Loading...
HomeMy WebLinkAboutMinutes - PC - 11-27-2007 MINUTES City of Milton Planning Commission Regular Meeting November 27, 2007, 7:00 PM This summary is provided as a convenience 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, Bob Moheb, Fred Edwards, George Ragsdale Meeting Leader/City Staff: Robyn MacDonald, Community Development Mike Tuller, 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 conditions and statement of the Board 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. He also explained that the City has new Public Comment Cards and how they are to be completed. He also 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. UNAPPROVED DRAFT Planning Commission Regular Meeting Tuesday, November 27, 2007 PLANNING COMMISSION AGENDA Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation I. Invocation II. Call to Order III. Pledge of Allegiance IV. Public Comment V. Approval of Minutes Minutes from the October 23, 2007 Planning Commission Meeting Approval VI. REZONINGS New A. RZ07-011 To rezone from C-1 (Community Business) and O-I (Office-Institutional) to O- I (Office-Institutional) to develop a 140,000 square foot office building with a maximum height of 4 stories CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional B. RZ07-018 U07-009 VC07-010 To rezone from C-1 (Community Business) and O-I (Office-Institutional) to C- 1 (Community Business) to develop a 5,700 square foot retail commercial building and a Use Permit (Article 19.4.41(1)) for a 3 story (less than 60 feet) 110,000 square foot climate controlled self storage facility and a 2-part concurrent variance to 1) To locate the refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands every 11TH space instead of every 5TH space (Article 4.23.2). CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional Approval Conditional Denial- Parts 1& 2 C. RZ07-019 U07-010 VC07-011 To rezone from C-1 (Community Business) to O-I (Office-Institutional) to develop 23,000 square feet of office. The applicant is also requesting a Use Permit to exceed the district height, Article 19.4.21, to allow the building to be constructed at a maximum height of 70 feet that includes an underground garage and 3 stories of office. To request a 3-part concurrent variance to 1) To reduce the side CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional Approval Conditional Approval Conditional Parts 1-3 UNAPPROVED DRAFT 2 Planning Commission Regular Meeting Tuesday, November 27, 2007 Agenda Item Description Meeting Dates** Staff PC Recommendation Recommendation setback from 20 feet to 15 feet along the north property line (Article 8.1.3.C.); 2) To reduce the 25-foot non-impervious buffer, to allow approximately 6,010 sq.ft. of encroachment to allow parking on pervious pavement(City Code Chapter 14, Sect.6.5.(i); 3)To reduce the 50-foot undisturbed stream buffer to allow approximately 675 sq.ft. of encroachment to allow parking on pervious pavement (City Code Chapter 14, Sect 6.5 (ii)). VII. USE PERMITS New A. U07-006 VC07-013 To request a Use Permit (Article 19.4.27) For a 1,890 sq. ft. existing building for a landscape business and a 3- Part Concurrent Variance to 1) Reduce the 50-foot setback to 40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 50- foot buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along the east property line (Article 12.H.C.1) and 3) Reduce the 50-foot buffer and 10-foot improvement setback to a 15 foot landscape strip planted to buffer standards along the south property line. (Article 12.H.C.1) CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional Approval Conditional – Part 1 DENIAL – Parts 2 & 3 B. U07-007 VC07-012 To request a Use Permit (Article 19.4.3) For Agricultural Related Activities to add a 3,240 sq.ft. training building and to request a 3-part concurrent variance to use the existing parking area within the 100 – foot setback near the west property line (Article 19.4.3.13.4); 2) To increase CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Deferral for 30 Days UNAPPROVED DRAFT 3 Planning Commission Regular Meeting Tuesday, November 27, 2007 Agenda Item Description Meeting Dates** Staff PC Recommendation Recommendation the maximum building setback from 20 feet to 250 feet for the new building (Article 12h.3.5.C.1); 3) To allow parking between the existing buildings and the street (Article 12H.3.5.F.3) VIII. TEXT AMENDMENTS Deferred A. RZ07-017 Zoning Ordinance to delete 19.3.1 Alternative Antenna Support Structure to exceed the District Height. Amend 19.3 & 19.4 to reflect the City of Milton MCC Work Session – 10/11/07 PC-11/27/07 MCC- 12/13/07 Approval IV. TEXT AMENDMENTS New A. RZ07-021 To adopt the Telecommunications Ordinance as Article 17 of the City of Milton Zoning Ordinance MCC Work Session- 10/11/07 PC-11/27/07 MCC- 12/13/07 Approval XI. ADJOURN CHAIR PAUL MOORE • Called for public comment on any topic that was not being addressed by the formal agenda. • No public comment. MOTION AND SECOND: Paul Hackman made a motion to close public comment. Fred Edwards seconded the motion. VOTE: 7-0. Motion passed unanimously and public comment was closed. APPROVAL OF MINUTES MOTION AND SECOND: Fred Edwards made a motion to approve the October 23, 2007 meeting minutes. Paul Hackman seconded the motion. Vote: 7-0. Motion carried unanimously to approve the minutes. APPROVAL OF THE AGENDA Noted that the Dennis Potts sewer case was removed from the agenda. UNAPPROVED DRAFT 4 Planning Commission Regular Meeting Tuesday, November 27, 2007 CHAIR PAUL MOORE: • Asked Staff Robyn MacDonald to call the first agenda item. STAFF ROBYN MACDONALD: • First case was RFZ07-011. • Read the intent to rezone to C-1 Community Business and O-I (Office and Institutional) to O-I. • Develop a 140,000 square foot office building with a maximum height of 4 stories. • Proposal is for 75% for offices and 25% for medical offices. • Site south of Webb Road and North of SR 9. • Staff's opinion that proposed use may cause increased burden on streets, transportation facilities and utilities. • Should be mitigated with Recommended Conditions. • Staff recommends Approval Conditional of RZ07-011 with a height limit of two stories. • Read hydro and transportation conditions that were added to new package. • Page 16, 4, b, ii. (delete Cumming Hwy. and State Route 9 - Webb Road okay). • Page 16, 4, b, iii. - (delete entire paragraph). • Page 17, 4, c, i. (delete entire paragraph). • Page 17, 4, d, iii. (delete entire paragraph). • Regarding reasons for deletion of i., driveway will remain, but not a public road. COMMISSION DISCUSSION ABOUT REASONS FOR CHANGES REGARDING BIKE LANES. JIM SEIBA: • Reason is for uniformity. • Will take design effort. • Requirement for right-of-way. • Conditions include distances behind curb for construction. ROBYN MACDONALD • Sidewalks will remain. • Will address the same changes in other packages as we go along. CARY SCHLENKE: • Intention of Bike-Ped Committee to have bike paths on just one side of road? STAFF MIKE TULLER: • Recommendation for bike lanes - 5 feet wide on both sides of roadway. • Sembler project to north going in. UNAPPROVED DRAFT 5 Planning Commission Regular Meeting Tuesday, November 27, 2007 • Sembler can put in that bike lane section as part of project. • Project tonight curb and gutter already in place. • Different situation. • Potential project to put in 4 lane divided median section along SR9. • Project likely to happen concurrently with the retro-fitting of the bike lanes, trails and sidewalks as one large project. CARY SCHLENKE: • Question about funding for the trail system project. STAFF MIKE TULLER: • Not one of the highest priority areas by Bike-Ped Committee. • Focused more on city roads. • Can as a body recommend donations be placed as relates to frontage along SR9 to the Bike-Trial fund. • City Council can potentially endorse that. • Staff did not put in recommendations, but you can. • City Engineer would determine an amount of money reasonable for cost to build structure at a later date. CARY SCHLENKE: • Land in front of Mr. McMillan's project was going to be redone to have entrance moved down. • Entrance going to be moved? ROBYN MACDONALD: • The rezoning does not front on SR9, just the access. • If signal is warranted a little to north of Devine Way, he needs to relocate entrance. GEORGE RAGSDALE: • How does the old zoning previously approved apply to this property? ROBYN MACDONALD: • The recent one is C-1. • O-I is triangle piece. CHAIR PAUL MOORE: • Called for petitioner to come forward. APPLICANT JOHN MCMILLAN, 14255 Thompson Road, Milton, GA (Rz07-011). • High quality of life with least possible development. • No more multi-family. • Part of Milton area since 1990. UNAPPROVED DRAFT 6 Planning Commission Regular Meeting Tuesday, November 27, 2007 • Land they purchased zoned C-1. • Front conditioned to retail and rear conditioned to two-story office with basement. • Was no height limitation. • Two story with basement. • People welcomed retail and office. • Did not want multi-family. • Asking for one more story than what currently have. • Need height to make full scale modern office. • Built buildings using brick. • Something for long term addition to the city. • Only few sites left along SR9 and Deerfield that accommodate office buildings. • Want to make this project a Class-A office building to attract nice corporate tenant. • Prominent visibility from intersection of SR9 and Windward Parkway. • 15 feet above top of the existing Kroger. • 35,000 square foot footprint. • Allows larger office tenants to occupy a single floor. • Preservation of a tremendous tree save area. • Screening done. • Researched zonings in area. • No rezonings that asked for 4-stories that were denied or accepted at lower level. • Trying to keep with development in area. • Conforms to Mega Corridor provisions that ARC has designed that area as and recommends 2-4 story buildings. DISCUSSION WITH COMMISSION AND APPLICANT REFERENCING SITE PLAN MAP. CHAIR PAUL MOORE: • Called for opposition. KIM HORNE, 415 Wade Green Court, Milton, GA (opposition): • Believes 4 stories are inconsistent with board policy. • Requested Commission support Staff's recommendation to limit building to two stories or no more than 30 feet. • Concerns about density. • Reduce density to fit proportionately with two stories versus 4. CHAIR PAUL MOORE: • Asked for further comment. • There was none. • Called for motion to close public comment. UNAPPROVED DRAFT 7 Planning Commission Regular Meeting Tuesday, November 27, 2007 REBUTTAL BY JOHN MCMILLAN: • Showed Commission elevations on site plan map. MOTION AND SECOND: Paul Hackman made a motion to close public comment. Fred Edwards seconded the motion. VOTE: 7-0. Motion carried unanimously. CHAIR PAUL MOORE: • Called for additional questions. GEORGE RAGSDALE: • Approved O-I and C-1. • Approved two stories. • Height limitation under zoning ordinance at that time? ROBYN MACDONALD: • Called out two stories, not basement. • O-I is 60 feet. CURTIS MILLS: • Grade consideration. • Question about height at 30 ft. above or two stories relative to Kroger. CARY SCHLENKE: • Asked for grade numbers at back of Kroger and number at current site. APPLICANT JOHN MCMILLAN: • Referenced from map - 1,100 and site goes down 10 additional feet. • Approximately 1,090. • Visibility is 15 feet above Kroger. COMMISSION DISCUSSION ABOUT GRADES. CHAIR PAUL MOORE: • Is design for a particular tenant? • Also tree save area. • Specimen trees shown on site. APPLICANT JOHN MCMILLAN: • No specific tenant at this time. • Have talked to an insurance-type business. • 50 ft. of property is area around creek on each side. • 100 foot undisturbed area. • 25 ft. on each side. UNAPPROVED DRAFT 8 Planning Commission Regular Meeting Tuesday, November 27, 2007 • 150 total feet undisturbed. • Can save one specimen tree. • Would like to remove sweet gum that is a problem. • Possible relocation. • Try to save as many as possible. • Do plan to cooperate with recompense. GEORGE RAGSDALE: • Why basement eliminated in currently plan? APPLICANT JOHN MCMILLAN: • Nicer look to have true 4-story building. • Want to have a Class-A look. • More difficult to do with a basement. BOB MOHEB: • Question about elevation. • Opposition raised issue. • If approved for 3 stories with basement, would be below Kroger? APPLICANT JOHN MCMILLAN: • Below or equal to Kroger. • 15 feet above ground now. CURTIS MILLS: • Question of applicant regarding intended use. • If approved for all 4 stories, intent to lease to a single tenant? • If two floors were approved would change intended use to have less capacity but same type use? APPLICANT JOHN MCMILLAN: • Multi-tenant. • Perhaps 2-4 tenants. • Would have to rethink to see how that would impact the project. CHAIR PAUL MOORE: • Asked opposition if her concern was the density? KIM HORNE: • Stated affirmatively. UNAPPROVED DRAFT 9 Planning Commission Regular Meeting Tuesday, November 27, 2007 GEORGE RAGSDALE: • Density is number of sq. ft. per acre. • Are you objecting to that? KIM HORNE: • Asking for 140,000 sq. ft. • If goes down to 2 stories, where will that go? • Would not be able to meet buffers. BOB MOHEB: • Asked Robyn to explain mega corridor to Commission. • Keep traffic off of the existing congested highways. MIKE TULLER: • Explained Mega Corridor Plan to Commission. • Preservation and development of primary arterial corridors along Regional Strategic Transportation System. • Define areas transit oriented. • SR9 is designated as part of RSTS designation or Mega Corridor. • Helps promote funding for livable centers initiative, highway funding along Hwy. 9. • Works as just a guideline. CHAIR PAUL MOORE: • Other than height restriction would you be compliant with all other provisions? APPLICANT JOHN MCMILLAN: • Talked about bio-retention area. • Live plants for sheltering. • Need to put some split-faced blocks in bottom of pond. • Earthen around top and split-faced blocks in pool that holds water. • Have a live fountain feature if possible. • Will get with staff further on this. STAFF JIM SEIBA: • Can work with applicant on that. GEORGE RAGSDALE: • Discussion about Staff's Recommendations. • Density limitation. UNAPPROVED DRAFT 10 Planning Commission Regular Meeting Tuesday, November 27, 2007 ROBYN MACDONALD • Applicant has room to spread out his building to East and reconfigure it. • Has to keep building in his particular land lot to have sewer. • Could reduce parking. CURTIS MILLS: • Discussion about transition fact. • Question whether applicant talked with folks at The Preserve about project. • Applicant's take on transition. • Reason for non-attendance at DRB meeting. APPLICANT JOHN MCMILLAN: • Showed Commission buffer screens from site plan map. • The Preserve had some concerns about traffic issues. • Meeting set up with The Preserve people to visit their issues. • Meeting for neighborhood as well about their concerns. • Not aware of DRB date due to several changes. • Willing to take the suggestions of the DRB. CARY SCHLENKE: • Had requested a topo map. • Would like to review that map. • Asked about location of detention of project site. • Reviewed with applicant from site plan map. APPLICANT JOHN MCMILLAN: • Currently have a temporary site for detention. • Will have a new location. JIM SEIBA: • If have a temporary pond, will have to provide underground piping under parking lot into new pond. • Will have to redo hydrology study for total site and comply with current laws. CARY SCHLENKE: • Biggest concern with project and height of 4 stories is the transition. • Not comfortable with the height off of the main corridor. • Perhaps use different configuration to get more square footage but less height. UNAPPROVED DRAFT 11 Planning Commission Regular Meeting Tuesday, November 27, 2007 APPLICANT JOHN MCMILLAN: • Can possibly spread out and make office condos like done at Bethany. • Trying to do what looks best and is best for the city. • Surrounded by large buildings like Kroger and Fryes. • Want elevation to be seen from intersection of SR9 and Windward Parkway. CHAIR PAUL MOORE: • Applicant to make courtesy visit to the DRB. • Struggling with height. BOB MOHEB: • City regulations for O&I called for more than 4 stories. • Want to draw big companies with the CEOs and Presidents and Vice Presidents. • They will want the types of house being built in Milton. ROBYN MACDONALD: • 60 feet or 4 stories. CURTIS MILLS: • Currently no lack of opportunity for large anchor fortune 500 companies. COMMISSION DISCUSSION ABOUT HEIGHT OF BUILDING. ROBYN MACDONALD: • Commissioner Ragsdale was correct regarding density - 15,076.45. • When go down in zoning can reduce the amount of acreage. • Took away acreage of the Devine Way. • Would have had to provide a landscape strip to his own property. • It already has a frontage on Webb Road. • As long as acreage does not increase for the request. • Still legal advertising of property. GEORGE RAGSDALE: • Biggest issue Commission seems to have is the height. MOTION AND SECOND: George Ragsdale made a motion to move this forward and to approve the rezoning from O&I and C-1 to all O&I with a density of 14.5 per acre which staff recommended and which was originally approved for the C-1 district in prior zoning. Also to limit height of development to be no taller than the existing Kroger. Bob Moheb seconded the motion. UNAPPROVED DRAFT 12 Planning Commission Regular Meeting Tuesday, November 27, 2007 DISCUSSION: CARY SCHLENKE: • Question about height of Kroger. • Different peaks. CHAIR PAUL MOORE: • We have a standard that is set for a reason that falls out at 2 stories. • Concerned about providing subjectivity. • Two stories with a cap. • Suggest with comply with Staff's recommendation of 2 stories, 30 feet from average grad. GEORGE RAGSDALE: • 60 foot cap is what applicant was approved for. CURTIS MILLS: • Uncomfortable with the arbitrary unmeasured height limit. CARY SCHLENKE: • Looking at site plan map cannot tell height of Kroger. • Uncomfortable with arbitrary number as well. VOTE: 4-3. Bob Moheb, George Ragsdale and Fred Edwards for and Paul Moore, Curtis Mills, Cary Schlenke and Paul Hackman against. Motion failed. CURTIS MILLS: • Make another motion. MOTION AND SECOND: Curtis Mills made a motion that Staff's recommendation be following and approve RZ07-011, conditional with a height limit of 2 stories and the remaining specific conditions as modified by Staff and an additional condition for a courtesy visit to the DRB prior to moving forward or as soon as possible. Paul Hackman seconded the motion. MOTION AND SECOND: BOB MOHEB: • 2 stories do not include the basement. ROBYN MACDONALD: • 2 stories and 30 feet above grade? CURTIS MILLS: • 2 stories and 30 feet above grade specifically mentioned in 1(d) on page 15. UNAPPROVED DRAFT 13 Planning Commission Regular Meeting Tuesday, November 27, 2007 GEORGE RAGSDALE: • Site plan approved? ROBYN MACDONALD: • Yes. • No total height in feet - just 2 stories. GEORGE RAGSDALE: • Only objection is not 2 stories but height limitation. VOTE: 4-3. Paul Moore, Cary Schlenke, Curtis Mills and Paul Hackman for the motion. George Ragsdale, Bob Moheb and Fred Edwards against. Motion carried. CHAIR PAUL MOORE: • Requested Staff call next case, RZ07-018. ROBYN MACDONALD: • Petition to 5,700 square foot restaurant. • Use Permit for a 3 story less than 60 feet 110,000 square foot climate controlled self-storage facility and a 2-part concurrent variance to relocate the refuse area adjacent to the street. • To allow parking islands every 11th space instead of every 5th space. • Site located SW corner of Webb Road and SR Road. • Currently zoned C-1 and O-I. • Requested height is not suitable in view of adjacent property based on current policy. • Read Plan Policies. • Staff recommends approval of building conditional to 2 story height restriction. • Staff recommends denial of Part 1. • Staff recommends denial of Part 2. • Read some condition changes: b(2)-strike completely. In b(3)-change wording to read at least 5 feet of right of way and instead of and replace it with for future construction. STAFF JIM SEIBA: • Study to be done at intersection where new Super Target is going in. • Possibility of entire intersection being re-striped. GEORGE RAGSDALE: • Clarification of height of building. ROBYN MACDONALD: • 3 Stories with a basement. UNAPPROVED DRAFT 14 Planning Commission Regular Meeting Tuesday, November 27, 2007 CHAIR PAUL MOORE: • Called applicant to present case. APPLICANT KEN MORTON, 14732 Taylor Valley Way, Milton, GA. • Present with Terry Holman, his business partner. • Total acreage of project is about 5.4 acres. • Restaurant to go in on corner. • Next to restaurant is self-storage. • Office is part of 5 acres. • Originally purchased for retail. • Wanted to see what would work best for area. • Felt climate storage facility best use for the rear out parcel. • Has low traffic volume. • Only 8-10 cars per day coming to facility. • Low sewer volume. • Only 2 restrooms in entire facility. • High security. • Regular business hours. • Thought about 4 stories and then thought 3 could work. • Parking spaces for restaurant they can deal with. • Dumpster enclosure location is difficult but willing to work on that. • Height of building ceiling to floor approximately 10 ft. 8 inches. • Height of building is at 36 feet 4 inches along Webb Road. • Height of building along Hwy. 9 is about 30 feet. • Would like to work with Sembler on traffic signal at that intersection. • Do need additional restaurant parking spaces. • Have letter from DOT giving permission for separate driveway access. • Showed storage building being proposed from site plan. NO FURTHER DISCUSSION, OPPOSITION OR REBUTTAL. CHAIR PAUL MOORE: • Called for a motion to close public comment. MOTION AND SECOND: Cary Schlenke made a motion to close public comment. Fred Edwards seconded the motion. VOTE: 7-0. Motion passed unanimously and public comment was closed. PAUL HACKMAN: • Question about 36 feet. DISCUSSION WITH COMMISSION AND APPLICANT FROM SITE PLAN. UNAPPROVED DRAFT 15 Planning Commission Regular Meeting Tuesday, November 27, 2007 PAUL HACKMAN: • Any possible tenants for restaurant? APPLICANT KEN MORTON: • Quality sit down type restaurant. • Longhorns or specialty types, not chains. CURTIS MILLS: • If Staff's recommendations were followed, how would 2 stories versus 3 affect feasibility of your space? • Was below grade basement type levels an option? APPLICANT KEN MORTON: • Would be very difficult. • Would not be able to have rents at price that would allow raising rents to offset difference. • Want to keep as far away from SR9 that it already is. • May not be able to go forward. • Do have one basement level. • Not want to worry about getting into ground water. FRED EDWARDS: • Type of spaces to be provided in storage units? • How will public service units? • No space for outside boats, etc.? APPLICANT KEN MORTON: • Partitioned with metal and rollup or walk in doors. • 5 x 5, 5 x 10, 10 x 15, 10 x 20 or 10 x 30. • Public will service units by 2 freight elevators. • Will unload in front under a canopy. • Walk into first level or to an elevator. • No outside storage areas. BOB MOHEB: • Will U-Haul trucks be rented and parked in front of building? • Will facility be storage and U-Haul rentals? APPLICANT KEN MORTON: • Is an option. • Probably not at this facility as not a good location for it. • If so, put into an area that could be landscaped and not visible from street. • Want to maintain level of excellence. UNAPPROVED DRAFT 16 Planning Commission Regular Meeting Tuesday, November 27, 2007 TERRY HOLMAN (FOR APPLICANT), 272 Bakers Mill Road, Dacula, GA: • Will have a truck available to borrow for tenants as needed at no charge. • Within a 5 mile radius. • Will have some advertising on it, but it will not be parked out on the street. • Build some type of screening around it. APPLICANT KEN MORTON: • We own property next door so could park rental truck there. • Not getting into U-Haul rental business. • Will have to put dumpster facility there for restaurant as well. • Referenced location on site plan for Commission. GEORGE RAGSDALE: • Asked about Phase II. APPLICANT KEN MORTON: • Phase II is office condominiums to be put on remaining O&I property. ROBYN MACDONALD: • There is current zoning for office space. • Requesting higher height. • Need to come in for rezoning for higher height. • Concurrently did a zoning modification for back piece for office. • Done incorrectly because zoning was for 2 stories and was requesting 3 stories. • Would be able to park his truck on other property. • Everything with zoning stays with land and not property owner. • CURTIS MILLS: • Asked applicant if okay with condition of no U-Haul rentals. APPLICANT KEN MORTON: • Stated he would be okay with that stipulation. CARY SCHLENKE: • Uses of storage space. • Can use as office space. • Storage of goods to move in and out. • Stipulation in lease about how much time tenant can spend at location? • Would not have problem with this condition? • Rodent control question. UNAPPROVED DRAFT 17 Planning Commission Regular Meeting Tuesday, November 27, 2007 APPLICANT KEN MORTON: • Not be used as office use or rental. • Not limit tenants on how often they can come and go. • Typically tenants do not come in for months on end. • Low traffic volume. • Have on-site staff to monitor. • Will be provided in lease agreement. • Will have pest control. GEORGE RAGSDALE: • Question about language of 12G. • Is location of refuse area or refuse container itself? COMMISSION DISCUSSION ABOUT REFUSE CONTAINER AND LOCATION. APPLICANT KEN MORTON: • Difficult task. • Struggled on where to put enclosure because of narrowest of lot. • Probably access through office condominium but keep dumpster on backside of building. CARY SCHLENKE: • Question about getting garbage truck back there. • Would it be in conflict with office condos being proposed? APPLICANT KEN MORTON: • Drives would work out. • Not going to back building up to that. ROBYN MACDONALD: • Asked for variance because people would see trucks coming in and out from street. GEORGE RAGSDALE: • From aesthetic standpoint building looks better without 3rd story. • Question about building height measurements. • Parapets and screening for air-conditioners. COMMISSION DISCUSSION WITH APPLICANT ABOUT BUILDING HEIGHT MEASUREMENTS. UNAPPROVED DRAFT 18 Planning Commission Regular Meeting Tuesday, November 27, 2007 GEORGE RAGSDALE: • How much on sq. footage basis of footprint per floor is storage and other things? • Compliance with fire codes. APPLICANT KEN MORTON: • 80% actual rental sq. footage. • 20% hallways, staircases and office space. • Fire Marshall requires access points around the building for emergency exits. COMMISSION DISCUSSION WITH APPLICANT ABOUT OTHER STORAGE FACILITIES BUILT IN OTHER LOCATIONS. PAUL MOORE: • Question for Staff about restaurant use under current and proposed zoning. • Any restriction regarding fast food versus other chain-type restaurants. • Would applicant have problem excluding fast food facility? ROBYN MACDONALD: • Currently zoned C-1. • Not sure what site plan was approved as or if conditions excluded fast foods. • You could put a condition to exclude fast food restaurants. • Intention is for site-down restaurant. APPLICANT KEN MORTON: • Do not know if we can commit to that right now. TERRY HOLMAN (for applicant): • Would have to put two at the location but have no intention to do so. • Do not know what tenants currently interest in location. GEORGE RAGSDALE: • Problem with definition of fast food restaurant. • Do not want to go down that road. ROBYN MACDONALD: • Difference between commercial and restaurant. • Restaurant requires 10 parking spots for 1,000 sq. feet versus 5. CARY SCHLENKE: • Question about emergency vehicle and how to get in back of building. UNAPPROVED DRAFT 19 Planning Commission Regular Meeting Tuesday, November 27, 2007 APPLICANT KEN MORTON: • Architect has already met with Fire Marshall about requirements. • Not aware of any violation. CURTIS MILLS: • Concerns about two applicants not attending Design Review Board meetings. ROBYN MACDONALD: • Sometimes miss because of long periods in between rescheduling. GEORGE RAGSDALE: • How to define a story? CARY SCHLENKE: • Question about height of each floor. APPLICANT KEN MORTON: • Each floor is 10 ft. 8 inches with parapet at top to block a/c unit view. • 36 ft. 4 inches. COMMISSION DISCUSSION WITH APPLICANT FROM SITE PLAN. ROBYN MACDONALD: • Read definition of story to Commission. GEORGE RAGSDALE: • Feasibility of having storage units around perimeter of building. • Perhaps each level access by catwalk outside of each storage unit. PAUL HACKMAN: • Current zoning allow for restaurant and what kind now? APPLICANT KEN MORTON: • Was previously zoned for restaurant. ROBYN MACDONALD: • Would have to review conditions of zoning for any exclusions of fast food. • Could have fast food restaurant without a drive-thru. • Could make that a condition. PAUL MOORE: • Lot of discussion in community about resistance to fast food restaurant. UNAPPROVED DRAFT 20 Planning Commission Regular Meeting Tuesday, November 27, 2007 BOB MOHEB: • How critical for 2 curb cuts on Webb? APPLICANT KEN MORTON: • Very critical. • Important for long stretch to get people in and out. COMMISSION DISCUSSION WITH APPLICANT ABOUT CURB CUTS REFERENCING SITE PLAN. CARY SCHLENKE: • Concern about volume of traffic in fast good setting. • Question about footprint of storage facility. APPLICANT KEN MORTON: • Has to do with amount of parking. • We do not need much parking. • Gone above and beyond adding an additional 10 ft. landscape strip between climate storage building and restaurant. • Entrance past light is approximately 200 feet. COMMISSION DISCUSSION WITH APPLICANT ABOUT ENTRANCE TO FACILITY. ROBYN MACDONALD: • Read conditions regarding fast food establishment. • Did not exclude any type of restaurant. • Would have to go for modification if applicant switched out sq. footage between two buildings. ADDITIONAL COMMISSION DISCUSSION WITH APPLICANT ABOUT NUMBER OF STORIES FOR STORAGE BUILDING. APPLICANT KEN MORTON: • 36 feet is what is needed. • Not a daylight basement. • Along Hwy. 9 is 24 feet. • Remainder is 36 feet. • Discussion with Commission referencing site plan showing elevations. UNAPPROVED DRAFT 21 Planning Commission Regular Meeting Tuesday, November 27, 2007 CURTIS MILLS: • Letter received from Regency at Windward. • Asked Staff where they were located on site plan. • Only issue was facing Webb. • If storage facility was 2 above and a basement floor or more would that kill project for you? APPLICANT KEN MORTON: • Received email late this afternoon. • Will be happy to speak to him. • Perhaps could try to increase some sq. footage and move project up closer to SR9 and take away from restaurant. • This could complicate matters regarding that. • Without running numbers could not answer that. • If you kill an entire floor below 80-90 thousand sq. ft. threshold, yes it could. CARY SCHLENKE: • Appears vague as to what your sq. footage or number of spaces were in the building. • Likes rendering and design of building. • Trouble transitioning out of Hwy. 9 into large building taking the whole footprint at that height. TERRY HOLMAN (for Applicant): • When priced, all based on sq. footage. CURTIS MILLS: • Does Commission have leverage to restrict now for fast food type usage? • Do not need more fast food establishments in area. • Community does not want this. • Already zoned for general restaurant. ROBYN MACDONALD: • Problem defining fast food. • Sembler wants to do fast food but there is no drive-thru. • Einstein Bagels is technically a fast food establishment. • Under the general commercial zoning they could put a McDonald's. CARY SCHLENKE: • Thought Sembler piece was restrictive. UNAPPROVED DRAFT 22 Planning Commission Regular Meeting Tuesday, November 27, 2007 CHAIR PAUL MOORE: • Could we now put a new restriction? • We have to uphold the overlay and the protections for the community. • Staff's recommendations also include relocation of dumpster. ROBYN MACDONALD: • Could restrict drive-thru. • There were no previous fast food restrictions. • Applicant could withdraw variance and he could relocate it in accordance with ordinance. • Same applies to parking variance. CHAIR PAUL MOORE: • Asked applicant if willing to withdraw VC07-010 variances as part of this application. APPLICANT KEN MORTON: • Applicant stated he was. MOTION AND SECOND: Chair Paul Moore made a motion to approve conditional RZ07-018 per Staff's recommendations, that we approve conditional U07-009 per Staff's recommendations, and that we restrict the restaurant parcel to no fast food and no drive-thru type restaurants. Also that we are restricting to two stories and 30 feet in height to the eve and also no truck rental business on site, no business will be operated as part of the storage facility other than that pertaining to storage and no secondary business of any kind operated in that storage area and no storage outside of the units. No campers, boats, trailers, etc. That regarding VC07-010 Parts 1 and 2, Planning Commission recommends withdrawal. Paul Hackman seconded the motion. DISCUSSION: GEORGE RAGSDALE: • Confirmed with applicant that he was okay with withdrawing the variance requests. • Do not see the height issue is biggest issue. APPLICANT KEN MORTON: • Understands denied the two variances. • Also limited to two stories. • Also added restaurant restriction of no fast foods. • It is difficult because we are leaving with even less. • Tried to do everything we could. • Requested lenience of using up the 36 feet need to make project viable. • There is some buffer area between their property and referenced neighborhood. UNAPPROVED DRAFT 23 Planning Commission Regular Meeting Tuesday, November 27, 2007 CURTIS MILLS: • Place lot of weight of neighbor comments. • Suggest applicant talk with Mr. Yancey before City Council meeting. COMMISSION DISCUSSION ABOUT WITHDRAWAL OF VARIANCES. CHAIR PAUL MOORE: • Mr. Morton was willing participation when motion was made to withdraw variances. • Motion currently states applicant is willing participant to withdraw his variances. • As gesture of goodwill recognize as motion was read perhaps more restrictive than he expected. • If motion moves forward and fails, another motion will be put forward. • Going to recommend denial of Parts 1 and 2. • Difference is willingness to withdraw or proposal that it be denied. • Trying to follow all the rules and procedures. • Asked applicant was okay with motion as it stands before voting. APPLICANT KEN MORTON: • Need to make up somewhere so need to keep variances in place as they stand. • Better for us to say would not support withdrawal of two variance. VOTE: Motion failed 7-0. CHAIR PAUL MOORE: Restated the motion: Motion stands as above stated with exception of the addition that the planning commission recommends denial of parts 1 and 2 of VC07-010. Bob Moheb seconded the motion. VOTE: 5-2 with George Ragsdale and Fred Edwards opposed. Motion carried. BOB MOHEB: MOTION AND SECOND: Bob Moheb called for a 5 minute recess. Seconded by Cary Schlenke. VOTE: 7-0. Meeting recessed at 10:17 p.m. CHAIR PAUL MOORE: MOTION AND SECOND: Chair Paul Moore reconvened the meeting. Seconded by Paul Hackman. VOTE: 7-0. Meeting reconvened at 10:25 p.m. UNAPPROVED DRAFT 24 Planning Commission Regular Meeting Tuesday, November 27, 2007 CHAIR PAUL MOORE: • Made statement to audience there was an oversight regarding an item on the Agenda, U07-007; V07-012. • Had been deferred for 30 days and applicants claim they were not notified of the deferral and had been waiting. • Provided those who came to be heard regarding case opportunity to speak. • Alternatively provided the preparation that Staff had for them to take with them until case could be heard again. • Apologized for oversight. CHAIR PAUL MOORE: • Asked Staff to call next case. ROBYN MACDONALD: • Read next case, RZ07-019. • To rezone from C-1 (Community Business) to O-I (Office-Institutional) to develop 23,000 square feet of office. • The applicant is also requesting a Use Permit to exceed the district height, Article 19.4.21, to allow the building to be constructed at a maximum height of 70 feet that includes an underground garage and 3 stories of office. To request a 3-part concurrent variance to 1) To reduce the side setback from 20 feet to 15 feet along the north property line (Article 8.1.3.C.); 2)To reduce the 25-foot non-impervious buffer, to allow approximately 6,010 sq. ft. of encroachment to allow parking on pervious pavement(City Code Chapter 14, Sect.6.5.(i); 3) To reduce the 50-foot undisturbed stream buffer to allow approximately 675 sq. ft. of encroachment to allow parking on pervious pavement (City Code Chapter 14, Sect 6.5 (ii)). • To request a Use Permit (Article 19.4.27) For a 1,890 sq. ft. existing building for a landscape business and a 3-Part Concurrent Variance to 1) Reduce the 50-foot setback to 40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 50- foot buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along the east property line (Article 12.H.C.1) and 3) Reduce the 50-foot buffer and 10-foot improvement setback to a 15 foot landscape strip planted to buffer standards along the south property line. (Article 12.H.C.1) • To request a Use Permit (Article 19.4.3) For Agricultural Related Activities to add a 3,240 sq. ft. training building and to request a 3-part concurrent variance to use the existing parking area within the 100 –foot setback near the west property line (Article 19.4.3.13.4); 2) To increase the maximum building setback from 20 feet to 250 feet for the new building (Article 12h.3.5.C.1); 3) To allow parking between the existing buildings and the street (Article 12H.3.5.F.3) UNAPPROVED DRAFT 25 Planning Commission Regular Meeting Tuesday, November 27, 2007 CHAIR PAUL MOORE: • Called Applicant forward. APPLICANT WENDY BUTLER, 11330 Lakefield Drive, Johns Creek, GA. • Represents Charter Global with Engineer John Oliver and Ranjit Banerjee, the architect for the site. • Proposing 23,000 sq. foot building. • 3 stories above ground and one below ground. • Below is for parking. • Total height of 70 feet. • Use Permits approved on both sides of property. • Odd shaped property. • Property was rezoned for C-1. • Stream buffer was 25 feet. • Stream buffer has now been increased to 50 feet. • All parking on property is pervious - 92% pervious space. • Done everything possible to save trees and stay out of buffers. • Attended CZIM meetings. • Received no opposition. DISCUSSION WITH COMMISSION ABOUT SETBACKS AND BUFFERS REFERENCING SITE PLAN MAP. CHAIR PAUL MOORE: • Call for opposition and there was none. • Called for motion to close public comment. MOTION AND SECOND: Paul Hackman made a motion to close public comment. Seconded by Bob Moheb. VOTE: 7-0. Public Comment closed. GEORGE RAGSDALE: • Discussion about applicant's letter and Staff's recommendation. • Discussion about buffers and O&I zoning. • Staff's recommendation appears inconsistent with way other two cases were handled. STAFF JIM SIEBA: • Cannot construct impervious surfaces with 75 ft. buffer. UNAPPROVED DRAFT 26 Planning Commission Regular Meeting Tuesday, November 27, 2007 ROBYN MACDONALD: • Area is recommended for commercial C-1 so is different. • Did not exceed the district height. • Reason for use permit. • Supporting based on location and policy. CARY SCHLENKE: • Parking question. • Front left topography appears would be space for parking. JOHN OLIVER, 1000 Abernathy Road, Sandy Springs, GA: • Extra area is for truck access and fire access. • Also trying to save any trees in that area. GEORGE RAGSDALE: • Question about rendering. • How do you know you need 70 feet. JOHN OLIVER: • Tried to closely estimate. • Need to get cars underneath. • Handicapped parking which requires additional height. • Need additional height and parapet at top. • 70 feet to be on safe side so do not have to come back and request more. COMMISSION DISCUSSION ABOUT HEIGHT REQUIREMENTS. BOB MOHEB: • Question for Mark Law, City Arborist. • Beneficial to take some parking out of undisturbed buffer and move to back of property? MARK LAW: • Near oak is small wetland area. • Do not feel would be beneficial where it is now. • Some changes have already been made and do not see how they could add anything else. • Few trees are going to be lost. • No specimen trees. • Site is very nice. UNAPPROVED DRAFT 27 Planning Commission Regular Meeting Tuesday, November 27, 2007 CHAIR PAUL MOORE: • Would like to see rendering to see how it will look. RANJIT BANERJEE, 3236 Old DeKalb Way, Atlanta, GA: • Working on preliminary designs to see if building will function as is. • Not at that point yet. • Many restrictions for cars, pedestrians, etc. • Have talked with DRB and will again. • Looking at materials now. • After calculations will be made will probably be a standard flat roof with parapet. • Have to hide a/c units. • Something that is a class-A building. • Owner occupied building. CURTIS MILLS: • Height of 3 stories? • Going for 70 feet? • Sounds like an arbitrary number. ROBYN MACDONALD: • 45 feet. • Asking for 15 additional feet to hide a/c and elevator equipment. JOHN OLIVER: • Looking at 3 stories and parking underneath. • Really looking at 4 stories. • Standard office space ceiling height around 9 feet. ADDITIONAL COMMISSION AND APPLICANT DISCUSSION ABOUT HEIGHT. STAFF JIM SIEBA: • Made comment regarding site plan and their entrance. • Did not meet Staff's approval. • Have to rework that and get longer cue distance off of Parkway. • Traffic study will have to be done. CARY SCHLENKE: • Discussion with Staff Transportation Engineer about cue distance. • Question about left turn lane. • Question about height of retaining wall. UNAPPROVED DRAFT 28 Planning Commission Regular Meeting Tuesday, November 27, 2007 JOHN OLIVER: • 15 to 17 feet tall. • Visible from inside of parking lot. STAFF JIM SIEBA: • Technical issues with LDP. • Applicant will have to address all the ADA issues. MOTION AND SECOND: Bob Moheb made a motion to approve RZ07-019 conditional on U07-010. Approval conditional on VC07-011, Parts 1, 2 and 3 to Staff's Recommendations. Seconded by Paul Hackman. Motion passed unanimously. CHAIR PAUL MOORE: Subsidiary motion that applicant be required as they deal with engineering issues that every effort is made to protect as many trees as possible and minimize the encroachment to the buffer areas if possible. Seconded by Paul Hackman. VOTE: 7-0. Subsidiary Motion unanimously carried. STAFF ROBYN MACDONALD: • Very specific variance. • If they encroach by 5,702 sq. ft. would have to get a modification. VOTE: 7-0. Motion carried unanimously on original motion. GEORGE RAGSDALE: • Inconsistencies in this case and previous two cases. • All three cases talking about land use within Highway 9 Overlay. • Talking about zoning in all cases that are the same (O&I). • This case said 60 feet is allowable. • Other two said were going to restrict to 40 feet and 2 two stories. • 60 feet is allowable in O&I. COMMISSION DISCUSSION ABOUT INCONSISTENCIES. CHAIR PAUL MOORE: • Asked Staff to call next case. ROBYN MACDONALD: • Read next case, U07-007; VC07-013. • To request a Use Permit (Article 19.4.27) For a 1,890 sq. ft. existing building for a landscape business and a 3-Part Concurrent Variance to 1) Reduce the 50-foot setback to 40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 50- foot buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along the east property line (Article 12.H.C.1) and 3) Reduce the 50-foot buffer and 10-foot improvement setback to a 15 foot landscape strip planted to buffer standards along the south property line. (Article 12.H.C.1) UNAPPROVED DRAFT 29 Planning Commission Regular Meeting Tuesday, November 27, 2007 • Staff recommends approval conditional of the proposed Use Permit and approval conditional to Part 1 of VC07-013 to reduce 50 ft. setback to 40 feet. • Staff recommends denial of Parts 2 and 3 of VC07-013 since proposed reductions in buffers would not provide adequate protection to adjacent properties to the east and to the south. STAFF MIKE TULLER: • Possible inert landfill. STAFF MARK LAW: • Inert land fill is anywhere where there is disposing of concrete, asphalt, yard debris, and yard trimmings. • There is some concrete. • Also disposing of their debris there. • Being pushed back into woods on site. BOB MOHEB: • Does this meet description of an inert landfill? STAFF MARK LAW: • Yes. • Options would be to get an inert landfill permit or get site cleaned up. • Applicant does want to address these issues. GEORGE RAGSDALE: • Should applicant be replanting buffer area on northern property line? • Inappropriately cleared. STAFF MARK LAW: • Some pine beetle devastation in that area and on adjacent property. CHAIR PAUL MOORE: • Called applicant forward. APPLICANT MIKE CRIFASI, 270 Burton Way, Atlanta, GA: • Stated case to Commission. • Requested approval as would cause undue hardship. • Advised Commission had a signed letter to read to Commission from son-in-law's mother. • Read letter to Commission. • Thompson's property backs up to south and east portions of property. • No objection to what is being proposed. • West side is daughter's house. • Have spoke to most of his neighbors who had no opposition. UNAPPROVED DRAFT 30 Planning Commission Regular Meeting Tuesday, November 27, 2007 • Garage was constructed and passed by Fulton County prior to Milton's incorporation. • Understanding that son-in-law Jeff Ver Steegh could park landscape truck there. • Was going to construction earlier this year. • Fulton County building permit expired while waiting for transfer to City of Milton. • Have to apply for new building permit starting all over again including fees. • Decided to delay construction until current home is sold. • If cannot use garage will not be able to build retirement home and have to sell property. • Trees were invested with pine beetles and most were dead. • Septic field had to be put there. • Have 2 and 1/2 acres to build house and garage. • Does not run business from the home. • Wants son-in-law to be able to park his landscaping trucks on property. ANNA FRAKER, 440 N. Fields Pass, Milton, GA 30004 (Spoke in Opposition). JIM CAVALLI, 420 North Fielot Pass, Milton, GA 30004 (Spoke in Opposition). DAVID SIMMONS, 410 North Fields Pass, Alpharetta, GA 30004 (Spoke in Opposition). JEFF VER STEEGH (Rebuttal-for applicant): • Son-in-law of applicant. • Willing to do what is necessary for screening and cleaning area. CHAIR PAUL MOORE: • Called for any other comment. • There was none. MOTION AND SECOND: Chair Paul Moore made a motion to close public comment. Paul Hackman seconded the motion. VOTE: 7-0. Motion unanimously carried and public comment was closed. GEORGE RAGSDALE: • Asked staff if any current zoning, variances or use permits carried over from Fulton County. ROBYN MACDONALD: • Stated no. • AG-1 with garage permit on it. • Applicant got permit for building residence as well. UNAPPROVED DRAFT 31 Planning Commission Regular Meeting Tuesday, November 27, 2007 GEORGE RAGSDALE: • If just parking landscape truck on property is one thing. • If operating business from home, that is something else. • The approval could be conditioned and only allow the truck there. • Want to be clear about the intent for use of property. APPLICANT MIKE CRIFASI: • Intent is for Jeff to be able to park his trucks (2 trucks). PAUL HACKMAN: • Landscaping trucks used for business during the day and parked on property at night. • Will be part of the business. CHAIR PAUL MOORE: • Asked about refuse. JEFF VER STEEGH: • Trucks will be parked in garage. • Thinking of getting a small dumpster to put on side where it will not be seen. • Want to have a place for clippings and other debris. • Do not want to upset my neighbors. CHAIR PAUL MOORE: • Asked for Use Permit for landscape business. • Long-term plan to be residential retirement home for your father-in-law. • Use Permit is for perpetuity and stays with the site. • If relationship changes or business changes and decide to use site differently, Use Permit remains. • Dealing with variety of unfriendly issues regarding community. • Trying to determine asked use, intended use and reality. JEFF VER STEEGH: • Been in this business since 1991. • No intention on becoming a big business. • Used to park in back of house in back of this subject property. COMMISSION AND APPLICANT DISCUSSION REFERENCING PHOTOS OF GARAGE. APPLICANT MIKE CRIFASI: • Agreed to do plantings along the side. • Leland Cyprus trees that are about 10-11 feet tall. • Protect Jeff from that site and when my house is built to block the view. UNAPPROVED DRAFT 32 Planning Commission Regular Meeting Tuesday, November 27, 2007 GEORGE RAGSDALE: • If purpose of this was to park the trucks at night, why the umbrellas, tables and other things back there? • Who uses this area? JEFF VER STEEGH: • Built a retaining wall back there. • Made a patio. • I am the only one who uses it. • I do scheduling there. APPLICANT MIKE CRIFASI: • I did not have a problem with patio. • Right side of garage is for my use and left for his use. • Right rear corner is intended for my workshop. • Access would be from my house to right rear door. • Planned to start building this year, but cannot now. • Fighting with city to put a noise barrier up before I can sell my house. CARY SCHLENKE: • Will landscaping business go somewhere else then? APPLICANT MIKE CRIFASI: • Whole reason for being there is so son-in-law could stay in that house. • Have a place to park his two trucks. • Do not want people hanging around property anymore than neighbors do. • Plan to build a nice house there. • Garage was intended to be a temporary facility. • Did not realize how bad the sides would look until after it was built. CURTIS MILLS: • Asked there a plan for a house/garage combination. • Discussion about trees and buffers. APPLICANT MIKE CRIFASI: • Planned for house to be about 75 feet way. • Robyn advised me that I had to connect the house to the garage. • Had problem with septic tank and way lot was laid out. • Once house is built Mr. Cavalli will not see garage at all. • Happy to put a buffer on the north side of the property. BOB MOHEB: • Asked about a septic permit. UNAPPROVED DRAFT 33 Planning Commission Regular Meeting Tuesday, November 27, 2007 GEORGE RAGSDALE: • Asked Staff when this goes before City Council. STAFF ROBYN MACDONALD • Stated December 13, 2007 because of moving zoning from 20th to the 13th. GEORGE RAGSDALE: • Like to make a motion. • Confused about this property being a residence or business. • Requirements are different for both. • If residence not violating anything. MOTION AND SECOND: George Ragsdale moved to deny the Use Permit and all the variances at this time with the admonition that the site be cleaned up and get a consistent story about what you want to do with this going forward before going to City Council, they may have a different reaction. Seconded by Paul Hackman. VOTE: 6-1, with Curtis Mills being opposed. Motion carried. STAFF ROBYN MACDONALD: • Need to sound U07-007 and can recommend deferral for 30 days. • Then last are the text amendments. GEORGE RAGSDALE: • Discussion with Staff about text amendments. • Made a motion. MOTION AND SECOND: George Ragsdale moved to defer U07-007 and VC07-012 for 30 days. Seconded by Paul Hackman. VOTE: 7-0. Motion unanimously carried. STAFF ROBYN MACDONALD: • Called next item, RZ07-017. • Text Amendment to Zoning Ordinance. • Delete 19.3.1 - Alternative Antenna Support Structure to exceed the District Height. • Amendment 19.3 and 19.4 - to reflect the City of Milton. • Will renumber at George Ragsdale's request. MOTION AND SECOND: Paul Hackman moved to approve RZ07-017. Seconded by Fred Edwards. VOTE: 7-0. Motion unanimously carried. STAFF ROBYN MACDONALD: • Called the next item, RZ07-021 • Adopt a Telecommunications Ordinance as Article 17 of the City of Milton Zoning Ordinance. UNAPPROVED DRAFT 34 Planning Commission Regular Meeting Tuesday, November 27, 2007 • Staff recommends approval. STAFF MIKE TULLER: • This would be a proposed Article 17 of the City of Milton's Code of Ordinances. • Based on the original approved policy in 1988 by Fulton County. • Comprehensive revisions in 1999. • Staff was directed by Council earlier this year about the revisions necessary for the Fulton County Code. • Community Development Staff has researched other telecommunication ordinances in neighboring jurisdictions to come up with the current draft. FURTHER DISCUSSION WITH STAFF AND COMMISSION ABOUT TELECOMMUNICATIONS ORDINANCE. STAFF ROBYN MACDONALD: • Could defer this if you need more time to review it. MOTION AND SECOND: George Ragsdale moved to defer this item for 30 days. Seconded by Bob Moheb. VOTE: 7-0. Motion unanimously carried. CHAIR PAUL MOORE: • Last thing is to address Mr. Pott's request for sewer connection. • Asked if Mr. Potts was instructed by City Council to come back before the Commission. STAFF ROBYN MACDONALD: • Mr. Potts has asked to be withdrawn even from Council altogether. • City Manager agreed with that. • Done with Mr. Potts at this time. CHAIR PAUL MOORE: • Requested Commission vote to say that they as a governing body do not support sewer for his property. BOB MOHEB: • Dennis Potts is going to sue for his sewer. PAUL HACKMAN • Wanted to move on and did not want to continue for longer addressing this issue. STAFF MIKE TULLER: • Mr. Potts should be present if this is want you want to do. • He was told by staff he did not need to appear. • He was given direction by the City Manager that he was allowed to be withdrawn. • Do not feel appropriate to do this without him being present. UNAPPROVED DRAFT 35 Planning Commission Regular Meeting Tuesday, November 2'7, 2007 CHAIR PAUL MOORE: Want to make sure we do not spend another minute on Mr. Potts. BOB MOHEB: • He is suing and going after Fulton County and we do not want to get the City of Milton involved in a lawsuit as well. PAUL HACKMAN: • This was not on the agenda. • He withdrew from the agenda. • We should just let it be. ROBYN MACDONALD: • It was on the agenda. • There was a revised agenda, but it was taken off. Really there is nothing to vote on. CHAIR PAUL MOORE: Just want to caution all of us that if this comes back to haunt us, we had the opportunity tonight to send a message tonight. We are choosing not to. GEORGE RAGSDALE: • Do not feel it is appropriate for it to even be on the agenda or for us to make a statement about it. ADJOURNMENT: MOTION AND SECOND: Bob Moheb moved to adjourn the meeting. Seconded by Paul Hackman. VOTE: 7-o. Motion unanimously carried. Meeting adjourned at 12:5o a.m F'r#cesca Ivie City Clerk's office 2t== Paul Moore, Chairman Planning Commission 36