) All concurrent variances granted as part of this Use Permit for festival/events; indoor/outdoor (Sec. 64-1812) shall run concurrent to the approved use and shall only be valid for so long as the property is so used. The concurrent variances shall expire if the approved use ceases to operate on the property for a period of six consecutive months. 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, 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 and Chapter 64 Zoning of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of SR 372 Birmingham Highway or Hickory Flat Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. c) Reserve to the City of Milton a 20’ by 20’ right of way miter at the corner of SR 372/Birmingham Highway and Hickory Flat Road prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). SITE PLAN RECEIVED ON MARCH 29, 2018 M ILTO NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of RZ18-10 - To Amend Section 64-1 Definitions. MEETING DATE: Monday, June 18, 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: QIYES () NO CITY ATTORNEY REVIEW REQUIRED: (I"YES () NO APPROVAL BY CITY ATTORNEY: (,L -APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 06/10zelt 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 From: Carter Lucas, Assistant City Manager To: Honorable Mayor and City Council Members Re: Text Amendment – RZ18-10 – To amend Sec. 64-1 Definitions and Date: May 29, 2018 for June 18, 2018 Mayor and City Council Meeting (June 4, 2018 First Presentation and June 11, 2018 Council Work Session) Department Recommendation: The Community Development Department recommends Approval of the proposed text amendment. Executive Summary: The purpose of the text amendment below is to make revisions to encourage the development of large lots within the City. This initiative was begun last fall and Staff has been directed by the Mayor and City Council to provide the citizens a more user friendly method to meet this goal of preserving larger lots. The proposed definition for “Driveway, modified single-family residential” will support access to large lot subdivisions (three acre minimum) and is consistent with Chapter 50-Subdivisions text amendments to be presented in July. A detailed overview was presented at the Planning Commission Meeting on May 23, 2018. The Planning Commission unanimously recommended approval of the proposed changes to Sec. 64-1. Legal Review: Paul Frickey - Jarrard & Davis (June, 2018) Attachment(s): RZ18-10 Text Amendment and ordinance. Page 1 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) Parking lot means an off-street area which is used for the temporary parking of vehicle whether paid or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi -story facility. Parking space means an area designated for the parking of one vehicle on an all-weather surface. No more than two carport or garage spaces may offset the minimum parking requirements in a single - family residential district. (Specifications included in article VIII.) Path means a cleared way for pedestrians and bicycles that may or may not be paved or otherwise improved. Pawnshop means a business that lends money at interest on personal property deposited with the lender until redeemed. Personal care home/assisted living. (1) The term "personal care home/assisted living" means a state -licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services. (2) The term "personal care home/assisted living" does not include: a. Hospitals; b. Convalescent centers; c. Nursing homes; d. Hospices; e. Clinics; or f. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Personal services, stand alone, means those buildings specifically designed and used for providing personal grooming, and hygiene services. Pet grooming means caring for the appearance of domesticated animals kept for pleasure, including bathing and brushing services. Photography studio means a room or building used for professional com mercial photography. Pipeline means any conduit through which natural gas, petroleum, oxygen, or other flammable or combustible products, or any of their derivative products are conveyed or intended to be conveyed. Plans review means the act of reviewing plans and specifications to ensure that proposed undertakings comply with various governing laws, ordinances and resolutions. Compliance is subsequently utilized to determine that work and materials are in accordance with approved plans and specifications. Plant nursery. (1) The term "plant nursery" means any land used to raise trees, shrubs, flowers and other plants for sale or transplanting. (2) The term "plant nursery" does not include: a. The retail sale of any related garden supplies such as chemical fertilizer, tools and other similar goods and equipment; or b. The retail sale of plants not grown on the property. Plat, final, means a finished drawing of a subdivision which provides a complete and accurate depiction of all legal and engineering information requ ired by the subdivision regulations (chapter 50). Certification is necessary for recording. Page 2 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient detail to indicate its workabilityclearly indicate its and feasibility, but is not in final form for recordingation pursuant to the subdivision regulations (chapter 50). The preliminary plat is the first stage in securing a land disturbance permit. Plumbing shop associated with retail sales means a commercial establishment used primarily for the sale of plumbing and lighting equipment, and supplies. Pool hall means any public place including three or more pool tables where a person is permitted to play the game of billiards and for which a charge is made for use of equ ipment or for which no charge is made for use of equipment and where alcoholic beverages are being served. Porch means a roofed open structure projecting from the exterior wall of a building and having at least 70 percent of the total area of the vertical planes forming its perimeter unobstructed in any manner except by insect-screening between floor and ceiling. Primary variance. See "Variance." Printing shop means a commercial establishment where copying, reproduction and other business services are performed. Prison/correctional facility. (1) The term "prison/correctional facility" means a public or state -licensed private owned buildings, and all accessory uses and structures, used for long -term confinement housing and supervision of persons who are serving terms of imprisonment for violat ion of criminal laws. (2) The term "prison" is distinguished from a jail, in that a prison is considered to be larger and for longer terms, and is normally operated under the authority or jurisdiction of the state or federal government. (See section 64-1826, private correctional facility.) Property, when used in conjunction with an application for rezoning, means an area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. Protected zone means all lands that fall outside the buildable area of a parcel, all areas of a parcel required to remain in open space, all areas required as landscape strips and buffers (including zoning buffers, state water buffers and tributary buffers) and all tree save areas according to: (1) The provisions of this zoning ordinance; (2) Conditions of zoning; (3) Use permit or variance approval; and (4) The tree preservation ordinance (article III of this zoning ordinance). Race track means the use of a course devoted to the rac ing of motor and non-motorized vehicles or animals, and all improvements normally associated with racing such as off -street parking, patron seating, concessions, and a fixed race track. Radio and television station means an installation consisting of one or more transmitters or receivers, used for radio and, or television communications. This definition includes broadcasting organizations and/or studios. Recreation fields means an outside area designed and equipped for the conduct of sports and leisure time activities including, but not limited to: (1) Softball; (2) Soccer; (3) Football; and (4) Field hockey. Page 3 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) Recreational court, private. (1) The term "private recreational court" means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and which serves a single -family dwelling, duplex dwelling and multifamily dwelling, or combinations of dwelling types, including such improved areas which are owned and/or controlled by a neighborhood club or sim ilar organization. (2) The term "private recreational court" does not include a basketball goal adjoining a driveway of typical residential driveway dimensions. Recreational court, public, means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and is operated as a business or as a club unless such club is a neighborhood club or similar organization identified under the definition "Recreational court, private." Recreational facilities includes: (1) Parks; (2) Recreation areas; (3) Golf courses; (4) Playgrounds; (5) Recreation counters (indoor and outdoor); (6) Playing fields; and (7) Other similar uses or facilities. Recreational vehicle means a vehicle used for leisure time activities and as a dwelling un it while traveling. The dimensions of a recreational vehicle shall not exceed a width of eight and one -half feet and a length of 45 feet. (1) The term "recreational vehicle" includes: a. A camper; b. A motor home; and c. A travel trailer. (2) The term "recreational vehicle" does not include a mobile home. Recycling center, collecting, means any facility utilized for the purpose of collecting materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials. Suc h use may be principal or accessory to a nonresidential use on nonresidentially zoned property, except AG -1 zoned properties unless the primary use is a permitted nonresidential use. Recycling center, processing. (1) The term "processing recycling center" means any facility utilized for the purpose of collecting, sorting and processing materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials whenever such use is permitt ed in M-1 and M-2 zoning districts. (2) The term "processing recycling center" does not include a landfill. Relocated residential structure means a dwelling which has been removed from one location for relocation to another lot. Repair garage, automobile, means a use which may provide a full range of automotive repairs and services including major overhauls. The term "automobile repair garage" includes paint and body shops. Page 4 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) Repair garage, truck and heavy equipment means a use which may provide a full range of repairs and services including major overhauls on trucks and heavy equipment. The term "truck and heavy equipment repair garage" includes paint and body shops. Repair shop means a commercial establishment where small appliances, electronics and sm all motors are restored to working condition. Research laboratory means a workplace for the conduct of scientific research. Residential use/dwelling means any building or portion thereof where one actually lives or has his or her home. The term "residential use/dwelling" also means a place of human habitation. Restaurant means a food service use which involves the preparation and serving of food to seated patrons. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e., patios, decks, etc.) shall not be included in calculating the seating space. The term "restaurant" includes a cafeteria. Restaurant, fast food, means a food service establishm ent which sells food from a counter or window for consumption on-premises or off-premises. Tables may be provided, and food may be served at a table, but may not be ordered from a table. Retail use means a business whose primary purpose is the sale of mer chandise to consumers. Retreat. See "Lodge." Riding area means an area utilized for equestrian purposes including practice sessions, shows, etc., which may or may not be covered or with or without designated seating structures. Right-of-way means a portion of land over which a local or state government has designated a right of use. Roadside produce stand means a use offering either farm -grown, prepared food products such as fruits, vegetables, canned foods, or prepared packaged meats for sale from a ve hicle or a temporary structure. The consumption of food on-site is prohibited. Roadside vending means the sale of merchandise such as clothing, crafts, household item, firewood, etc., from a temporary table or cart. Roominghouse means a residential use other than a hotel or motel in which lodging may be provided to nonhousehold members for periods of 30 days or longer, and which does not include the provision of meals. Rural or agricultural event facility means a permanently established facility to include indoor or outdoor and indoor/outdoor or both sites utilized on a regular or seasonal basis for public and private gatherings. The facility takes advantage of special rural characteristics such as natural features, historic structures and landscapes, spe cial views, open vistas, or a secluded pastoral locale. Types of uses may include but are not limited to weddings, corporate events, retreats, community events, private parties and family gatherings/reunions. Salvage/storage/junk facility means any use involving the storage or disassembly of wrecked or junked automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or other building materials; and the storage or accumulation outside of a storage building of used vehicle tires or tire carcasses which cannot be reclaimed for their original use. Such uses are storage and salvage facilities whether or not all or part of such operations are conducted inside or outside a building or as principal or accessory uses. State approval is required for all sites utilized for reclamation and disposal of toxic and hazardous waste. Scale refers to the relationship of the size of a bu ilding to neighboring buildings and of a building to a site. In general, the scale of new construction should relate to the majority of surrounding buildings. Page 5 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) School, business, music or dance, means an educational institution devoted to a specific field o f learning whether public or private. School, private, means an educational use having a curriculum at least equal to a public school, but not operated by the Fulton County Board of Education. School, special, means an educational use devoted to special education, including the training of gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton County Board of Education. Schools, colleges and universities means any educational facility established under the l aws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to all residents of the city, town or other district; private schools which have students regularly attending classes and which teach subjects commonly taught in these schools of this state; any educational facility operated by a private organization or local county, or state that provides training or education beyond and in addition to that training received in grades kindergarten to 12th, including, but not limited to: (1) Trade, business and vocational schools; and (2) Any institution of higher learning, consisting of an assemblage of colleges u nited under one corporate organization or government, affording instruction in the arts and sciences and the learned professions, and conferring degrees. Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of these that is designed to provided a visual and physical barrier. Seasonal business use means a primary use involving the sale of items related to calendar holidays, such as Christmas trees, Halloween pumpkins, etc., which may be conducted outside. Secondary variance. See "Variance." Self-storage/mini means a single-level structure or group of structures containing separate spaces/stalls and which are leased or rented to individuals for the storage of goods. Self-storage/multi means a multi-level structure containing separate storage rooms/stalls under a single roof that are leased or rented. Senior housing means a single-family or multifamily development intended for, operated for and designed to accommodate residents 55 years of age and older. Senior housi ng communities are designed for seniors to live on their own, but with the security and conveniences of community living. Some provide communal dining rooms and planned recreational activities (congregate living or retirement communities), while others provide housing with only minimal amenities or services. Service commercial use means a business whose primary purpose is to provide a service. Service line means a distribution line that transports natural gas from a common source of supply to: (1) A customer meter or the connection to a customer's piping, whichever is farther downstream; or (2) The connection to a customer's piping if there is no customer meter. The term "customer meter" means the meter that measures the transfer of gas from one operator to a customer. Service station means a use which provides for the sale of motor vehicle fuels and automotive accessories, and which may provide minor repair and maintenance services. A service station shall be limited to four or fewer bays excluding no more than one attached or detached bay for washing cars. Setback means a space between a property line and a building or specified structure. Page 6 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) Setback, minimum, means the minimum yards as specified in the various use districts. A minimum required space between a property line and a structure. An area identified by a building line. Sidewalk means a paved area designated for pedestrians which is constructed in accordance with city standards. Site plan means a detailed plan, drawn to scale, base d on a certified boundary survey, and reflecting conditions of zoning approval, various requirements of state law, and zoning ordinances and other applicable ordinances. Site plan, preliminary, means a detailed plan, normally associated with rezoning and use permit requests, which is drawn to scale and reflects the various requirements of state law and of city ordinances. A preliminary site plan must be drawn to scale and shall contain information listed for such a plan as prescribed by the community development department. Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public right-of-way. Special event. (1) The term "special event" means an event or happening organized by any person or organization which will generate or invite considerable public participation and spectators for a particular and limited purpose of time including, but not limited to: a. Special sales and service promotions; b. Car shows; c. Arts and crafts shows; d. Horse shows; e. Carnivals, festivals, exhibitions, circuses and fairs; f. Show houses; and g. Tours of homes for charity. (2) Special events are not limited to those events conducted on the public streets but may occur entirely on private property. (3) Special events may be for profit or nonprofit. (4) Special events which will occur in the public right -of-way, such as roadway footraces, fundraising walks, bike-a-thons, parades, etc., are subject to the approval of the city police department. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic regions, buttocks, or female breasts below a point immediately above th e top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; or (3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts. Spill light means the light that illuminates surfaces beyond the intended area of illumination caused by the uncontrolled direct light component from the luminaires. Stadium means a large open or enclosed structure used for sports and other major events and partly or completely surrounded by tiers of seats for spectators. Page 7 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) Stormwater better site design means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. The term "stormwater better site design" includes but is not limited to: (1) Conserving and protecting natural areas and greenspace; (2) Reducing impervious cover; and (3) Using natural features for stormwater management. Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation as determined by engineering studies, in a manner which enhances and promotes the public health, safety and general welfare. Stormwater management facility means any infrastructure that effects stormwater management and which controls or conveys stormwater runoff. Story. (1) The term "story" means a portion of a building between the surface of any floor and the floor or space above it; (2) The term "story" does not include basements and attics. Story, half, means a heated and finished area below a roof, one or more of the vertical walls of which are less than normal ceiling height for the building. Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public or they may be private if specifically approved by the community develo pment department as part of a subdivision plat or approved through the privatization process. (1) Public streets means rights-of-way used for access owned and maintained by the federal, state, or local government. (2) Private streets means roadways and parallel sidewalks similar to and having the same function as a public street, providing vehicular and pedestrian access to more than one property, but held in private ownership (as distinct from a driveway). Private streets are constructed to city standards but owned and maintained by a private entity. Necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities shall be provided. Should the city ever be petitioned to assume ownership and maintenance of the private streets prior to dedication of the streets, they must be brought to acceptable city stan dards subject to the approval of the director of public works. (3) Stub-out streets means streets having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have, but may be required to have, a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter provided such stub -out street meets the standards of the fire department. (4) Driveway, modified single-family residential, access or shared (private drive ) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility for no more than five single -family residential lots that are all a minimum of 3 acres in size. Driveway means a vehicular access way in private ownership, other than a private street, which provides access primarily to only one property or project, or to no more than three single-family detached residences. (5) Roadway. a. The term "roadway" means the paved or graveled portion of a street from back of curb to back of curb (or edge of pavement to edge of pavement for streets not having curbs). Formatted: Font: Italic Page 8 of 8 RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Mayor and City Council Meeting on June 18, 2018 (First Reading on June 4, 2018 and Council Work Session on June 11, 2018) b. The term "roadway" does not include driveway aprons, bridge s, and large single and multi- cell culverts which in a hydrologic sense can be considered to function as a bridge. (6) Freeway means any multi-lane roadway having full access control and separation of directional traffic. A freeway accommodates large vol umes of high speed traffic and provides efficient movement of vehicular traffic for interstate and major through travel. (7) Principal arterial means any roadway that has partial or no access control and is primarily used for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land. (8) Minor arterial means any roadway that has partial or no access control and is primarily used for interconnectivity of major arterials and places more emphasis on access to adjacent land o ver mobility than principal arterials. (9) Collector road means any roadway that has partial or no access control and has more emphasis on access to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the arterial system to their destination points and allow access to the local roads. (10) Local road means any roadway that has no access control and places strong emphasis on access to adjacent land over mobility while service to through traffic is discourage d. (11) Full access control means that preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossing at grade and direct private connections. (12) Partial access control means that preference is given to through traffic to a degree that in addition to connection with selected public roads, there may be some crossing at grade and some private connections. (13) No access control means that preference is generally given to access to adj acent land rather than mobility. M I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2018 FROM: Steven Krokoff, City Manager(% AGENDA ITEM: Consideration of RZ18-11 - To Amend Section 64-1 Definitions. MEETING DATE: Monday, June 18, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (.ANO CITY ATTORNEY REVIEW REQUIRED: (J YES (J -NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us From: Carter Lucas, Public Works Director To: Honorable Mayor and City Council Members Re: Text Amendment – RZ18-11 – To amend Article XVII – Development Regulations, Sec 64-2395, Sec 64-2397 and Sec 64-2398 Date: May 29, 2018 for June 18, 2018 Mayor and City Council Meeting (June 4, 2018 First Presentation and June 11, 2018 Council Work Session) Department Recommendation: The Community Development Department recommends Withdrawal of the proposed text amendment. Executive Summary: The purpose of the text amendments below are to make revisions to encourage the development of large lots within the City. This initiative was begun last fall and Staff has been directed by the Mayor and City Council to provide the citizens a more user friendly method to meet this goal of preserving larger lots. During the review process, it was determined that no changes were necessary to Sec 64-2395, Sec 64-2397 and Sec 64-2398; therefore, Staff recommends Withdrawal of RZ18-11. At its May 23, 2018 meeting, the Planning Commission recommended Withdrawal. Legal Review: N/A Attachment(s): none I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 11, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Provide for a Referendum on a Local Homestead Tax Exemption. MEETING DATE: Monday, June 18, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (J NO CITY ATTORNEY REVIEW REQUIRED: (�ES (J NO APPROVAL BY CITY ATTORNEY: (,�IAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: &v1102o`ti 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info @cityofmiltonga. us I www.cityofmiltonga.us 0000 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO PROVIDE FOR A REFERENDUM ON A LOCAL HOMESTEAD TAX EXEMPTION WHEREAS, on May 8, 2018, Governor Deal signed into law HB 710 (the “Local Legislation”), attached hereto as Exhibit A, which provides for a new homestead exemption from City of Milton ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; WHEREAS, the Local Legislation further provides that, “The municipal election superintendent of the City of Milton shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Milton for approval or rejection. The municipal election superintendent shall conduct such election on November 6, 2018, and shall issue the call and conduct such election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Milton.”; and WHEREAS, the City Council desires to hold the necessary referendum. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. A referendum on the subject of a new homestead exemption shall be held on November 6, 2018 in compliance with the Local Legislation. 2. The City Attorney and City Clerk shall coordinate the preparation of an intergovernmental agreement with Fulton County to serve as municipal election superintendent for purposes of conducting the referendum. SO RESOLVED, this ___________ day of ______________ 2018. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk EXHIBIT A 18 LC 44 0756S/AP H. B. 710 - 1 - House Bill 710 (AS PASSED HOUSE AND SENATE) By: Representatives Jones of the 47th and Cantrell of the 22nd A BILL TO BE ENTITLED AN ACT To provide for a new homestead exemption from City of Milton ad valorem taxes for1 municipal purposes in an amount equal to the amount by which the current year assessed2 value of a homestead exceeds the adjusted base year value of such homestead; to provide for3 definitions; to specify the terms and conditions of the exemption and the procedures relating4 thereto; to provide for related matters; to provide for applicability; to provide for a5 referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 (a) As used in this Act, the term:10 (1) "Property taxes for city purposes" means all ad valorem taxes for municipal purposes11 levied by, for, or on behalf of the City of Milton, but excluding any ad valorem taxes to12 pay interest on and to retire municipal bonded indebtedness.13 (2) "Adjusted base year value" means the previous adjusted base year value adjusted14 annually by the lesser of 3 percent or the inflation rate, plus any change in homestead15 value, provided that no such change in homestead value shall be duplicated as to the same16 addition or improvement.17 (3) "Change in homestead value" means value, including any final determination of18 value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, derived19 from additions or improvements to, or the removal of real property of, the homestead20 after the lowest base year value is determined.21 (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of22 the O.C.G.A., as amended, with the additional qualification that it shall include only the23 primary residence and not more than five contiguous acres of land immediately24 surrounding such residence.25 18 LC 44 0756S/AP H. B. 710 - 2 - (5) "Inflation rate" means the Consumer Price Index for all urban consumers, U.S. City26 Average, all items 1967-100, or a successor index as reported by the United States27 Department of Labor Bureau of Labor statistics.28 (6) "Lowest base year value" means:29 (A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value,30 including any final determination of value on appeal pursuant to Code Section 48-5-31131 of the O.C.G.A., as amended, of the homestead, with such assessed value being32 multiplied by 1.0423, which number represents inflation rate data for December, 2015,33 through December, 2017, with respect to an exemption under this Act which is first34 granted to a person on that person's homestead in the 2019 taxable year or who35 thereafter reapplies for and is granted such exemption in the 2020 taxable year, or36 thereafter, solely because of a change in ownership to a joint tenancy with right of37 survival; or38 (B) In all other cases, the lower of the assessed value, including any final determination39 of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of40 the homestead, from the taxable year immediately preceding the taxable year in which41 the exemption under this Act is first granted to the most recent owner of such42 homestead or the assessed value, including any final determination of value on appeal43 pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead,44 from the taxable year in which the exemption under this Act is first granted to the most45 recent owner of such homestead, with respect to an exemption under this Act which is46 first granted to a person on that person's homestead in the 2020 taxable year or who47 thereafter reapplies for and is granted such exemption in the 2021 taxable year, or48 thereafter, solely because of a change in ownership to a joint tenancy with right of49 survival.50 (7) "Previous adjusted base year value" means:51 (A) With respect to an exemption under this Act that is first granted to a person on that52 person's homestead, the lowest base year value; or53 (B) In all other cases, the adjusted base year value as calculated in the taxable year54 immediately preceding the current year.55 (b) Each resident of the City of Milton is granted an exemption on that person's homestead56 from City of Milton property taxes for city purposes in an amount equal to the amount by57 which the current year assessed value, including any final determination of value on appeal58 pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of that homestead59 exceeds the adjusted base year value of the homestead. The value of that property in60 excess of such exempted amount shall remain subject to taxation.61 18 LC 44 0756S/AP H. B. 710 - 3 - (c) The surviving spouse of the person who has been granted the exemption provided for62 in subsection (b) of this section shall continue to receive the exemption provided under63 subsection (b) of this section, so long as that surviving spouse continues to occupy the64 home as a residence and homestead.65 (d) A person shall not receive the homestead exemption granted by subsection (b) of this66 section unless the person or person's agent files an application with the governing authority,67 or its designee, of the City of Milton giving such information relative to receiving such68 exemption as will enable the governing authority, or its designee, to make a determination69 regarding the initial and continuing eligibility of such owner for such exemption. The70 governing authority, or its designee, of the City of Milton shall provide application forms71 for this purpose.72 (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.173 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year74 to year so long as the owner occupies the residence as a homestead. After a person has75 filed the proper application as provided in subsection (d) of this section, it shall not be76 necessary to make application thereafter for any year and the exemption shall continue to77 be allowed to such person. It shall be the duty of any person granted the homestead78 exemption under subsection (b) of this section to notify the governing authority, or its79 designee, of the municipality in the event that person for any reason becomes ineligible for80 that exemption.81 (f) The exemption granted by subsection (b) of this section shall not apply to or affect state82 ad valorem taxes, county or independent school district ad valorem taxes for educational83 purposes, or county ad valorem taxes for county purposes. The homestead exemption84 granted by subsection (b) of this section shall be in addition to and not in lieu of any other85 homestead exemption applicable to property taxes for city purposes.86 (g) The exemption granted by subsection (b) of this section shall apply to all taxable years87 beginning on or after January 1, 2019.88 SECTION 2.89 The municipal election superintendent of the City of Milton shall call and conduct an election90 as provided in this section for the purpose of submitting this Act to the electors of the City91 of Milton for approval or rejection. The municipal election superintendent shall conduct92 such election on November 6, 2018, and shall issue the call and conduct such election as93 provided by general law. The municipal election superintendent shall cause the date and94 purpose of the election to be published once a week for two weeks immediately preceding95 the date thereof in the official organ of the City of Milton. The ballot shall have written or96 printed thereon the words:97 18 LC 44 0756S/AP H. B. 710 - 4 - "( ) YES98 99 ( ) NO100 101 102 Do you approve a new homestead exemption from City of Milton property taxes for city purposes in the amount of the difference between the current year assessed value of a home and its lowest base year value, provided that the lowest base year value will be adjusted yearly by the lesser of 3 percent or the inflation rate?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons103 desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes104 cast on such question are for approval of the Act, Section 1 of this Act shall become of full105 force and effect on January 1, 2019. If the Act is not so approved or if the election is not106 conducted as provided in this section, Section 1 of this Act shall not become effective and107 this Act shall be automatically repealed on the first day of January immediately following108 that election date. The expense of such election shall be borne by the City of Milton. It shall109 be the municipal election superintendent's duty to certify the result thereof to the Secretary110 of State.111 SECTION 3.112 Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon113 its approval by the Governor or upon its becoming law without such approval.114 SECTION 4.115 All laws and parts of laws in conflict with this Act are repealed.116