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HomeMy WebLinkAboutMinutes - PC - 02-26-2008MINUTES City of Milton Planning Commission Regular Meeting February 26, 2008, 7:00 PM This summary is provided as a co nvenience and service to the public, media, and staff It is not the intent to transcribe proceedings verbatim . Any reproduction of this summary must include this notice. Public comments are noted and heard by the Planning Commission, but not quoted. This document includes limited presentation by the Planning Commission and invited speakers in summary form. This is an official record of the City of Milton Planning Commission meeting proceedings. Official Meetings are audio recorded. Commission Members Present: Paul Hackman, Curtis Mills , Cary Schlenke, Paul Moore, Fred Edwards, George Ragsdale , Jennifer Fletcher Meeting Leader/City Staff: Robyn MacDonald, Community Development INVOCATION The invocation was led Commission Member Cary Schlenke. PLEDGE OF ALLEGIANCE MEETING CALLED TO ORDER CONDITIONS AND STATEMENT OF BOARD Chair Paul Moore read to attendees of meeting the condition s and statement of the Board. RULES AND PROCEDURES OF MEETING Chair Paul Moore read to attendees of meeting the rules and procedures from the City of Milton Zoning Ordinance. He explained the portion of the Public Comment Card stating that any opponent of a re-zoning application must file this disclosure at least five calendar days prior to the first hearing by the local government or any of its agencies , which is usually the Planning Commission meeting if they have made a contribution in the amo unt of $250 or more. If yo u have not filed a disclosure prior to the Planning Commission meeting, the City Attorney strongly suggests that yo u have someone else speak to your point of view. . Planning Commission Regular Meeting Tuesd ay, Feb r u ary 26, 2008 AGENDA ITEM/L OCATION I. Ca ll to order II. App rova l of Min utes III. Use Permits U08-001 VC08-001 Land Road U07-011 VC07-017 13620 Hopewell Road VII. A dj ourn m ent AGENDA Planning Commission February 26 , 2008 REQ UEST Minutes from January 29 , 2008 Planning Commission Meeting To obtain a use permit to develop a landscape business. The applicant is also requesting the fo ll owing concurrent variance: To allow access from a local road (Article 19.4.27 Section B.1) (Mike Searles) Use Permit for a Private School to be developed with 5 buildings for a total of 63,400 square feet with a maximum of 325 students for th Kindergarten -8 graders. The app licant is also requesting the following 5-part concurrent variance: 1) To redu ce th e building setback along the north property line from 100 feet to 85 feet (19.4.40.B .3) 2) To reduce the 75-foot buffer and 10-foot improvement setback to the extent necessary to all the septic field to encroach. (Article 12H.3.1C.2.) 3) To increase the 20 foot setback from the landscape strip to 500 feet. (12H.3.5.C.1) 4) To allow parking between the right of way and the building. (Article 12H.3.5.F.3) 5) To reduce parking from 171 spaces to 70 spaces (Article 18.2.1) Cha ir Pa ul Moo re stated he was presented surprised at the public attendance. Made announcement that the Agenda has two items that were posted, but in both cases , the applications have been requested by the applicants to be withdrawn this evening. Action does have to be taken to acknowledge the withdrawal s, but if you came to speak on either item s you could come forward to speak , but it is not necessary. Chair Pa ul Moo re opened public comment. 2 . Planning Commission Regular Meeting Tuesday, February 26, 2008 PUBLIC COMMENT Sofia Ribeiro, 3050 Land Road, Milton, GA Stated she came to talk about the first place. Expressed concerned that as long as there was an application, the City given applicant the rights to operate their business. Would like to know what happens when applicant withdraws. Does the person have to stop all the work? Chair Paul Moore: Do not usually respond to questions, but since the case is withdrawn, will defer to Staff. Staff Robyn MacDonald: Would allow the applicant a proper amount of time to vacant from the property as well as get the property back into an acceptable condition to ensure there will not be issues with the land. We have discussed possibly 60 days, but that is up to Code Enforcement. We need to give then an appropriate amount of time to find a new place to take all the materials to. With them withdrawing, they will not be able to operate the business. Chair Paul Moore: Will they be allowed to continue their business during the 60 day period or will they have to cease and desist as well during that window time. Staff Robyn MacDonald: They could continue on but Code Enforcement would give them an agreed upon time limit, a certain date , to say they would have to stop by that time or they would probably take them to court and have the judge handl e it. Sofia Ribeiro: Will the community be privileged to get that time information? Staff Robyn MacDonald: Would be happ y to share that information with you. Chair Paul Moore: For your information, Staff had recommended denial of this application. Mike Searles, 4779 Atlanta Road, Smyrna, GA: Stated he was h ere representing the Applicant Celestino Martine z. He has withdrawn hi s request. At the end of this week, he wi ll not have any additional deliveries. Hopefully , g iven the 60 days to find a new place to start moving hi s stone to , then you will start hi s busin ess there. Chair Paul Moore: The Commission will be takin g a vote this evening for the withdrawal of the case. Kim Horne, 415 Wade Glen Court, Milton, GA: Aske d if applicant was going to be required to replant the trees and brin g it back up to the standard the property was before he illegally used the property for the site. Staff Robyn MacDonald: Stated it was her und erstanding from the Arborist , there were no specimen size trees that he saw. ot s ur e he would be required to replant under AG -1. Would make sure the property is stabi li ze d and not left with any junk. 3 . Planning Commission Regular Meeting Tuesday, February 26, 2008 Chair Paul Moore: Called for any other public comment. There was no further public comment. Chair Paul Moore: Called for a motion to close public comment. Motion and Vote: Fred Edwards moved to close public comment. Seconded by Jennifer Fletcher. There was no discussion . Vote: 7-0. Motion unanimously carried to close public comment. APPROVAL OF MINUTES Chair Paul Moore: Called for approval of the January 29, 2008 Planning Commission meeting minutes. Motion and Second: Paul Hackman moved to approve the January 29, 2008 Planning Commission meeting minutes. Seconded by Fred Edwards. There was no discussion. Vote: 7-0. Motion unanimously carried and minutes were approved. Chair Paul Moore: Called the first item on the Agenda and asked Staff Rob yn MacDonald to read the first item . Staff Robyn MacDonald: Read Petition U0S-001, VC0S-001 , property on Land Road. Request for Use Permit and a concurrent variance. Did not read entire report . Community Development Department's recommendation is denial of the Use Permit, U08-001 and denial of VC08 -001. Chair Paul Moore: Asked the applicant to come forward. Mike Searles, 4779 Atlanta Road, Smyrna, GA: Stated he was the representative for Celestino Martinez and they are reque sti ng withdrawal of thi s app lication . Chair Paul Moore: Called for anyone else who would like to add so mething in addition to what may have already been shared this evening by the community. There was no add itional public comment. Chair Paul Moore: Asked applicant if there was anything furth er he wished to share. Mike Searles: Stated after this week, Mr. Martinez wi ll not be ge tting in anymore shipments of stone and wi ll start looking for a new place to open hi s busi ness and will gradually staii transferring the existing in ventory of rock and mortar to the new location . He is hoping to have at least 60 days to get th e material mo ve d. They do und erstand about getting the ground cover back and cleaning up any trash. Stated he was a developer and understand that it should be left the way it should be. 4 . Planning Commission Regular Meeting Tuesday, February 26, 2008 Chair Paul Moore: Asked if owner had any intention to do any re-plantings in response to community comment. Mike Searles: Stated applicant did not have any intention to replant. The site is probably a 25 year re-growth of pines that were timbered. Whatever was taken down is very minimal. He was just planning to clean it up and redo the ground cover so there is no raw dirt. Chair Paul Moore: Asked if applicant planned to remove what gave the appearance to be a drive on that site . Mike Searles: Would have to talk to staff to see if there was a problem with that. Staff Robyn MacDonald: He would not be required to remove it. He owns the property and he can do what he would like to. We do not have a problem with the driveway going into it. Chair Paul Moore: Any more questions? George Ragsdale: Had a question for staff. Ho w did this come about? Staff Robyn MacDonald: It was a code enforcement issue that was reported. George Ragsdale: Went and looked at the property and saw some store d items, but what is the extent of the activity on the site currently? Staff Robyn MacDonald: State d they go to pick up material and take it. They may actually have workers come and leave their trucks and then leave on crews. George Ragsdale: Did not see any ve hicl es there when he dro ve by. Staff Robyn MacDonald: There have been vehicles store d and parked there. They are h eavy vehicles to move rock as well as trucks b elonging to people. Mike Searles: Stated h e does have a bobcat and a flatbed truck that is parked there. George Ragsdale: Stated reason for ask in g is because it raised the same question as b efo r e about the definition of a land scape business, because in the absence of the vehicles b ei n g sto red there, it does not constitute a landscape bu si ne ss the way the ordinance is written. Staff Robyn MacDonald: Code Enforceme nt b elieved it would be in violation of the ordinance. 5 Planning Commission Regular Meeting Tuesday, February 26, 2008 Chair Paul Moore: Called for a moti on to accept th e withdrawal. Motion and Second: Paul Moore made a motion that the Commission accept Staffs recommendation for withdrawal of U08-001, VC08 -001 , the Land Road Use Permit and concurrent variance and request that we acknowledge and accept th e withdrawal. Seconded by Paul Hackman . Discussion: George Ragsdale: Stated that as a technic ality, Staffs recommendation was not for w ithdraw. Chair Paul Moore: Thanked Mr. R ags dale for correcting him and restated the motio n : That the Commission accept the r eq u est for withdrawal of U 08-001 , VC08-001 , the Land Road Use Permit and co ncurrent .variance and request that we acknowledge and accept the withdrawal. Seconded by Paul Hackman . There was no further di sc ussion. Vote: 7-0. Motion unanimou sly carried. Mike Searles: Inquired as to when the n ext meeting on this wo uld b e. Staff Robyn MacDonald: State d at the City Council on March 17th . You can appear and ask for the withdrawal as well because th ey have to take a vote as we ll. Mike Searles: Asked if thi s had to be don e in person. Staff Robyn MacDonald: State d that was preferabl e, but you could write a letter for Mr. Martinez stating everything yo u co uld do so. George Ragsdale: Asked Staff Robyn MacDonald to call th e next agenda item. Staff Robyn MacDonald: Read Petition U07-011, VC 07-017 , The Academy, 13620 Hopewell Road, J.T. Adams . Application for a Use Permit for a private schoo l and a 5-part conctment variance 1) to reduce th e building setback, (2) reduce the 7 5 foot buffer and 10 foot improvement setback, (3) To increase the 20 foot setback to all the septic field encroachment and (4) to all ow parking between the ri ght-of-way and the building. Staff Rob y n MacDonald: Stat ed sh e receiv ed a letter from the app li cant, J. T. Adams , requesting the withdrawal of this petition with out prejudice and Staff recommends withdrawal. C hair Paul Moore: Asked if applicant was present tonight. 6 . Planning Commission Regular Meeting Tuesday, February 26, 2008 Staff Robyn MacDonald: Stated applicant was not present, but had sent in the letter for the Commission. Chair Paul Moore: Called for any public comment from the community . There was no public comment. Chair Paul Moore: Called for a motion to close public comment. Motion and Second: Paul Hackman made a motion to close public comment. Cary Schlenke seconded the motion . There was no further discussion. Vote: 7-0. Motion to close public comment unanimously carried. Chair Paul Moore: Called for a motion to accept the withdrawal. Motion and Second: Paul Hackman made a motion to allow withdrawal of U07-0ll, VC07- 017, The Academy. Seconded by Jennifer Fletcher. There was no further discussion . Vote: 7-0. Motion to withdraw unanimously carried. Chair Paul Moore: Called for a motion to adjourn . ADJOURNMENT: Motion and Second: Fred Edwards moved to adjourn the meeting. Paul Hackman seconded the motion. There was no further discussion. Vote: 7-0 . Motion unanimously carried and meeting was adjourned . Meeting adjourned at 7:40 p .m. Dated Approved: ) -Z. \,. c) 8 \ --.. _....,, / ) ' ✓ .· ' ,,,., ' ~~;:;:;:j~~- --Francesca Ivie City Clerk 's office Paul Moore , Chairman Planning Commission 7