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HomeMy WebLinkAboutMinutes - PC - 08-28-2007City of Milton Planning Commission Regular Meeting August 28,2007,7:00 PM This summary is provided m a convenience and sewice to the public, media, and stag It is not the inrenl fo trunscribe proceedings verbarim. Any reproduction of this summary must include this notice. Public comments are nored and heard by the Planning Commission, hut not quored. This document includes limited presentation by the Planning Commission and invited speakers in summary form. This is an ofJiciaE record of the Ciry of Milton Planning Commission meeting proceedings. OfJiccial Meetings are audio recorded. Commission Members &sent: Paul Hackman, Curtis Mills, Cary Schlenke, Paul Moore, Bob Moheb, Fred Edwards Not Present: George Ragsdale Meeting Leader/City Staff: Tom Wilson, Community Development Mike Tuller, Community Development Robyn MacDonald, Community Development Randy Simes, Community Development Intern COmITIONS AND STATEMENT OF BOARI) Chair Paul Moore read to attendees ofmeeting and introduced Board Members. RULES AND PROCEDURES OF MEETING Chair Paul Moore read to attendees of meeting the rules and procedures from the City of Milton Zoning Ordinance. INVOCATION The invocation was led Chairman Paul Moore PLEDGE OF ALLEGIANCE AGENDA Description I. Invocation 11. Call to Order m.Pledge of Allegiance IV. Po blic Comment V.Approval of Minutes from the July 24, Minutes 2007 Planning Commission Meeting VI. REZOrnGS New A. RZ07-010 1394 1 -13945 Highway 9 N. To develop three (3) ofice buildings with a bank in one (I) 14,104 square-foot tw~stosybuilding and two (2) 7,000 square-foot buildings for a total of 28,104 square feet at a total density of 5,332 square feet per acre. VII. USE PERMITS New A. U07-003 2540 Hopewell Road VC07-007 To develop a 16,728 square-foot church with 199 fixed seats. Also to request a concurrent variance to reduce the 75" buffer and ten 10' improvement setback to a 25' buffer and ten 10' improvement setback along the south and west property lines (12.H.S. 1.C.2). VIII, OmR Recommend State Route 9 BUSINESS Overlay District text amendment to lx forwarded to City Council work session. TX.ADJOURN Staff PC Meeting Datesi* Recommendation Recommendation Approval CZlM 7/25/07 DRB 8/7/07 MCC 9120107 Approval Conditional 1 CZlM 7125107 DRB 8/7/07 MCC 9120107 Approval Contlitianal Denial I I Planning Commission Regular Meeting Tuesday, August 28,2007 CHAIR PAUL MOORE Called for public comment on any topic that was not being addressed by the formal agenda. Gordon Hunter, 14680 Wood Road, Milton, GA 30004 Clarification for deferral of agenda item V07-003 and VCOT-007(Hopewell Road), C W PAUL MOORE Read items on agenda. C W PAUL MOORE CIarification about discussion with Mike Tuller regarding City Council action. e Confirmation there would be a review of Crabapple Master Plan and earmarked dollars by Jan Jones. Additional funds to be raised. m REP. a Sole purpose of reviewing the Transportation Plan and earmarked for that study. STAFF TOM WIbSON Currently written,but not executed. * Earmarked for transportation improvements. No RFP -under $50,000. * Scope of services. Will provide Scope of Services to Commission Members. CHAIR PAUL MOORE PC noted third party consulting firm presenting for project. m Concerned about conflict of interest. The Sizemore Group has parcel they have been supporting in effort to move application forward. Expressed concern by PC about conflict of interest with the Sizemore Group. STAFF TOM WILSON For the record requested that conflict concern be sent to him in a letter. CHAIR PAUL MOORE called for motion to close public comment. MOTION AND SECOND: Commission Member Fred Edwards made a motion to close public comment. Commission Member Paul Hackman seconded the motion. VOTE: Unanimous (6-0). Motion passed and pubiic comment was closed. CHAIR PAUL MOORE Called the first agenda item, Approval of the July 24,2007 meeting minutes. MOTION AND SECOND: Commission Member Bob Moheb made a motion to approve the July 24, 2007 Planning Commission meeting minutes. Commission Member Cary Schlenke seconded the motion. VOTE: Unanimous (6-0). Motion passed and minutes were approved. Page 3 of 15 Planning Commission Regular Meeting Tuesday, August 28,2007 CHAIR PAUL MOORE Asked Staff Robyn MacDonald to read the first application, RZ071010. STAFF RQBYN MACDONALD Property location is 1394 1-1 3945 Highway 9N. To develop three (3) ofice buildings. * Bank in one (1) 14,104 square foot two-stoty building and two (2) 7,000 square foot buildings for a total of 28,104 square feet. Total density of 5,332 square feet per acre. * In compIiance with State Route 9. * Design Review Board required to review plan before permits are issued. STAFF RORYN MACDONALD Read Design Review Board's comments from 8/7/07 meeting. * Color of building material to blend in what is in existence In surrounding area. I Tone down color or rmf. Add detail to elevator tower. * Proposed commercial 0-1 development is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. Consistent with recent Board Policy. Staff recommended approval with conditions. COMPLETE PETITION W7-010AND STAFF'S RECOMMENDATIONS AND CONDITIONS ARE ATTACHED AS ATTACHMENT 1. CJlNR PAUL MOORE Called applicant up to present RZ07-010. Applicant David Mancuso, 8440 Woodland View Drive, Gainesville, Geowia 30506. Organizer for First MiIton Bank and Milton Organizers LLC. Agreed Ea acquire 5.27 1 acres on east side of Highway 9. Submitted a rezoning application petitioning for change in zoning regulations from. AG-1 to 0-1. Total density for site 28,104 square feet. * Had courtesy review by Design Review Board. * Agreed to address affirmatively the DRB" comments. Accept in their entirety Staffs Recommendations of Approval. CHAIR PAUL MOORE Called for public comment. No support or opposition. Called for motion to close public comment. MOTION AND SECONX): Commission Member Paul Hackman made a motion to close public comment. Commission Member Cary Schlenke seconded the motion. VOTE:Unanimous (6-0).Motion passed and public comment closed. Page 4 of 15 Planning Commission Regular Meeting Tuesday, August 28,2007 DISCUSSION BY COMMISSION MEMBERS ABOUT MOTION PROCEDURES AND QUESTIONS AND DISCUSSION. ASKED STAFF FOR CLARIFICATION. STAFF TOM WILSON Can ask questions before motion but cannot have discussion before motion. Then motion and second, Then open for discussion. COMMISSION MEMBER CARY SCHILENKE m Question from site p!an about location of septic field and detention pond. Referenced blue line from topography map. Possibility of moving septic field. COMSSTON MEMBER CURTIS MILLS m Dry or wet creek? APPLICANT DAVID MANCUSO Dry. m Soil testing was performed. * Engineering done. BUZZY MUELLER, 755 Tucbhoe Trace, Johns Creek, Georeia Wor Aa~Iicant). Conceptual site plan. Done geotechnical testing. Meet or exceed the septic requirements. * Septic field and size determined by development. m Referencing a need to reserve for that use. Intend to change the topography of the site. m Detention basin determined not only by footprint but the depth. Inter-parcel tie (site plan bottom left hand corner). Believes storm pond will accommodate run-off. Will meet or exceed expectations of rules. CHAIR PAUL MOORE Commission members concerned about water flow for impervious surface and dry creek. Ensure no run-off situation. STAFF TOM WILSON Would not issue land disturbance permit unless all:rules and regulations for stormwater were met. COMMISSION MEMBER BOB MOHEB Question about whether city arborist had been to site to determine if dry stream. STAFF TOM WILSON Arborist will make determination as to whether or not a dry stream. If needed, significant changes will be made to site plan and it will return to PC as a modified site pIan if it got approved. All specimen trees will Be preserved or recompensed. Page 5 of 15 Planning Commission Regular Meeting Tuesday, August 26,2007 ADDITIONAL COMMISSION DISCUSSION ABOUT SPECIMEN TREES. COICIZIWSSION MEMBER CURTIS MILLS o Any discussion with Bell Meade Homeowners'Association? APPLICANT DAVID MANCZTSO- Did not contact HOA.- Contacted all property owners within a quarter mile of site by letter. Had open house on August 13th. o Invited comment and visit and had no comment in any fashion from anyone. Approximately 150 letters were sent out. COMMISSION MEMBER BOB MOHEB r Appendix A of packet on page 17 under Transportation, Classification. Referencing two lane highway. Question about Highway 9 to be four lane highway. STAFF TULLER r Proposal in long-range transportation plan for 4 lane medium divided section. r Year 2014. r Four lanes total -two in each direction. r Jan Jones has earmarked 55 ft. from center line of road STAFF TOM WILSON 1. Contingent on GDOT getting funding. r Currently being designed in concert with GDOT because it is state highway for what is there now. * Redesigned at a later date. STAFF ROBYN MACDONALD * Reservations are for keeping buildings away from future right-of-ways. COMMISSION MEMBER CURTIS MILLS How close is closest house to run-off? BUZZY MUELLER Made certain they were not interfering with any houses. From engineering perspective what they are doing will have no impact on what is there and probably Iess. m Goal is to retain water and leave area slower than it is now. * Cannot see houses -dense woods. STAFF TOM WILSON o Condition 5-A requires that post development be reduced by 25%. a Less flow leaving site. Page 6 of 1 5 Planning Commission Regular Meeting Tuesday, August 28,2007 STAFF CURTIS MILLS Letter before them presented by applicant. Expressed did not like harshness of wording in letter. * Asked staff if city attorney had seen letter. APPLICANT DAVID MANCUSO * Doing work themselves. r Not engaged counsel. r Pete Hendricks recommended after reading the letter of intent that needed to add the constitutional component to the letter of intent. a Exhibit A to letter that was amended. STAFF TOM WJLSON * No, city attorney had not seen letter. r Worked with Pete Hendricks for many years. * Boiler plate language he puts in all applications he deals with. * Preserves his right in his opinion if he does have to sue. APPLICANT DAVID MANCUSO * Showed Commission Members rendering of proposed bank building. COMMISSION MEMBER BOB MOHEB r Clarification that right of way would be dedicated at no cost to city. Page 15, b) iv. STAFF ROBYN MACDONALlD Yes, the dedication, not the reservation at no cost. CJXAIR PAUC MOORE Clarification that applicant agreed to confirm for record willingness to abide by all recommended conditions by staff. COlVlMlSSION MEMBER CART SCHLENKE Discussion with staff about setback boundaries shown on presented map. STAFF TOM WILSON Setback line inside 50 foot buffer. m Total setback is 60 feet from property line. STAFF ROBYN MACDONALD m Looking at site plan probably provided more than what was required. a ADDITIONAL DISCUSSION WITH STAFF AND COMMISSION ABOUT SETBACKS REFERENCING MAP. Page 7 of 15 Planning Commission Regular Meeting Tuesday, Aukst 28,2007 COMMISSION MEMJ3ER BOB MOmB Landscapingwithin35feet? APPLICANT DAVID MANCUSO Most of property line is heavily wooded. * Scmb and dense brush. * Intent is to be a good neighbor. a Will address any specific concerns property owner may have. CHAIR PAUL MOORE Called for a motion. MOTION AND SECONX): Commission Member Curtis Mills made a motion to approve Petition RZ07-0 10 with conditions defined by Staff. Commission Member Fred Edwards seconded the motion. VOTE: Unanimous (6-0). Motion passed and Petition with conditions was approved. CHAIR PAUL MOORE Called for discussion on the motion and there was none. CHAIR PAUL MOORE Asked Staff Robyn MacDonald to read the next application, U07-003 and VC07-007 STAFF ROBYN MACDONALD * Property located is 2540 Hopewell Road To develop a 16,728 square foot church with 199 fixed seats. Requesting a concurrent variance to reduce the 75 foot buffer and 10 foot improvement setback ta a 25 foot buffer and 10 foot improvement setback along the south and west property lines (1 2.H.3.1 .C2). Staff recommended approval ~onditionalof the use permit and denial of the concurrent variance. APPLICANT REQUESIXD A DEFERRAL OF THIS MATTER STAFF TOM WILSON * Staff supported the request for a deferral. APPLICANT JON EIUCKSON, 3160 Pleasant Hi11 Road, Duluth, GA. Requested a deferral of U07-003/VC07-007 to comply with Staffs recommendations set forth in staffs report. Believes project is an appropriate use of the property. 30-day deferral would be appropriate. Meeting scheduled with staff and Robyn MacDonald to meet with his engineering group and church for Thursday of this week. Page 8 of 15 Planning Commission Regular Meeting Tuesday, August 28,2007 GHMR PAUL MOORE Called for support, opposition or comment. JFM HAMJiTN, 1120 Kensinpton Court, Alaharetta. GA Retired civil engineer and land surveyor. Represents adjourning properly owners Tim and Becky Thompson. Feels good use of property. E Opposed to reduction of the setbacks and buffers. Concerned about a deceI Iane that fronts on their property. * Impact of potential:detention pond on their property. E Willing to work with church to mitigate these matters. CHAIR FAUL MOORE CaIled for a motion to close public hearing. MOTION AND SECOND: Commission Member Curtis Mills made a motion to close public hearing. Commission Member Paul Hackman seconded the motion. VOTE: Unanimous {GO).Motion passed. Public hearing closed. * DISCUSSION WITH APPLICANT ANXI COMMISSION ABOUT THEIR TIlEmW OF THE APPLICATION. ENCOURAGING APPLICANT TO WORK CLOSELY WITH THE DESIGN REVIEW 'BOARD'S RECOMMENDATIONS AND THE CHURCH ON ITEMS PUT FORTH BY STAFF. e COMPLY WTTH THOSE JTEMS TO ENSURE CHURCH IS AREA APPROPRIATE. CHAIR PAUL MOORE * Called for a motion. MOTION AND SECOND: Commission Member Bob Moheb made a motion to defer application far 30 days. Commission Member Paul Hackman seconded the motion. VOTE: Unanimous (6-0). Motion passed nnd U07-003NC07-007 was deferred for 30 days. CHAR PAUL MOORE Called for last item of business. STAFF ROBYN MACDONALD Under Other Business-State Route 9 Overlay District Text Amendments. * To be forwarded to City Council work session. * Majority of edits begin on page 4 or 7. Changes to next few pages. m One item on page 9. Page 9 of 15 Planning Corn mission Regular Meeting Tuesday, August 28,3007 STAFF TOM WILSON CIarification from Planning Commission about increasing landscape setback along Highway 9 to something greater than it was. COMMISSION MEMBER CARY SCJXLENKE Reiterated there was discussion. Discussion about all the landscape strips. Page 2, Development Standards,A, Landscaping 1. Discussion with staff about dedication. Requested comment from audience member, Heidi Sowder. Development on Forsyth and discussion with GRTA (Georgia Regional Transportation Authority). HEIDI SOWDER*525 Sunflower Court, Milton. GA. Development called Union Hill Township at intersection of Bethany, Morris and McCinnis Ferry (983 units and 200,000 sq. feet of commercial. Part of their recommendations included long-range fi-om GDOT that lanes would be added on Bethany Road. Stated in DRI review from Morris to State Route 9 going east and west. ADDITIONAL DISCUSSION WITH COMMISSION ABOUT DEVELOPMENT STANDARDS AND LANDSCAPE STRIPS. STAFF ROBYN MACDONALD Single family residential not in scope of the Highway 9 Overlay. * No landscape strips along single family residential -dictated by setbacks. STAFF TOM WILSON Referred Commission Members to page 1, 12G.2 first paragraph: all properties zoned or developedfor nonresidenfial and residenriui uses (except singlefamily detached dwelling units). COMMISSION MEMBER BOB MOHEB Discussion an page 8, paragraphs 15. And 16. Regarding percentage rates for brick and stone of 70% and 30%. Commission talked about 80%-20%. STAFF TOM WILSON r Thought required 25% fenestration, so 8% would be a conflict. COMMISSION MEMBER BOB MOHEB * Possible to change to 75%-25%? Local commercial developers in Highway 9 area were okay with this. a AT1 meet these standards under existing buildings currently. Page 10 of 15 Planning Commission Regular Meeting Tuesday, August 28,2007 STAFF TOM WIJLSON Would then make it non-conflicting. COMMISSION lMERlSER CARY SCHLENKE e In agreement to change to 75%-25%. COMMISSION AGREED TO CHANGE THE PERCENTAGE ON PAGE 8, PARAGMPH 15 FROM 70% TO 75%. COMMISSION AGREED TO CHANGE THE PERCENTAGE ON PAGE 8, PARAGRAPH 16 FROM 30% TO 25%. COMMISSION MEMBER CURTIS MILLS a Discussion about possible push backs. Cost factor concerns. COMMISSION MEMBER CARY SCHLENKE 12G.4, page 8, E. Building Materials and Architectural Treatments, paragraph 13. Maximum height of 30 feet for two-story building. 0-1 North of Bethany. 0 Tall buildings not desired look for MiIton. DISCUSSION ABOUT 0-1AND JiIEIGHT RESTRICTIONS FOR BUILDINGS STAFF TOM WILSON Whatever in effect when building permit is appfiedfor would follow permit through. If adopted before permit applied for building permit then would have to come back to ask for a variance if they exceeded 30 feet. ROBYN MACDONALD District standards and ordinance of city trumps anything Deerfield Owners' Association has for their design standards. LENGTHY COMMISSION DISCUSSION ABOUT TWO-STORY BUILDINGS CURRENTLY IN AREA AND TWW DEVELOPMENT J3ETGHT RESTRTCTIONS AND VARIANCES. STAFF TOM WILSON Can make this apply only to Highway 9 if that is want Commission wants. Suggested limiting to two stories and not height restriction. CHAIR PAUL MOORE Objective height or number of stories? COMIWSSXON MEMBER CARY SCHLENKE Both in her mind, especially the height. = Not so much in Deerfteld because already have buildings like Verizon, hotels and apartments. Page I l of 15 Planning Cammission Regular Meeting Tuesday, August 28,2003 CHMR PAUL MOORE e Not passionate one way or the other. e Need something in document that absoIutely defines it until it becomes unnecessary by some other work done by City Council. Need protection in the interim. BaIance by what has been done on Deefield with setbacks and landscaping. lrnportant for Highway 9 and Monis Road and Cogburn. m Two stories and 30 feet may be more appropriate for these areas. Could have petition for a variance if necessary. STAFF TOM WILSON Have opportunity to impose height restriction on any zoning that comes before Commission. Not aware of any zoning out there currently that would not to come back before Commission to be developed. Case-by-case basis to impose height and stories Iimitations. STAFJ?ROBYN MACDONALD Skinny parcels above city that is difficult to develop. 0-1 allows for up to 60 feet or 4 stories. Use permit to exceed the height limitation. Disadvantage along this area to limit height. * Need ofices to add to tax base. If height restriction, might be difftcult. e Parcels that are left over are not best parcels to build on, so need to look at height. COlWMISSION MEMBER BOB MOIiEB e Not want to deter someone from purchasing or building in area. e Potential problems on Webb Road. r Need to be more restrictive on Highway 9, Bethany and Cogbum Roads. r Leave as is on Morris and Deerfield. r Not want to see 6-story building on Webb either. COMMISSION MEMBER CARY SCHLEm a Can statement be made that there wouId be maximum of two stories with maximum height of 30 feet or higher and excIude certain roads along the highway. Exclude Deerfield and Monis. STAFF ROBYN MACDONALD Restated suggested changes: * As is with existing sentence, adding: excluding Morris Road and DeerBeld Parkwq. Page 12 of 15 Planning Commission Regular Meeting Tuesday, August 28,2007 COMMISSION MEMBER CARY SCRZIENKE Discussion about side and rear setbacks. STAFF ROBYN MACDONALD m Similar to what is done with NW Overlay District. If 4 acres -50 feet and 10 foot. e Over 4 acres -75 feet and 10 foot. m This is how it works with other overlay districts. Read to Commission: For sides on 4 meres or less, u 50 foot wide undistnrbed bugger with a JU foot improvement setback shall be locared unjncent to ail AG-I zoning districts rind nll propetties zoned?used or develop~dfor rmiderr fial uses. m Would also include multi-family uses. For sites more than 4 acres a 75 wide undisfmrbed Buffer rrnd 10 food improvemnt serhack shnlf be located fldjacenl to all AG-I zoning disfricfs and all properties zoned, used or developedfor residential scsgs. COMMISSION MEMBERS STATED THEY WERE OKAY WITH THIS. STAFF ROBYN MACDONALD m 12G.4, page 2, Development Standards, after A. Landscaping, add a letter B. Buffem STAFF TOM WTLSON a Make B. UndisturbedNatural Bufler. * PLANNING COMMISSION STATED THEY WERE GOOD WITH WAY STATE ROUTE 9 OVERLAY DISTRICT WAS WRITTEN WITH CHANGES. STAFF TOM WILSON * Need a motion to transmit to this to the Community Development Department as a text amendment and need to vote to do so. Community Development will bring it back to PC and then it goes to City Council. MOTION AMI SECOND: Commission Member Paul Hackman made a motion to to transmit the State Route 9 Overlay District document with changes to the Community Development Department. Commission Member Bob Moheb seconded the motion. VOTE: Unanimous (6-0). Motion passed. Page 1 3 of 15 Planning Cammission Regular Meeting Tuesday, August 28,2007 CHAIR PAUL MOORE * Called for further discussion. DISCUSSION ABOUT LETTER TO CITY COUNCIL ABOUT THE CRABAPPLE CROSSROADS OVERLAY DISTRICT. STAFF TOM WILSON * Need to get letter on agenda. Review the letter. * Make a motion to pen the letter on behalf of the Planning Commission. * If letter is going to be sent representing Planning Commission, it requires a majority vote of the PC. You can do individual letters with individual signatures.-To have the weight of the Planning Commission, it has to be a vote and action by the PC. Any changes that may come out of this process will come back to PC for recommendation before goes to City Council for a vote. STAFF TOM WILSON Read letter aloud: Dear Comcilmembers, It has come to the ab6ention of the PJming Commission that there is funding for a trmc stu+ fur the Crabapple Crossroads Overlay District. In ow role as the Planning Commission,we would ask thefollowing with regard to the stu& fthe Council chooses to implement it. I) Any study regarding the CrahappEe Crossroads Overly District should Be joined with the current evolving process of the Comprehensive Land Use Plan. 2) There should not be separate independenfprocesses occurring at she same time.The trimsporraiion/~aflcstudy fo~the Crabapple Crossroads Overlay Disirict shouldfocus onlry on transprtafionfraflc issues. 3) i%e tr~nsportation/fr~fJ;cstudy should come before the PIanning Commi~sionfor hearing and recommendations to the City Comcil are a structure process criteria wed in approval/dmiaZ. 4) Any revision to the Crabapple Crossroads Overlay Disrrict Guidelines shouM be the resuZf ofa comprehensive Iook at the plan and its place in the overall Comprehensive Land Use Planfor the Cidy of Milton. Sincerely, The City of MIfonPlanning Commission PLANNING COMMISSION PURPOSE OF LETTER WAS TO MAKE INTENTIONS CLEAR FOR USE. FOR TRAFFIC AND TRAFFIC ONLY. Page 14 of 15 Planning Commission Regular Meeting Tuesday, August 28,2007 ROLLED INTO THE COMPREHENSIVE LAND USE PLAN IN APPROPRIATE TIMEFRAME. DISCUSSION CONTDKED AFTER MEETING ADJOURNED. ADJOURNMENT MOTION AND SECOND: Commission Member Fred Edward made a motion to adjourn the meeting. Commission Member Paul Hackman seconded the motion. VOTE: 6-0 in favor to adjourn meeting. Motion passed. Meeting adjourned at 9:00 P.M. Planning Commission City Clerk's office Page 15 of 15