HomeMy WebLinkAboutMinutes CC - 03/15/2010 - 03-15-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 1 of 37
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 Council, but not quoted. This document includes limited presentation by Council and
invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings.
Official Meetings are audio recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on March 15, 2010 at
6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
City of Milton Firefighter, Jason Baswell
CALL TO ORDER
Mayor Lockwood called the meeting to order.
ROLL CALL
Interim City Clerk Gordon called the roll and made general announcements.
Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey,
Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan
Tart.
PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Approval of Meeting Agenda (Agenda Item No. 10-1071)
Staff recommended the following changes to the Meeting Agenda.
Remove from First Presentation, Approval of an ordinance To Create Article 13 of the city of
Milton Zoning Ordinance To Establish A Historic Preservation Commission In The City Of
Milton To Provide For Designation Of Historic Properties: To Provide for Issuance of
Certificates of Ordinances; And for Other Purposes.
2. Remove from First Presentation Approval of an Ordinance to amend Chapter 7, Alcoholic
Beverages of the City of Milton Code Of Ordinances.
Add to New Business a Resolution Of The City Of Milton, Georgia Enacting A Moratorium For
60 Days To Bar The Acceptance Of Applications For Permits For Telecommunications Facilities
In All Zoning Classifications.
4. Defer Staff Reports Discussion Of The Milton Trail Plan And Bike And Pedestrian Path
Committee.
Motion and Vote. Councilmember Thurman moved to approve Agenda Item No. 10-1071, Approval of Meeting
Agenda as recommended by staff. Councilmember Bailey seconded the motion. The motion passed unanimously
7-0.
PUBLIC COMMENT
Mayor Lockwood read the rules for Public Comment.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 2 of 37
• Public comment is a time for citizens to share information with the Mayor and City Council.
am" • To provide input and opinions for any matter that is not scheduled for its own Public Hearing for today's
meeting.
• There is no discussion on items on the Consent Agenda or First Presentation or from Council.
• Each citizen who chooses to participate in Public Comment must complete a comment card and submit it
to the City Clerk.
• This is not a time to engage the Mayor or Council in discussion.
• When your name is called please come forward and speak into the microphone stating your name and
address for the record.
• You will have five minutes for remarks.
There was no public comment.
CONSENT AGENDA
Interim City Clerk Gordon read the Consent Agenda items:
1. Approval of the February 8, 2010 Work Session Meeting Minutes.
(Agenda Item No. 10-1072)
(Sudie Gordon, Interim City Clerk)
2. Approval of the February 17, 2010 Regular Meeting Minutes.
(Agenda Item No. 10-1073)
.OWN (Sudie Gordon, Interim City Clerk)
b".,„ 3. Approval of Financial Statements for the period ending February 2010.
(Agenda Item No. 10-1074)
(Stacey Inglis, Finance Director)
4. Approval of a Contract between the City of Milton and Advanced Processing and Imaging.
(Agenda Item No. 10-1075)
(John Umphlett, IT Director)
5. Approval of a Contract between the City of Milton and AT&T.
(Agenda Item No. 10-1076)
(John Umphlett, IT Director)
6. Approval of a Contract for the Reconstruction of the Canterbury Lane Cul-de-sac.
(Agenda Item No. 10-1077)
(Carter Lucas, Public Works Director)
Motion and Vote. Councilmember Lusk moved to approve the Consent Agenda as presented. Councilmember
Hewitt seconded the motion. The motion passed unanimously 7-0.
REPORTS AND PRESENTATIONS
Interim City Clerk Gordon read the presentation item.
A Proclamation Recognizing Arbor Day.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
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FIRST PRESENTATION
REMOVED BYMOTIONAND VOTE
Approval of an Ordinance to Create Article 13 Of The City Of Milton Zoning Ordinance To
Establish A Historic Preservation Commission In The City Of Milton To Provide for Designation
of Historic Properties; To Provide For Issuance Of Certificates Of Appropriateness; To Provide
For An Appeals Procedure; To Repeal Conflicting Ordinances; And For Other Purposes.
(Discussed at March 8, 2010 Council Work Session)
REMOVED BYMOTIONAND VOTE
Approval of an Ordinance To Amend Chapter 7, Alcoholic Beverages, Of The City Of Milton
Code Of Ordinances.
ZONING AGENDA
(Zoning items typed verbatim.)
City Clerk Gordon read the zoning rules and agenda item 10-1063
At the second regularly scheduled meeting of the month, the mayor and City Council consider a Zoning agenda.
These items include rezoning petitions, modifications of zoning, use permits, and associated concurrent variances,
in addition to ordinances, resolution, and text amendments.
won The petitions will be heard in the sequence listed on the posted agenda. I would like to acquaint you with some of
the rules and procedures for this meeting.
The applicant, and all those speaking in support of an application, will be allowed a total of ten (10) minutes to
present the petition. The applicant may choose to save some of the time for rebuttal following the presentation by
the opposition.
The opposition will be allowed a total of ten (10) minutes to present its position. If time remains, the opposition
will be allowed to rebut.
Since the burden of proof is upon the applicant, the applicant will be allowed to make closing remarks, provided
time remains with the allotted time.
The City Clerk's staff will be keeping track of time and will inform you periodically of the remaining time for
your presentation.
Those called to speak will be taken in the order that the speaker cards were received by the City clerk's staff prior
to the beginning of tonight's meeting.
All speakers will identify themselves by name, address and organization, if applicable, before beginning their
presentation.
The Planning Commission heard the rezoning agenda items and recommendations have been forwarded to the
""" Mayor and City Council for consideration and disposition.
so" In addition, the applicant shall not submit material to the Council during the meeting, unless requested to do so.
All material that you wish to be reviewed by the Council in consideration of your application should be submitted
to the staff of the Department of Community Development, to be included in the normal distribution of packages
to the Council.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
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When an opponent of a rezoning action has made, within two years immediately preceding the filing of the
rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government
official of the local government which will consider the application, it shall be the duty of the opponent to file a
disclosure with the governing authority of the respective local government at least five days prior to the Planning
Commission meeting. A violation of the relevant state statute constitutes a misdemeanor. Therefore, if you have
contributed $250.00 or more to a Councilmember and you have not filed a disclosure prior to the Planning
Commission meeting, the City Attorney strongly suggests that you have someone else speak for your point of
view.
RZ10-01NC10-01 - 3105 Bethany Bend (Southeast corner of Bethany Bend and Hwy 9) by D Squared
Development, LLC to rezone from AG -1 (Agricultural) and C-1 (Community Business) to C-1 (Community
Business) to develop a 2,400 square foot gas station with 5 pump islands at a density of 2,755.45 square feet
per acre. The applicant is also requesting a concurrent variance to reduce the 20 -foot landscape strip to 10
feet along Bethany Bend (Section 64-1090(a)).
Mayor Lockwood:
If you would just let me jump in here for a second, tonight we have a lot of applications and I see we have a lot of
people here. Our typical meeting rules allow 10 minutes for discussion for both positive and negative toward the
application. I certainly want to hear from everyone here that would like to speak with the permission of council.
I will certainly if it looks like we have more people to speak within the 10 minutes, I'll be glad to extend that time
but with that being said, I would like to ask that everyone use that time respectively and if there are several people
saying the same things if you wouldn't repeat each other but just come up and confirm that you would like to
make the same statement. Okay, moving on. Go ahead Lynn.
Lynn Tully, Community Development Director:
I believe that you all are fairly familiar with this side of the Southeast corner of Bethany Bend and Hwy 9 . I will
skip then to the standards of review. The first of which is whether or not the proposal can be of better use of the
suitable adjacent property and nearby property. The commercial uses do exist at the intersection used as how they
developed and include the required development standards to post a gas station at 2,400 square foot in size. It is
not a suitable place to small size of the parcel for cut through traffic on the site between Bethany Bend and Hwy 9
and in addition the advocate has requested current variance for the landscape strip along Bethany bend. Number
Two, Whether or not the proposal will adversely affect the existing use or usability of the adjacent or nearby
property in staff's opinion. The proposed use is for such a small site including the gas pumps, parking, and area
for gas tankers to deliver fuel. In addition, staff is concerned with potential of spill over lining to nearby single
family residences from East to North during the evening hours. No other access is shown to the undeveloped
property to the south as required. Number three, In order for the property to be effected by the proposal the recent
economical use as currently zoned. The subject site may have a reasonable use as currently zoned with smaller
building and circulation. Number four, whether this proposal will result in a use of which will or could cause an
excessive or burdensome use of existing streets and transportation facilities, utilities, or schools. Staff does not
anticipate a significant impact on public services and utilities, however, the nature of the intersection of Hwy 9
and Bethany Bend is currently problematic and accessing the subject site will be challenging. Number five,
whether this proposal was in conforming with the policies. This subject site is a prominent corner of the city and
is designated in the plan as neighborhood living and the staff contemplates that the proposed development will not
contribute towards safe pedestrian friendly area based on the lack of space to provide along Hwy 9 between the
curb and sidewalk. Further, the proposed development is inconsistent with the following plan policies. To
encourage development that is sensitive to the overall setting of the community and that contributes to our
communities character in the sense of place and to encourage development of a balanced network of commercial
activity centers to meet the service needs of our citizens while avoiding unattractive and inefficient strip
development and to create gateways and portals to establish a sense of place for our community. In addition, the
comprehensive transportation plan indicates that Bethany Bend and Hwy 9 intersections are to have been
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 5 of 37
improved with adding an East bound and West bound through light along Bethany Bend. Number six, whether
ate+ there are other existing or changed conditions effecting the Eastern development of the property which gives
supporting grounds for approval or disapproval in the proposal. Staff notes that there are no gas stations or
convenient stores along Hwy 9 within the city limits. Based on the small size of the location at an acute triangle
limited and difficult access from both Bethany Bend and Hwy 9, staff is recommending for disapproval for the
proposed gas station and convenient store and number seven, whether the zoning proposal permitting use for
which can be considered environmentally opposed to the natural resources and environment of the citizens of the
city of Milton. The proposed use of the contested development may adversely affect the environment and the
citizens of the City. Therefore, the staff's proposal and recommendation of denial for RZ10-01NC10-01 were
zoned to C I community business to develop a gas station with recommendations included in the staff. I would
like to add the planning commission recommendation for us supporting a denial for both the rezoning and
variance that was conversed. The number of employees we shipped was concern for guarding a potential
congestion of traffic and conflicts on site and also there was struggling considered regarding the need for the fifth
pump as well as potential to design the site without a concurrent variance. The commissioners did express that
the use was too intensive for the signs of the property. I would like you to know that since that time the applicant
has submitted a revised site plan dated February 26`h, 2010. This site plan does indicate including the 20ft.
landscape strip on Bethany Bend as is required, they have requested to withdraw VC 10-01 from the landscape
strip and they have reduced the building footprint from 2400 square feet to 2000 square feet and have reduced the
pumps from five to four pumps. Development using this site plan would eliminate a need for the variance. And
that is my presentation.
Mayor Lockwood:
Okay.
Lynn Tully, Community Development Director:
""ON Are there any questions?
Mayor Lockwood:
Is there any specific questions before we move forward with staff? We will hear from those speaking in support
of the application. We certainly need to allow everyone to speak so fill out a speaker card and go ahead and
present. I'll leave that up to you Mr. Hendricks. Mr. City Attorney does he need to present it based on the
application or what?
City Attorney Jarrard:
I think that the applicant can present whatever the applicant wants to present to the city based upon the fact that
they have proposed something different. I expect he will want to present to you and what they propose what is
different at this time. That would be up to the applicant.
Mayor Lockwood:
Okay. If you want to speak for a few minutes you're welcome to do so.
Nathan Hendricks, 6085 Lake Forrest Dr., Atlanta, GA:
I will take all of the time I want to. This is my opportunity and I want to go right ahead with my presentation. I
submitted to you all on the 8`h of March an application that has had significant conditions for modifying my site
plan on the 8`h of March and a point by point recital of what Lynn went through with you on her seven points of
OWN consideration with a hue towards the modified and amended application. Significantly modification of the
application has gotten rid of the request for the concurrent variance. There was full of complete compliance of all
of the developing standards with two of them including the Hwy 9 overlay not only of the overlay that exists right
Ifto now but we also have been perspective and looked at what protection modification and amendment and we are in
sync with all of that. Significantly what we have done is to get rid of I of the 3 islands that takes it from 6 pumps
down to 4 pumps, we have reduced the size of the convenient store from 2,400 square feet to 2,000 square feet
that gives a density of 2,296 square feet to acre. If you would look at page nine of your staff and hearing analysis
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 6 of 37
that is considerably lower than any of the other seen square footage that were set for analysis by your statt. Y our
comprehensive development plan calls for live work neighborhood on this property and live work neighborhood
encourages low density in commercial and certainly at 2,296 square feet to the acre we feel that that is in fact is
low density of commercial. Another part of the amendment that has come from the revised site plan we have
shown how there will be a tree line coming along Bethany Bend and a tree line coming along Hwy 9 to give
visual protection as far as the filling station is concerned. The staff has voted and you have got existing Cl
zonings directly across from the CVS and in continuance to the South of us is approximately a 5 acre track that
similarly is on to the CI classification. The concern was raised by the neighborhood as to perhaps light spillage
and you all have benefit. There has been a submitted part of the record the light that was done to be able to get
confirmation that there is not any adverse light spillage that can come from the property. The property also has
had an analysis as far as turning route is concerned of the tanker trucks that would come into the property. Most
recently we also had visitation with your fire department in order to be able to give confirmation that your fire
vehicles would be able to properly negotiate the properties so that there would not be any effort of public safety
in the event of a fire and be able to get to it in front of the property. As far as the traffic is concerned, we have
had traffic with a few of the analysis track before and after and the city would be responsible for any questions
you might have. I think with the service station you have a good opportunity to have captured passerby traffic as
a lot of the traffic that comes and goes from the facility as apposed for example for a restaurant that would be by
large 99% destination oriented. So a lot of the comings and goings would be from the traffic to the property as I
said would be captured passerby. It is estimated that just basically on a sales tax as well as an employee tax basis
there would be an annual generation of about a half of a million dollars to the city in addition the projected
number of employees that would be coming to the property would be a half a dozen to 8 and that does not include
whatever your real property taxes would be with the improvements having been completed on the property. I
have got Brad Riffel here from AEW who would be able to walk you through the specificity as to the turning
group on the analysis that we have done.
"`"" City Clerk Gordon:
You have 30 seconds please.
Nathan Hendricks:
Out of 10 minutes?
City Clerk Gordon:
We have 4 applicants so dividing the 10 minutes -
Mayor Lockwood:
We will do the full 10 minutes. Go ahead Mr. Hendricks.
Nathan Hendricks:
We also have presented to you a schematic of the elevation of what the property would look like. You have the
unique opportunity here of the owner of the property to continue to be the owner of the property and therefore
financially be able to do the building that has been demonstrated to you which is all brick on all four sides,
articulation along the front of the building, and along the top of the building. You can see the elevated canopy for
the filling station islands. The door areas where the dumpster pick up would be, as well as the ignition, have
purposely been designed to give a look and feel of barn doors and you've got your four board fencing that would
be placed on Hwy 9 as well as Bethany Bend Road and this is being done with a welcoming environment that the
w.. staff is talking through as far as the policy and attempt is concerned. The other part of the policy that the staff
spoke to was as to delivering the diversification of commercial uses within the area and staff went on to note that
through the examination and evaluation of Hwy 9 that there is not any other filling stations noted along Hwy 9.
Nwo So with the approval of this application that would bring a diversification of use and services to the area under the
commercial district. Brad, if you could take just a minute and walk them through the blue prints on the property.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 7 of 37
Brad Riffel, 490 Spring Ridge Rd., Roswell, GA:
The first one is the gas delivery truck that shows the truck coming in from the side of Hwy 9 from the right and
then making its way to the front of the building where the tanks will be. Basically, it's at the front of the building
underneath the parking spaces and then they will head out left onto Bethany Bend exiting the site that way. The
third sheet after that is the fire truck which uses the longest ladder truck; which my program shows it at about 46
feet. If I had to guess I would say that normally the trucks are about 30 feet so these are the super long ones.
They said that they would be coming from the North and turning onto Bethany Bend here heading South entering
the site. The fire hydrant that they would be tapping into is just at the South of our site. Its 60 feet south across
the opening trace so they would be turning in and then they would probably back up a little bit and they would be
able to extend their hose to get to the hydrant to extinguish the fire. She said that they would probably have two
different options that can either back out onto Bethany Bend and then head North or you can see that they can
come all the way through the site and turn right onto Hwy 9 heading North.
Nathan Hendricks:
Thank you all for your time.
City Manager Lagerbloom:
I'm going to keep the time for the rest of the Zoning and Agenda tonight. There are 3 minutes and 6 seconds
remaining in the 10 minutes. Do we have anyone other than the applicant that is speaking?
Interim City Clerk Gordon:
We have Mehdi Jannatkhah.
Mayor Lockwood:
Mr. Hendricks, the applicant, would you like to speak now or reserve that time?
Nathan Hendricks:
I'd like to reserve it.
Mayor Lockwood:
Okay. Is there anyone in opposition to this reason?
Interim City Clerk Gordon:
Yes, first we have Lance Large.
City Manager Lagerbloom:
I'll just update you at the end of each speaker of the time remaining.
Mayor Lockwood:
Okay, thank you.
Lance Large, 13770 Belleterre Dr., Milton, GA:
Good evening Mayor and members of the City Council, my name is Lance Large. I live at 13770 Belleterre
Drive. I am here speaking as a local resident and I am also here speaking as a professional engineer. I have been
XOM practicing professional engineering for over 30 years and in that time I have done developments as large as 1500
acres mixed use developments all the way down to a 3 quarter acre out parcel development. I have been working
WNW with this group here again as a local neighbor and concern of the integrity of the area and kind of speaking more
towards the technical aspects of the plan. I realize that this is a rezoning it's not a use. There are 45 or so uses
that this developer could put on, not that all of them would fit, on this property but could be put on this piece of
property. So if they have submitted site plans specific to the application I would like to speak towards a few of
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 8 of 37
the items. I agree there have been significant changes in the plans since the one that was presented to the planning
committee. I also spoke at the planning commission meeting as well. I think some of the changes they have
made are positive. They have reduced their islands, the number of their islands. They were trying to put way too
many islands on this site. The size of their canopy. They reduced the size of their canopy because of the number
of islands. They say they have reduced the size of the building although I would like to point out that now as now
what they call an emission stall and if you look on their elevations this admission stall is physically part of their
entire building. It's not like it's some outward piece of stall or something. To me, that represents 330 square feet.
If you count that, I believe that's where footage should be counted in their square foot declaration for their
facility, it's a use within the facility and that the total should be 2300 or so square feet and the parking ratio
should be counted part of that number of square footage. There are a few things I would say would be somewhat
of a problematic site plan. I design for Exxon, Amaco, BP, for a sister company of QT up North and I have done
numerous sites. Back in the day I was doing gas stations on every corner and watching them close them up as
well. Here, the parking spaces that they are using toward their 10 spaces that they're saying they need when I'm
saying they need 12. Anytime I have done designs, these are basically used to use the spaces up here in the apex
of the site. They are angled. Angle parking is for directional flow and the direction does not allow exit there. So
that is a very problematic area right there. Also, there is an underground pension which I realize that on the size
of this site it is almost impossible not to do that but it is a problematic type especially from a longevity and
maintenance standpoint. They talk about density, I think you ought to took at what density is in terms of percent
on this surface. This site is completely covered up and set for the landscaping and a couple of islands out here.
Again, I'm not really sure as to how you can take that into consideration in terms of approving or disapproving a
rezoning, but I believe that this a very problematic intersection when you have an acute intersection you have a lot
of challenges and I'm sure you all have heard about the challenges that this intersection offers. As far as this
being an appropriate use for this site, if another person is going to speak behind me talking about other things that
have been proposed in this area that has not been approved prior to the city of Milton and I will let that individual
speak now.
City Manager Lagerbloom:
There are 5 minutes and 32 seconds remaining.
Heidi Sowder, 525 Sunflower Court, Milton, GA.:
Good evening Mayor and City Council, my name is Heidi Sowder. I live at 525 Sunflower Court and I just
wanted to make it very clear that this is not a case of NIMBY, you know, Not In My Back Yard. The rezoning
concerns not only for the Bethany Creek neighborhood and the neighborhood across the road but it effects
everyone that navigates through that intersection in the City of Milton and over 200 residents, I think it was 239
residents to be exact, signed the petition and they either voiced their opinion via petition or they sent you e-mails.
We are supportive of responsible commercial development here in Milton and we are not against a Cl rezoning
on this parcel, we want to make that very clear. The problems that we have with this site is that it is very
concerning because it is very intense. The emission station now changes that capture traffic issue now to a
destination traffic issue. There is going to be a lot of cut through traffic because of that intersection. It is a
problematic intersection and it has been that way for a long time. If you put these two entrances, one on Hwy. 9
and one on Bethany, people are going to cut through a lot of the time. There is a new high school that is being
built on Bethany and Cogburn, the mile radius ends at my neighborhood and all of the kids that live within that
one mile radius will have to walk along Bethany Bend to go to the High School, either that or the parents are
going to have to jump in a car and drive them. You are going to have increased traffic there and the continual
problem with that intersection and when you put an intense use there it's just going to complicate matters. Let's
see, City Staff states that the intensity of the development is inconsistent. You know you have residential, it's a
suburban road, it will cause difficulties with residents seeking to navigate the intersection, there are 4 gas stations
total in the city of Milton, none of them are located adjacent to single family residential. They are all in
commercial areas. The proposed hours of operation are a big concern for our area. It will operate in excessive 4
hours more during the day than any of the other commercial that is located on the other three corners. The council
has acted in the best interest of Milton Citizens before. I know at the Kohl's rezoning in December of 2007 there
was a gas station that was on that site plan being proposed. The petitioner did remove or withdrawal that part of
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 9 of 37
their petition but Council did go on to condition that gas stations and tree standing tast tood restaurants wouia not
mm"a be allowed and the reason for that, and it was in the record, was that of the navigation of that intersection, the
concern for pedestrians, and a concern for the residents as a whole. We as a community ask that you also take all
of these things into consideration when you go forward and look at this plan. It has a lot of difficulties, I have a
lot of additional information and we do request as a community that you deny this petition this evening.
Interim City Clerk Gordon:
The next person is Ashley Bowen.
City Manager Lagerbloom:
You have 2 minutes and 26 seconds left. Ms. Bowen doesn't want to speak. Mayor, we do have an email from a
Citizen that has been requested to be read into the record in opposition, would you like to use up some of the
remaining 2 minutes and 26 seconds?
Mayor Lockwood:
Yes.
Interim City Clerk Gordon:
Dear Mayor Lockwood and City Council members:
My name is Tina D'Aversa and I live at 13568 Weycroft circle, Milton, GA 30004. I also own two other homes
in this area of Milton.
I am writing today to ask that you deny the rezoning and variance request RZ 10-01 NC 10-01.
aw. The proposed use of this parcel is both inappropriate and unneeded. The City of Milton must protect established
residential areas like the Bethany Bend and Highway 9 area where this parcel is located. To allow a high traffic
convenience store or an environmentally dangerous gasoline facility in an established residential area would be
unconscionable.
May of us have worked for many years to protect the uncontrolled and eclectic development along the gateway to
Milton: Highway 9.
My family and I support appropriate growth and appropriate development in this area. We look forward to the
redevelopment of the area and to having occupants in the 50% of the area's retail that is presently vacant.
I am asking that you recommend denial of the gas station use on this property and in this area of Highway 9.
There is no need for a gas station on this property. There are gas stations in every direction from the proposed
location within a one mile radius. There are numerous environmental issues that should cause you to recommend
against this use on this property. The property is adjacent to single family homes and subdivisions. There is no
need to risk ground water contamination in this residential area.
Thank you for your service to the City of Milton residents and for ensuring appropriate growth and development
in Milton.
Tina D'Aversa
City Manager Lagerbloom:
taw The support time remains at 3 minutes and 6 seconds and the opposition has 51 seconds remaining. I think it is
time for the rebuttal.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 10 of 37
Abdul Amer, 2160 Kingston Ct., Milton, GA:
OWN I am a traffic engineer. I performed a detailed traffic study and would like to speak to some of the comments
related to traffic. The detailed traffic has been submitted to the city and was reviewed by City staff. The City
features I wanted to bring your attention to is that of a convenience store with 50 percent of the traffic, as Mr.
Hendricks had mentioned, will be passerby traffic meaning this traffic is already on the road and just turning in to
use the facility. That is an advantage compared to any other commercial use that could potentially be put here.
So that is one thing that will make new development on the road be significantly less than other potential
developments. We also want to make note that the traffic on Bethany Road. The analysis and recommendations
and conclusions in the study were reviewed by staff and they agreed with my recommendations and conclusions
that what improvements we recommended would work safely. The drive on Highway 9 itself is a right in and
right out drive meaning you can just turn right in or turn right out. That particular movement minimizes the
conflict. Right in does not cause any conflict and right out is the traffic exiting the site that would have to yield to
the traffic on the road. As for the intersection of Hwy. 9 and Bethany Bend, this traffic has already demonstrated
that the impact even on this development on that intersection is insignificant. Matter of fact, we recommended
some improvements to the signal timing phasing with which the applicant is willing to implement that the
intersection would be better than what you have now after the project is built. Thank you so much.
City Manager Lagerbloom:
There are 10 seconds remaining.
Nathan Hendricks:
As far as the pedestrian engagement is concerned, what now will fill a complete compliance with your
pow development standards and particularly the standards of the Highway 9 overlay, you are going to have sidewalks,
bike paths, and landscape strips that are non-existent right now. So as far as pedestrian engagement is concerned,
that will be greatly enhanced over what is an existing condition right now. As far as cut through traffic is
concerned if you put a little garden stand on this where you would have access to Highway 9 and off of Bethany
Bend Rd. there would be as much opportunity or lack of opportunity of cut through as with this use or with any
other use that might go on the property. We think that the level of intensity has been markedly brought down from
what originally was fled with the application. We think there has been sensitive response to the comment.
Mayor Lockwood:
We are out of time.
City Manager Lagerbloom:
Do I have anyone else for the 51 seconds on opposition?
Heidi Sowder, 525 Sunflower Court, Milton, GA.:
There is no inter parcel connectivity to this site and to the adjacent site especially given the fact that the only
location they could do that is where the emission stall is and if the cars are queuing up to be tested you have no
way to make a driveway to go to the other site. That is going to be a problem going forward when this other
petitioner comes forward and wants to develop their site, they're going to want connectivity to Bethany Bend
hence you will have another driveway to Bethany Bend. It is going to further complicate things. Additionally,
this site plan that I took off of the City of Milton Website; there are no storage tanks noted on this site plan. I
would like to know where the storage tanks are going to be located. Before that, they were located where the
landscape strip was. Now that the variance is gone, so are the storage tanks. I would appreciate seeing that.
.ted• Thank you.
ogo Mayor Lockwood:
" Again, as I said if there is anyone else but if there are no more comment cards then...
Interim City Clerk Gordon:
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 11 of 37
There are no more comment cards.
Mayor Lockwood:
Alright we will close this public hearing now and open this up for questions from our Council. So it goes to our
staff and also if there is anything from them.
Councilmember Longoria:
I have a question for Lynn.
Lynn Tully, Community Development Director:
Yes?
Councilmember Longoria:
Do we have anywhere any types of guides or restrictions that covers the distance from a service station to a
residential area?
Lynn Tully, Community Development Director:
Not to my knowledge, Sir.
Councilmember Longoria:
Okay. So technically in Milton we can build a gas station if it is on the property right next to a residential
neighborhood without any distance issues?
Lynn Tully, Community Development Director:
With the exception of any buffer requirements between a C1 and whatever the residential zoning district might be.
Councilmember Longoria:
That isn't really significant. It's about 25 feet or 50 feet or something like that. When you and your staff looked
at the site plan did you look at, which I'm sure you did and I'm sort of asking a question that I know you will
have the answer to, the distance or the structure and makeup of the acceleration lanes and the entrance and exit
lanes into the site and did they meet all of the ordinances that we had set up?
Lynn Tully, Community Development Director:
There was a review done by our public works department and without it being fully engineered, again this is a
fairly detailed concept drawing, but without it being full engineered they did review it and it did appear to be
within all of our requirements. That can't be completely known until they actually fully engineer the site and turn
in a set of civil plans.
Councilmember Longoria:
Okay. Did you guys look at the turning radius issues related to those entrances and exits, is that something that
you guys took into consideration?
Lynn Tully, Community Development Director:
Yes, we did look at those and in fact I have a revised drawing today, just today before the meeting, that indicated
the half and turning radius of our longest fire trucks as he had mentioned. So we have looked at those, I don't
so" know how in depth our review was of that. I would really have to defer that to probably Carter Lucas from Public
Works and/or Sarah Leaders. I think Carter is here if you need to ask him.
ftww
Mayor Lockwood:
Okay, Mr. Carter?
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 12 of 37
Carter Lucas, Public Work Directors:
Now We did look at those turning radiuses on the original site plan that was submitted with some of the modifications
that have been made on this latest submittal. We would certainly re -review those in regards to delivery type
vehicles. Fire marshal will review it in regards to fire access to the site.
Councilmember Longoria:
Are there any restrictions related to the entrance and exit plans in use of the impediment or the little triangle that
separates the entrance versus the exit?
Carter Lucas:
On the right in and right out entrance?
Councilmember Longoria:
Yes.
Carter Lucas:
Yes, there is a standard that it would need to be designed to and the hope is that you limit or minimize or
eliminate the left turn movement out of there so the dimensions on that intersection making that radius is wide
enough to really promote that right turn is what we will be evaluating.
Mayor Lockwood:
Okay, thank you Carter. Karen, you have a question?
Councilmember Thurman:
a,ma Yes, I have a question for Lynn. It looks like to me that this plan before now is very different from the one that
Staff initially used for their analysis, very different from what the planning commission ruled on, and very
different from what a lot of these opposition letters we have were originally opposed to. That doesn't mean that it
won't change at all, but is that the case?
Lynn Tully, Community Development Director:
Yes ma'am.
Councilmember Thurman:
Typically in this situation is it really best if this goes back through the process again so that we can really get what
your analysis is of the current plan and what planning commission recommendation would be of the current plan
and what the community view is?
Lynn Tully, Community Development Director:
I do believe that the applicant as well as the planning commission and DRB would benefit from additional review.
Councilmember Thurman:
It sounds like traffic also would benefit from additional review of the revised plan.
Lynn Tully, Community Development Director:
It appears there are some other alternatives that they could consider.
Mayor Lockwood:
"am Do we have any more questions? Julie?
Councilmember Zahner Bailey:
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 13 of 37
Yes, thank you Mayor. Lynn, a couple of questions. We heard obviously that the emissions stall is new, can you
Usa, just confirm that was on the original plan and/or if it is indeed new to this revised plan?
Lynn Tully, Community Development Director:
Yes ma'am that is new. That was not included in the original so that would be entirely new.
Councilmember Zahner Bailey:
So in terms of the differential of density, the original proposal was 2,400 square feet and we would add that back
in. I know there was some discussion about some significant difference, can you speak to what the actual
difference is between the original and what is now being proposed?
Lynn Tully, Community Development Director:
If you add that back in were at a 70 square feet difference.
Councilmember Zahner Bailey:
Okay. I just don't know that 70 feet could be captioned as a significant differential between the original 2,400 and
where we are now so I just wanted to be sure that we were being clear. In your opinion, do you believe that the
emission stall would be necessary to be counted towards the total density on this parcel?
Lynn Tully, Community Development Director:
I think that it should be, yes ma'am. Like I said, that wasn't included in the original submittal. The changes to
this site plan.....
Councilmember Zahner Bailey:
NVANO So just to make sure, that 2400 is effective or the same with the exception of 70 feet, the only difference is that
330 had just been shifted from the convenient store to a different use, but that is a compatible use if you will.
Lynn Tully, Community Development Director:
Yes ma'am. With the inclusion of a reduced number of pumping islands as well as including the full landscape
strip...
Councilmember Zahner Bailey:
Right, I just wanted to focus initially just on that initial density. Going to the question that was posed about a
transition policy, while we may not have a distance requirement, I am very familiar with some of our policy that
speaks to the fact that we do indeed require a transition from a higher intensity of use back to residential. So I do
want to make sure that whatever we do as a body here this evening that we do focus on that transition policy
because I believe that it is a concern not just for this parcel, but for any parcel. The transition is critical when we
go from single family residential and multi -family residential to intensity of use and I don't believe that what is
immediately adjacent or within a few hundred feet, I think adjacency is an issue and if you could speak Ms. Tully,
I know that those presenting that mentioned that there was not an immediate adjacency, could you speak about the
distances between certain points on this parcel and the nearest residential variance?
Lynn Tully, Community Development Director:
To be honest with you, I would have to guess or scale it off...
WON Councilmember Zahner Bailey:
I mean, generally speaking. I know there is another acute angle. It looks like a gentleman wants to speak, I know
we have closed the public comment... Mayor, if there is information I would like to ask that if there is time after
this evening if that could be provided to our staff. In terms of adjacency, I mean its close. So if you could just
speak briefly to adjacency to residential areas.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 14 of 37
INAUDIBLE NAME:
I want that distance. It's about 75 feet from the edge of that property to the closest residential lot and that is one
of the reasons that I brought that up.
Councilmember Zahner Bailey:
And that is why I wanted to speak. That is very close.
INAUDIBLE NAME:
It is very close. It is basically the road that separates them. That's all it is.
Councilmember Zahner Bailey:
That is why I just wanted to speak to it because I think that the applicant was making the statement that perhaps
there was not adjacency, but it is within close proximity between 70 and 75 feet. So that gives us a feel of the
proximity. We just want to consider that as a great point about transition. I think it is one of the concerns that I
think some of us probably have; I know I have that concern. Can we address the question that was posed in terms
of storage tanks? With the resubmission of the plans, could you speak where the tanks are now versus where they
were previously?
Lynn Tully, Community Development Director:
Yes ma'am. I believe that they are in the same location. They may have shifted further up the site from the
North.
Councilmember Zahner Bailey:
omwo So in theory, the landscape strip is over a portion of where that storage tank would be and just the access would
be....
Lynn Tully, Community Development Director:
Is it overly tanked? Is that what you are asking?
Councilmember Zahner Bailey:
I am just trying to respond to one of the questions and the fact that you didn't necessarily have that depicted
expressly.
Lynn Tully, Community Development Director:
I believe that the storage tanks are located on the eastern portion of the site where the incoming lane of traffic is
from Bethany Road adjacent to the pumps, but just east of those pumps. On this new site plan they are not shown,
but that's where they were on the original proposal. The engineer is here and he might be able to better express
where those are. Please describe where those are.
Brad Riffel:
I would like to speak to where the tanks will be. The tanks will be, if you see the four car parking in front of the
building, the tanks will be approximately in that zone right there towards the back end of those spaces. The
tanker trucks will pull in and it will discharge the fuel on the passenger side of the truck. So when it pulls it going
to be in the front of the building and the tanks will be on the passenger side.
Lynn Tully, Community Development Director:
Naw Okay, thank you so much.
Mayor Lockwood:
Are we all clear on that?
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 15 of 37
,o, Councilmember Zahner Bailey:
Yes. Thank you Mayor. Just in going through some of the staff's presentation terms and things that are of some
concern, I know that there is discussion about environmental impact, the fact that there is a 70ft reduction, does
that change any of your assessment in terms of the potential negative environmental impact?
Lynn Tully, Community Development Director:
At this point I really hesitate to say. Again, this would all be discussed if we took this back to the planning
commission and this would be part of the full analysis.
Councilmember Zahner Bailey:
Okay. I guess I will come to a conclusion that would be gas station to gas station where some of the same
environmental concerns that were noted in the analysis would still be applicable and I recognize that some of the
pumps are reduced but just for an assessment of it not having shifted it would seem that some of the concerns that
were denoted in the analysis would obviously still be present because that use has not shifted. If you could just
speak briefly to hours of operation?
Lynn Tully, Community Development Director:
They have submitted in their letter I believe their proposed hours of operation.
Councilmember Zahner Bailey:
Are you going to bring that up? I just heard that that was a concern and I wondered if you could address that.
Lynn Tully, Community Development Director:
in" Specifically with the planning commission discussion they had a concern with the number of times a week the
fuel was delivered and the number of employees per shift. The applicant did state that they would have 2 to 3
employees per shift and I will have to look through the letter of intent for the hours of operation.
Councilmember Zahner Bailey:
If it would be okay I can just ask Mr. Hendricks because I know he is very familiar, if you could just
speak briefly to what the proposed hours of operation are?
Mayor Lockwood:
Mr. Hendricks, could you please confirm what the hours of operation are?
Nathan Hendricks:
Yes. 5:30am to l2am Monday through Saturday and lam to l Ipm on Sunday.
Councilmember Zahner Bailey:
Thank you.
Mayor Lockwood:
Okay, Alan do you have a question?
Councilmember Tart:
Yes sir. I have several questions. Regarding the traffic study that was done, does the traffic study contemplate
proposing development or the multiuse development that is down the street from Bethany Bend or for that matter
any proposed exits off of 400 or the new High School? Could you please speak to the contents of the traffic?
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 16 of 37
Abdul Amer:
The traffic study includes traffic from other developers that grow the existing traffic on the streets in terms of
their general growth increasing traffic and the way we typically do that is establish with consensus with city staff
a growth number such as annual growth of people, 2%, 4% ... whatever is typically known developments due to
historic patterns and things like that and we have included a growth on existing traffic growth and numbers to
other developers such as the ones we just mentioned. So yes, the answer is yes.
Councilmember Tart:
Mr. Lucas, could you verify that those developments are included?
Carter Lucas:
From my understanding, some of those were not. That can make a huge impact on traffic and an intersection. A
general growth rate was included in the information that we had based on the high school's traffic study. We did
try to coordinate with that as far as the development down Bethany Bend and of course our County development.
Is that specifically included? I'm not sure we have that information to include that other than to just account for
that in a general growth rate that we used when they were all studying.
Councilmember Tart:
If you staff could speak to the future widening of Bethany Bend as it effects the landscape strip along Bethany
Bend and the sidewalk along Bethany Bend and the pedestrian pathways and bike and all of that along Bethany
Bend? And for that matter the underground tanks. Because if they are .... oh, never mind. The tanks will be in
front of the building. Sorry.
Carter Lucas:
We have a right-of-way dedication required for this as well as a right-of-way reservation to account for the BP
built on Bethany Bend. So they might be able to speak a little better about how that landscape strip will be with
the right-of-way reservation but it should either be outside of that reservation or straddling that reservation or line
to account to that future road widening.
Mayor Lockwood:
Yeah the question I have is some concern that I have heard that in the future how the engineer takes that into
consideration as far as the city also in the future if the road is widened and what that does to our pedestrian
activity.
Lynn Tully, Community Development Director:
Typically, we attempt to provide the same facilities that were there originally, however, we are pretty squeezed
once we get into widening Bethany Road because the reservation line. Again if you would note on your side plan
that the reservation line you can see is the dotted line running through the proposed landscape strip on Bethany
road and it cuts over approximately half which is indicative as to probably why we were looking at variances
previously but typically we would require a landscape strip to either remain or to straddle that line with including
the sidewalk. That is going to be a tight design issue with the sidewalk and the strip is all that can be replaced
with what is left of the right away and we have those additional rights.
Councilmember Tart:
If I am reading this site plan correctly, it looks like the sidewalk and pretty much 50% of the landscape strip.
4p" Would that eliminated once the road is widened.
an" Lynn Tully, Community Development Director:
Yes sir. And that is what I am saying, we would attempt to try to provide the sidewalk which would leave
minimal screening left and a small grass strip in order to get both a sidewalk and a grass strip between there and
the curb.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 17 of 37
Councilmember Tart:
Okay. In terms of the logistics with getting the gas tanker trucks in and out, from my understanding from looking
at this new diagram and where the tanks are going to be positioned, it looks as if the tanks are basically going to
pull right in front of the convenient store. That is pretty much going to block any entrance off of Highway 9
while the gas tanks are being filled. It will allow for huge blind spots for anyone trying to go from the filling part
of the development to the convenient store. It would prevent anyone being able to park or to leave any parking
spaces that are there, I'm wondering where anyone will even park if you have 2 employees inside with 10 parking
spaces with the few that are there in the corner near Bethany and Highway 9. Basically from what I can tell, they
are unusable because not only are they settled in such a way that parking is very difficult, but you also have a very
congested area by the pumping station. So those are some of the concerns that I have especially with parking and
the filling tank in general. Can you show me how you are going to handle some of the disposables problems on
the site?
Brad Riffel:
You can see the dumpsters that is between the building and Hwy 9. That would be for the waste.
Councilmember Tart:
Could you explain how they will empty this dumpster at say loam or Sam? How will this truck pull into this gas
station that is open and back up and have room safely to empty this dumpster? I'm trying to figure out logistically
how this big dumpster truck is going to move around on this site.
.-• Brad Riffel:
Typically, I'm not sure which direction it is going to be coming in, but hopefully he will be coming at very early
or very late hours so we figured he can get in there and get out and do what he needs to do in a matter of minutes.
Councilmember Tart:
Do you have an estimate on what time that dumpster truck will be there?
Brad Riffel:
I do not.
Councilmember Tart:
There is also a concern because it will be so close to a residential area. I am also concerned with the right in and
right out at Highway 9. What I am concerned about is prevention of trying to keep people turning left into the
development or turning left onto Highway 9. If I am not mistaken, this right here cannot be solid. This cannot be
a permanent fixture here. This is just going to painted stripes?
Brad Riffel:
Yes.
Councilmember Tart:
Okay, that's going to be a problem with me because I don't think that is going to prevent any turning there which
is a big safety issue. And one last question, could the petitioner speak to the use of the emissions booth? I just
want to make sure that I am reading the application correctly in saying that you are now asking for an emissions
"^' check booth there. And there is going to be some queuing going on there so the intensity of the use of the
property will be even more so had you just gas pumps there.
Nathan Hendricks:
Well, I would like to note that this space is not heated nor air conditioned. It is simply a sidebar accommodation
for folks that would be coming to use the filling station in order to be able to effectively get there. Your earlier
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 18 of 37
WPM question of the delivery of the fuel, which would be done in the morning before the station is open so it will be
before the traffic is moving in and out it and it won't affect the traffic.
Councilmember Zahner Bailey:
Could you confirm that time, so the opening will be 5:30am, so the fuelling will occur between 4:30am and
5:30am Monday through Saturday and then on Sunday it would be before lam?
Nathan Hendricks:
That would be correct.
Councilmember Zahner Bailey:
Okay, Thank you.
Nathan Hendricks:
The Shell representative is here if you have any questions of him and also he was here for the planning
commission and we would love for this station to be of operation. We looked at building schedules of 4 or 5 days
a week, that is anticipated.
Mayor Lockwood:
Anyone else have questions? Bill?
Councilmember Lusk:
on" Yes sir, I have two questions. The emissions facility there contemplates more than one vehicle on site at a time.
Do we have anything written as guidelines that would increase the need for additional parking because of that
am"" facility?
Lynn Tully, Community Development Director:
I would have to check the zoning ordinances. I do not have that right off the top of my head. My thought is that
typically they address it only as if it were a service station having cars and vehicles serviced. I will look and
double check that against my current definitions as well as the parking.
Councilmember Lusk:
Okay. Secondly, Typically when an application comes in front of us, it has been denied by both community
development and the planning commission. Another variation of this plan we don't typically hear a variation of
the original submittal. I think that what we are doing tonight is preempting that review by both the community
development and the planning commission. I think that we even though we seem like were shifting responsibility,
this is in fact where it belongs in front of community development again and planning commission as far as my
understanding and the history of this council and community development. I think this discussion needs to take
place after it has been reviewed again. We may go through the same discussion and new points are brought up,
but we have established a policy in this city and I think we need to adhere to it just to be fair to all parties
concerned.
Mayor Lockwood:
Would you mid explaining the reason of this process for this in council and with some of the changes and why
staff hasn't made any changes on the recommendations briefly?
mom
Lynn Tully, Community Development Director:
ENNA Yes sir. Just briefly, in my past experience it has been that the planning commission sometimes doesn't get all of
the information that they need to do the work that they are appointed to do. They do the best with what they get,
and sometimes once they make those recommendations and the applicant goes back to review and revise their site
plans, a lot of those things could have been taken care of before they even got to the planning commission. In
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 19 of 37
.-.
fairness to them, I typically will maintain the staff report as it was presented to the planning commission so that
NNOW you all get the same information that the planning commission has gotten and the revisions then would be
submitted to them all so that you know those things have been revised but staff would not change their
recommendations based on those revisions without all of you coming back and asking for an additional staff
report or asking for the planning commission to hear it again. This is just the last bit, the planning commission
needs a fair chance to also review the corrected material as it were.
Mayor Lockwood:
What would staff recommend the situation where your recommendations are based on your initial application?
what would staff recommend once there is significant or any changes that address this, what would you
recommend?
Lynn Tully, Community Development Director:
Again, any significant changes I think require additional scrutiny. All of the questions that you all have had
tonight about the revised site plan are good questions and I cannot answer them all. I would be able to do that if it
were to go back through the process.
Mayor Lockwood:
Okay. Burt, do you have anything?
Councilmember Hewitt:
Yes, if you don't mind, would just kind of hit on the highlights on what the definition of the living working area is
.••. on the future land use map?
„,W, Lynn Tully, Community Development Director:
The future land use map contemplates a mixed use area, again, it indicates an area that is pedestrian friendly. An
area that includes a mix of uses, not just single friendly residential or not just commercial. It would be in an area
that would be vibrant on this activities center as it were so it is not terribly specific because it is a different kind of
zoning. It is a zoning that would be less about the single specific use and more about a combination of uses.
Councilmember Tart:
I have a question and potentially a motion, if this were to go back to the planning commission would you need
until the end of April or would you need until end of May?
Lynn Tully, Community Development Director:
I believe that we could get this on the April Agenda. I'll have to verify that with Robyn. So yes, we could get it
on the April Agenda for the planning commission and then they would also review this request in the meantime.
Councilmember Tart:
Okay, that's even with spring break? I mean, I know we have schedules and everything...
Lynn Tully, Community Development Director:
Yes, I believe so.
Councilmember Tart:
Okay, well I would like to make a motion to defer RZ 10-0 1 /BC 10-0 1 and Agenda item 10-1063 to the April 26`h
City Council Meeting.
Oka
Councilmember Thurman:
And Ill second that, but can I amend your motion to state that these need to go back to staff and planning
commissions specifically?
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 20 of 37
Councilmember Tart:
Ill agree with that, yes ma'am.
City Manager Lagerbloom:
Okay, wait ... you can defer to the April planning commission meeting. You're actually going bring it
back to the council during the zoning agenda in May.
Councilmember Zahner Bailey:
Okay can you be specific as to what that date is?
Mayor Lockwood:
We need to make sure Councilmember Tart's...
Councilmember Tart:
I need to withdraw my motion if she will allow me to withdraw my motion.
City Manager Lagerbloom:
Let's get staff to set the correct date for the motion to be deferred to the planning commission in April and then be
brought forward to the City Council at the regular scheduled zoning agenda on May 17tH
Councilmember Tart:
low" Okay, I would like to make a motion to defer agenda item 10-1063 RZ 10-0 1 NC 10-0 1 so that it can go before the
planning commission in April and come back before us at the May 17th council meeting.
IVAN
Councilmember Thurman:
And I will second that.
Mayor Lockwood:
Okay I have a motion by Councilmember Tart, second by Councilmember Thurman. Is there any discussion?
Councilmember Longoria:
Well, no I can't think of sending this back to staff to take a review and sending this back through the whole
process again. I think that is very difficult and I can't imagine the petitioners willing to go through another month
and a half of this or the residents involved to go through another month and a half or two of this. So, my concern
revolves all around safety and I don't see how we are ever going to get this parcel to work as a gas station given
its proximity to the residents in the area and so I just have a hard time pushing work out into the future when we
can make a decision today. So I just want to make sure that everyone understood that. I understand that we are
trying to follow the right process and I am in support of that, but to me its almost like pushing this out is more
painful than making a decision.
Mayor Lockwood:
Okay. Julie?
Councilmember Zahner Bailey:
Thank you Mayor. I do appreciate those comments of Councilmember Longoria. I would like to speak to it
because I know that there is a comment made that we always go back, I think that the distinction has been both
am" before this council as well before other jurisdictions is that it really goes back to is there going to be a significant
difference? So maybe it is in the vernacular that some of us are using but is it significant or is it not? When I look
at the distinction between intensity of use I don't know that I see a big difference in the significance of whether
we are talking about 2,370 square feet versus 2,400. 1 mean, the use is the same. The proximity and transition
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 21 of 37
policy from single family residential to the use that is more intense at an acute angle parcel, I would have to agree
to send something back through a process when indeed that means from my perspective some of those changes
are not significant. The concurrent variance, yes that went away, but the intensity of use, the proximity to the
single family residential, the lack of transition policy that is a requirement on our next year's policies, and the
environmental issues are still there. The fact that you don't necessarily have mechanism to accommodate the
transition of the transportation plan going forward based on a master plan that was put before us about the
Bethany Bend expanding. For all of those reasons and perhaps more that have been articulated, I have much
support for the comments that were just made but to send it back to simply go back through that process, and if
some of us don't believe that it is a significant difference, I think it would be worth a reconsideration.
Mayor Lockwood:
Alan, do you want to make a comment?
Councilmember Tart:
And I do share the same concerns that the Councilmember Zahner Bailey and the others have raised as well,
councilmember Longoria as well and more that we didn't articulate here tonight because of time or whatever.
However, I have heard staff on more than one occasion say that they needed more time to review the application
and I think it is in our best interest legally to ensure that staff provides us with the information that we all need to
properly rule on this case.
Councilmember Lusk:
I would like to reiterate what I said before. We may pass down this trail again but I think we have established a
wpm procedure and protocol here where we have done recommendations from staff and from the planning commission
or DRB and I think it is only for the sake of consistency I think we ought to stick with that procedure and move
forward.
mum
Councilmember Longoria:
If we move forward and send it back to the staff in order to make a good decision, I need to know more about this
impact related to if this was approved what we can expect. Specifically, I would need to know what kind of
issues we would need to consider when that thing comes up and I would like some input from the fire department,
public safety, and others in terms of what we are looking at if something bad were to happen on the site because
to me that is the real issue that won't go away. And that doesn't help me make a decision.
Mayor Lockwood:
Is that something the staff can include?
City Manager Lagerbloom:
Mayor, if you would just allow me for a second, where we are in respect to this one, we had an initial application
and staff conducted a thorough review of that initial proposal. That was the proposal that went to the planning
commission which caused them to make a review, decision, and recommendation. Certainly, if you all feel as
though you have been provided enough information tonight to make a decision, we are fine with that. If you
would like a complete staff review of now this new modified plan and would like the planning commission and
the DRB to weigh in, that is what the defer will do. It will cause us to do now for this new plan what we had done
for the first plan.
VM-. Mayor Lockwood:
Alan, you have a comment?
Councilmember Tart:
Along that same thing as Councilmember Longoria would need more information, I would really like more
information about item number seven and staffs analysis about whether the zoning proposal will be considered to
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 22 of 37
..,,
be environmentally adverse to the natural resources environment for the citizens and there is a general statement
lba.0 that made that may adversely affect the environment. This is an example of the location of underground retention
pond in relation to the tanks. That is something that I would like to know about and have staff consider.
Councilmember Thurman:
One last thing really quick is I would like input from community on the revised plan too because I have a letter of
petition asking us to deny it that was specific to the site plan previously before the planning commission so I want
to make sure we know what the communities input is to the revised plan. I know what it is, but the fact that this
was specific to the current six pumps I think we need to make sure we understand what the thoughts are.
Councilmember Lusk:
To address item number seven, I would like to know what provisions are being incorporated to prepare
contamination of the underground retention pond whether there be a fuel spill on this property and we wouldn't
know which way the runoff runs.
Councilmember Zahner Bailey:
I just wanted to respond, I saw a lot of heads that were shaking. I know a lot of folks have spent a lot of time
coming to this meeting, I know that we all have received letters and obviously speaking to both the original and
the revised and we have heard from citizens that have spoke at the microphone just a little bit ago, speaking to the
revised plans so I just wanted to acknowledge the fact that we have gotten letters relative to the revised site plan I
think as Councilmember Thurman was saying we obviously have received some from those that only spoke to the
initial but we are aware that we have gotten some letters.
NP—
Mayor Lockwood:
MONO Okay, we understand that and obviously it has become council's decision as we move forward and vote on this. If
it is deferred, the they will have an opportunity to give any additional comments based on this different
information but at this point there is motion and a second on the floor, all in favor please say I?
Council:
Mayor Lockwood:
Any opposed?
Councilmember Longoria:
Nay.
Mayor Lockwood:
It passes six to one with Councilmember Longoria opposing. Okay, will the City Clerk please sound
the next item.
Interim City Clerk Gordon:
The next item is ZM10-01 Birmingham Highway (SR 372) (West Side) and Crabapple Road (North Side) a/k/a
Braeburn by John Wieland Homes and neighborhoods, Inc. To request a 5 part modification to Z05-117 for the
following:
wpm
To modify Condition l .d, which currently allows up to 54 townhomes at a maximum density of
0.86 dwelling units per acre to allow up to 47 townhomes at a maximum density of 0.75 dwelling
units per acre based on total acreage zoned, whichever is less.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 23 of 37
2) To modify Condition Le, which currently allows up to 45 single-family residential units at a
maximum density of 0.72 dwelling units per acre, to allow up to 52 single-family residential units
at a maximum density of 0.83 dwelling units per acre based on total acreage zoned, whichever is
less.
3) To modify the required minimum lot size in Condition Lf from 18,900 square feet such that no
more than three (3) lots shall have a minimum lot size of 10,890 square feet (approximately'/4 acre)
or above, at least three (3) lots (Lots 11-13) shall have a minimum lot size of one (1) acre or above,
and the remaining lots shall have a minimum lot size of 14,500 square feet (approximately 1/3 of an
acre) or above.
4) To modify Condition 2.a to replace the revised site plan received by the Fulton County Department
of Environment and Community Development on June 7, 2006 with the revised site plan received
by the Milton Department of Community Development on February 4, 2010.
5) To modify Condition 3.e to reduce the 15 -foot building separation to a 10 -foot building separation
with a 5 -foot side yard setback for lots less than one (1) acre.
This is Agenda Item number 10-1064. The first presentation was on March 1, 2010.
Mayor Lockwood:
Pp.„, Okay, Ms. Tully?
Lynn Tully, Community Development Director:
Yes, thank you. Again, this is a sidebar that I believe all of you are familiar with so I won't go through the
specifics of that. But I will skip straight to the analysis. The conditions that they are requesting to be modified
are five conditions, the first two of which are kind of paired together. They lose their requesting to move seven
town homes in Plot A and replace them with seven single family homes in plot B. Basically that is what they are
asking. The modification to decrease this number of town homes and increase the number of single family
residential lots is not going to negatively affect the overall site plan and is a density neutral exchange. In
condition number three, they are asking to modify required minimal lot size from 18,900 square feet such that no
more than three lots should have a minimal lot size of 10,890 square feet and that some specific plots should have
a minimum lot size of one acre above, 3 particular lots that are joined in the existing subdivision. The remaining
lot should have 14,500 square feet or above. Again, in this particular request they are reducing the lot size to
increase the single family number of lots, however, I will state that they are concentrating those smaller lots
primarily within the interring of what is called Haybridge Lane on the submittal. Again, that would be the interior
lots to the proposal. So all of the exterior lots remain at approximately 30,000 square feet or more in most places
but not all of them. They are much larger lots. There are three smaller lots that are 11,000 square feet and smaller
lots are on the southeast corner of plot B and they are lot numbers 50-52 and those lot sizes do range from a little
over 11,000 square feet to 13,000 square feet. I would like to ask that you note that those lots are adjoining the
existing Crabapple Crossroads development. So before modifying the condition that revises the site plan, is
standard when you revise the site plan so I don't see any reason to go into that in too much depth. Number five
modifies the condition in which reduces the 15 foot building separation to a 10 foot separation with a 5 foot
setback. Now the originals did have on them a 5ft 5 yard side yard setback so the original separation would have
been at least a minimum of 10 feet, they however did condition it to a minimum of 15 feet separation but it did not
no" change the 5 yard setback in this modification they are asking to change that and reduce it down to 10 feet.
Essentially, this allows slightly larger houses on the small lots that would have typically been proposed and would
bow meet setbacks. The proposed modifications do appear to be in keeping with the overall intent for this
development from the Fulton County Board of Commissioners original zoning and therefore staff does
recommend approval of ZM10-01 parts one through five with conditions. Please note that among those
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 24 of 37
conditions, condition 4c has been amended by our public works department and that amendment stated and in tact
bNow even allowed to relieve that amendment of that entire condition.
C. To provide all road and pedestrian improvements along Birmingham Highway in accordance with
Georgia Department of Transportation (GDOT) permit issued November 15, 2006 or as may be
modified and approved by the Georgia Department of Transportation and the City of Milton
Public Works Director. Said improvements shall include the relocation and reconstruction of all
existing infrastructure improvements that may have been constructed after the GDOT permit
approval. All improvements shall be completed within one year of this zoning modification
approval unless otherwise extended by the Director of Public Works due to conditions outside the
control of the developer as it relates to easements public utility relocations, or other items within
this scope of work.
And that is the end of that condition.
Mayor Lockwood:
Okay. Are there any direct questions from our staff at this point from council?
Councilmember Lusk:
The modifications for 4c, does that address the right of way expansion on Birmingham Highway on the opposite
side of the road?
Lynn Tully, Community Development Director:
No sir, that speaks to the existing sidewalks and other improvements along Birmingham. They're in existence
...rr such that those could be replaced.
Councilmember Lusk:
Okay, I just wanted to make sure that wasn't wrapped into this application.
Mayor Lockwood:
Do you have any more specific questions? If not, I am going to ask those speaking in support to go first.
Woody Galloway, 3500 Lenox Rd. Suite 760, Atlanta, GA:
Hello City council, my name is Woody Galloway. Last year, we filed modifications for this request. We ended
up withdrawing that request in order to give additional time for those homes in these neighborhoods to work with
adjacent property owners to deal with the restoration project to deal with prior issues before going with the
proposal and also to allow time to revise the site plan to bring back that would be more acceptable to the
community. We think we have been successful in doing both of those things. An agreement was reached with
Mr. Kish and Mr. Anderson on this buffer restoration project last fall, as a result of that in November of 2009 we
received approval from the Core of Engineers for that project. On March 10 we received approval from EPD to
go forward with the project as well, John Wieland has now submitted as of today, plans of the city to implement
that restoration project. So that is ready to go forward as soon as the city approves the plans then we will begin
implementation of the buffer restoration plan. In addition to dealing with we have gotten some drawings of some
homes and neighborhoods as a proposed and approved modified plan from that which was previously considered.
amm The plan before you tonight adds seven single family homes, to the site in replacement of seven town homes
shown on the original approved plan. The total density of the plan remains the same. It is density neutral so you
have seven new single family homes and seven fewer town homes. This plan has been reviewed by Kensington
two Farms which is the adjacent neighborhood by the board of the Home Owners Association and John Glenn who is
the president of Kensington Farms is here and wound like to speak in support of the application.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 25 of 37
Jonathan Glenn, 220 Croyton Terrace, Milton, GA:
It is not going to serve any of us to rehash the long history of this property. I believe the council is familiar with it
and I know that certainly Councilmember Thurman, Councilmember Lusk, and you yourself Mr. Mayor are
familiar with it. I want to say that all things considered I am speaking on behalf of the Homeowners Association
we support the requested modifications before you tonight. We think they are an improvement over the existing
plan and we think it is in the best interest of all concern that this development go forward and this property can
build out. If we remain interested in and concerned about the street mediation and maintenance and items like
landscaping and lighting but as I said we do favor the approval of this plan. Thank you.
Mayor Lockwood:
Thank you.
Woody Galloway:
The staff has pointed out.... (inaudible).... lots 1 all the way over through 21 basically is the same layout as that
approved by Fulton County except for the fact that Fulton County approval had removing in the area in this area
backing up to Kensington Farms. During the approval that was supposed to be moved and relocated as a part of
the approved of the new site plan that would be submitted with the development. That has been done, but all of
these lots remain basically in the same configuration as well as these lots here. The additional lot has been added
along this side of the road and on this side of the road, 1 here, 1 there, 2 there, and 1 here. That makes up the 7 lot
difference. What that also did by decreasing the number of town homes allowed these town homes to be wider,
bigger, more expensive town homes than previously planned for the development so we feel that the overall profit
is much better and it will yield higher tax for the city and would be in keeping with surrounding areas. Thank
qw. you.
Mayor Lockwood:
Is there anyone else in favor of this that has a card in?
City Manager Lagerbloom:
We have many cards that were represented by this last speaker.
Mayor Lockwood:
Is there any in opposition?
Interim city Clerk Gordon:
We have one, Jeff Kish which I will read into the record.
To Whom it May Concern:
It has come to our attention that a rezoning hearing is scheduled for this evening related to the Braeburn
Subdivision located off of Birmingham Highway for which John Wieland Homes is petitioning for zoning
modifications. These modifications appear to be very similar to the prior zoning request which was
allowed to be withdrawn before a council denial.
At the prior meeting, I expressed my concerns over the council's decision to allow JWH to withdraw a
petition so that they may return at a later date when opposition is not present. As suck, a family
emergency has occurred today to where neither my wife nor I can attend. My very concern at the last
,,,"" meeting has come to fruition -rescheduling until opposition can't or won't be heard.
Also, the zoning modifications brought to the Council increase the density of the development within
No" Braeburn. Increased larger unites on less acreage while reducing the spacing between the units to 10 feet
can only be characterized as an increase in density -even as the number of townhomes are decreased. This
does not comply with the Crabapple Master Plan. John Wieland agreed to the current zoning and now is
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 26 of 37
asking to modify to meet his desires. His desires have not included complying with any of the promises
UMMA to which he has previously agreed. JWH said at the last meeting that he would communicate with us to
develop a better relationship within the community. We have received no communication -verbal or
written from JWH about the rezoning. JWH went to our HOA and found neighbors who are not directly
affected by his development amendable to change.
I respectfully ask that the JWH petition be denied at tonight's meeting and that John Wieland Homes be
held accountable for their actions within the community by complying with previously agreed to zoning
restrictions and future development processes.
Jeff Kish
545 Kensington Farms Drive
Milton, GA
And the next person is William Anderson.
William Anderson, 565 Kensington Farms Dr., Milton, GA:
Good evening and Council members my name is William Anderson. My property is adjacent to the John Wieland
Development. I can support his proposed changes that have been presented tonight but I would like to call your
attention to some of my problems. I appreciate very much the update on the remediation permitting process and
we will look forward to our streams being restored. I do want to comment on one of the promises that were made
in an informal meeting last summer which we were told that John Wieland Homes would issue an insurance
policy that would carry over to the Home Owners Association that would guarantee the performance of the dams
that have been erected over the streams. I am not aware of whether or not that insurance policy has been obtained
IKO" but it does need to be entered into the record that that was a promise made. Finally, on the issue of the sidewalks,
that is a fairly recent issue of discussion and I don't believe the city has yet approached the owners of the property
on the eastern property on Birmingham Highway as to how that land would be obtained but certainly you need to
have some discussion on that. Finally, I find that strangely ironical that tonight with the declaration of Arbor Day
that this particular petitioner is coming to you with the request for his development, keeping in mind that he is
indeed the same gentleman John Wieland who destroyed 60 acres of trees two years ago. Thank you.
Interim city Clerk Gordon:
That is it for the comments, sir.
Mayor Lockwood:
Does anyone have any rebuttal?
Woody Galloway:
We would like to address as far as the issue of the insurance policy that protects and insures the performance of
the existing retention pond. The retention pond has been under great stress as you can imagine over the last 2
years or so and has performed and has not had any structural problems at all. We feel like it is time for this
development to go forward. John Wieland has prepared to go forward with this development now and we will get
activities started on the site, trees will be planted as the homes go in and it will become a beautiful neighborhood.
One of the things that I think is important to know as it relates to Mr. Kish, is the fact that both Mr. Kish and Mr.
Anderson is that north of the pond and in that area those lots have not changed once so ever. As I indicated
MOM earlier, the amenity was in the northwest corner of the site but even under the Fulton County approval it was
designed to have sat here and with that being said, single family lots that are ... (inaudible) ... those have not
"W" changed nor have the lots on the immediate other side of the road up there at the horseshoe in addition to
variances as it relates to set backs are not plausible because it doesn't apply to lots that are more than 1 acre in
size. So there are no changes at all as it relates to Kensington Farms on the western side of the development,
there is the lots that are there instead of the amenity but the total number of lots along western side is the same.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 27 of 37
And so we feel like this is a great improvement. There was a lot of work .... (inaudible) ... from the original
proposal which sought the density neutral plan increasing by some 16 homes and decreasing the lot by some 16
homes so it is density neutral, there was a unit plan as well. So this is a substantial change from the original
proposals, a lot of work is going into this, and we feel like it is time for the development to go forward. I am
going to leave copies of this here if you have any questions but we have gone forward with trying to do the things
that came up last time.
Mayor Lockwood:
Thank you. At this time I will close the public hearing and open up for Council discussion. Do I have any
questions or discussions for staff or for the applicant, council? Joe?
Councilmember Longoria:
I think that the gentleman who is the president of the HOA already left, is that correct? Then I have
question for Mr. Anderson. Did you guys vote on this as an HOA or was an action that the board came
to an approval or were they working with you on this?
William Anderson:
It is a homeowners association meeting that was attended by approximately 20 residents attending back
in February and that they did give approval for compliance as submitted.
Councilmember Hewitt:
`" I just wanted to make sure I understood you when you were speaking just a couple of minutes ago that if
some of the other issues that you have spoken to us before with moving forward, did you say that you do
support these changes? Did I hear you right?
William Anderson:
I do support the changes with the provisions of the areas of concerns that I expressed.
Councilmember Hewitt:
Thank you.
Mayor Lockwood:
Okay. Anymore questions? Alan?
Councilmember Tart:
Yes, I have just one question. I know that there has been a statement made that the overall site plan is density
neutral with seven fewer townhomes and seven additional single family homes. Can staff speak to increase the
density on the lot sizes though? Because if I am understanding this correctly, although there is an overall density
neutral to the site plan, there is an increase in density to the individual lots with the homes being larger on smaller
lots with less spacing in between the lots? Is that correct?
mom
Lynn Tully, Community Development Director:
Yes, I can speak specifically to the dwelling units per acre for each pod if that is what you are concerned about.
Vm"
Councilmember Tart:
Okay, before and after?
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 28 of 37
Lynn Tully, Community Development Director:
Yes sir. Pod A which is the 10th house pod reduces the density 13.72 acres from 3.57 to 3.06 dwelling per acre.
Pod B which is the single family portion increases the density by seven single family lots on 48.28 acres and
increased the density from .93 dwelling units per acre to 1.07 dwelling units per acre. I understand that the
Crabapple Crossroads Plan has a maximum of one dwelling unit per acre based on the Fulton County zoning, they
did consider that but what they did was that they included the entire acreage of the site that was being zoned when
they calculated the density per acre. So we had done the same in our evaluation.
Mayor Lockwood:
Bill, any questions?
Councilmember Lusk:
Yes, just to bring up the same point that I had asked before which was the second point that Mr. Anderson
brought up was the right of way issue on Birmingham Highway. That is not included in this application.
Lynn Tully, Community Development Director:
No sir. No additional right of ways are shown on Birmingham Highway at this point. I will again defer to Mr.
Lucas from Public Works as out master transportation plan.
Carter Lucas, Public Works Director:
The condition that was out of that condition was added to address the sidewalk work on the east side of 372 that
we handled as a separate issue as we worked through easement acquisition with the property owners that are
involved with that.
Mayor Lockwood:
Can you confirm if you worked with those owners?
Carter Lucas, Public Works Director:
The process has been going on for about two years and we have gone back and forth with property owners on the
easement documents and will continue to do so until we can acquire those easements.
Mayor Lockwood:
Okay, thank you. Julie, do you have any questions?
Councilmember Zahner Bailey:
Yes, Mayor I do. Thank you. I appreciate the input of everyone, the applicants, and those who have concerns.
The concerns I mentioned the first time this was before us remains my concerns and that is the minimum lot size
that was approved by Fulton County was for roughly 18,900 and we talked about density neutrality and the
deceiving part of that, unfortunately, is the fact that making up the totality of the land, it takes into account all of
that land that was marked developing. So it is a little deceiving and I realize that is a calculation that can be done.
I think that sometimes the calculation is when you actually look at that lot size and think about when this is built
out, are you going to have more house on fewer acres with less space between homes and the answer is yes. And
what was contemplated after 2005, and even the outcry for citizens then, that even then they thought that 18,900
was too intense and what is before us this evening is to step out there even further to virtually a 10,000 square foot
mom lot which is about a quarter of an acre and so it is not just that we are adding an additional seven single family
lots, but it is that those single family lots are more intense and ill ask instead of talking generically about Pod A
mow and Pod B, could we, and I hope you have this available because I don't want to ask you something that you will
have to go calculate, but in terms of the number of lots that are in these pods they are going to be more intense
than what was originally contemplated as the 18,900 your odds are probably better than mine, I looked at this a
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 29 of 37
lot, but could you confirm based on the revised site plan, how may actual lots are we looking at now that will be
in conflict with what was originally approved and what has been the expectation of the citizens.
Lynn Tully, Community Development Director:
I believe it is 28.
Councilmember Zahner Bailey:
Whether is it 28 or 27 and 30, my point being is that when you talk only swapping out some seven townhomes for
seven lots yet we have increased the number of lots, but we have also significantly impacted the number of lots
and that is approximated to 30, they are now going to represent a lot size that was never contemplated for this area
coming to Milton which is effectively immediate adjacent to true one acre land lots. I also want to mention to
those that are looking at this plan, yes there are some land lots that are discussed as being 1 acre that are adjacent
to Kensington Farms, the reality is that the majority of that one acre is undevelopable so it is going to take that
hassle and its going to take house and push it right up right next to a house within a separation of 10 feet and I do
think that a separation of 10 feet is not something that we should discount. 10 feet is not much space. I could
probably throw a bag of sugar to you or not, maybe you don't need sugar, but I could throw something of light
weight within 10 feet and effectively we are saying that throughout this entire development, we are also going to
approved a concurring variance based on what has been presented to us, that we will have every building on 10
feet apart and the reality is that again going back to 2005, 15 feet was a really tough pill for the citizens to
swallow, much less 10 feet. It's not just that 1 house will only be 10 feet, it's that the majority and the totality of
this development over 60 acres will suddenly have buildings only within 10 feet of one another and so that we
need to think about it and remember what that is going to look like once they are built out. Part of what we had
,," talked about when this last came before us, was what could be done to revise the site plan to have it be in keeping
with the master plan. I respect Mr. Wieland and I respect the developments that you do, my request would be that
a protection of our citizens and a protection of the product of the master plan, is that that will get more dense than
law what was already approved back in 2005 is that will ask the development to continue but to continue in keeping
that was originally and legitimately approved from Fulton county for almost 19,000 square feet to land lots that
are closer to 10,000 square feet, that is a dramatic difference. That is a change of about 45% to 50% on some of
the land lots. That is a huge distinction in an area that is supposed to be transitioning back to true 1 acre
minimums. It is not in keeping with what our citizens really wanted and I realized that this has been a long
process. A long process shouldn't force us to suddenly say, you know what? I guess we really didn't mean it
when we said we would stick to the density that was approved. So this Councilmember on behalf of the citizens
that I represent including those that couldn't be there tonight that provided this letter before us, I represent their
interest and I am concerned for them and that they have asked that we consider not allowing this to max out at
either more density than what was approved. I think that is a concern for adjacent neighbors, I think it is a
concern for the precedent that it sets, its counter of the Crabapple Master Plan, counter what citizens have
requested, the impact of that site is significant and I do believe that we have not gone far enough in terms of
addressing Mr. Buck Bell's concerns, he was with us just a few meetings ago asking that we consider how to
handle the sidewalks. I think for this sort of density approval to presume that is going to get worked out without
the specifics having been defined, I don't think we can leave that to chance. So if this council in any format is
going to consider proceeding with this request, I think we have to make sure that we have addressed the concerns
of Mr. Anderson, that we have addressed the concerns of Mr. Buck Bell who came before us a few meetings ago.
I don't know if the conditions that have been put before us address that. I also am pretty sure that there is an
insurance policy dealing with the existing detention facility, has staff received evidence of at least that insurance
policy? Do we have that on record? I'm not questioning whether or not you have, I just didn't know if that had
been part of the information that we had received.
,e.
Lynn Tully, Community Development Director:
+ow We do not have a copy of their insurance record, we do however have bonds on all of the work that has been
proposed thus far.
Councilmember Zahner Bailey:
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 30 of 37
.."
I think that everyone thought that Mr. Anderson's point is there are two issues. One, is there an insurance policy
for work done to date? And the other is what insurance policies are going to be put in place for the work that has
yet to be put into place? There is a tremendous amount of work that still has yet to be done because we know that
there is fine of 150,000 dollars on this property because of violates of the EPD and EPA and for us to proceed
tonight assuming there is an insurance policy only dealing with that that was constructed back handedly in
violation of a state and federal law. I think that again, we are doing a disservice to some of the people that have
spoken to us tonight and to the future of other waterways. I believe that we need to have specifics that are were
also insured, the insurance policies and bonding for those future activities would be done and be heard from the
applicant this evening but some of those procedures have not been finalized and I know that we have some
members of our staff here that know quite about process and reviewing the stream buffers, staff could you speak
to whether or not we have all of those things solidified in terms of how it's going to be bonded and insured going
forward for the stream buffer enhancements.
Lynn Tully, Community Development Director:
Yes Ma'am. Currently, the stream restoration project is in permitting with other entities. They have to fulfill
their requirements with both EPD, the Water Conservation commission, and our local district as well prior to our
approval. So, we are working through that and we have just recently gotten their stream buffer restoration permit
as recently as a week or so ago in fact and when we get the plans in for our review from that permit then we will
also be requiring as we would on any other project.
Councilmember Zahner Bailey:
*oft So at this point, we have not yet reviewed the stream but it has been approved by EPD, EPA but we did not yet
approve that or permit it, correct?
ftw" Lynn Tully, Community Development Director:
That is correct.
Councilmember Zahner Bailey:
And I want to put this out for anyone's consideration and I think Councilmember Lusk made a good point on an
earlier resigning, is it either significant information but either outstanding or significant information? I think the
ultimate permitting would let that stream mediations, we haven't seen it, I know I haven't received it, I know that
may people on this council, myself included, and councilmember Thurman, Lusk, and other citizens and we
haven't been provided that stream mediation and while I would love to have faith that we find out the correct
insurance place, I understand that the citizens want us to be able to confirm that. I don't know tonight that that
has been confirmed so I think that we need to give consideration to that especially if we are going to be consistent
with how we address it. The other thing that, again I would request is that we work through the issue of sidewalks
and that we not save that for a future day. That was an issue that we have heard now from multiple citizens.
Again, I think were saying we hope to work it out, but if you could just confirm Mrs. Tully that we have not yet
confirmed how we are going to handle those easements and/or if we are going to end up with sidewalks on both
sides of the roads which would be consistent with the Master Plan.
Carter Lucas, Public Works Director:
The development agreement would have sidewalks on both sides of 372 and so the sidewalk on the east side
would be relocated to complete the left turn lane installation would be required as a condition of zoning that we
have proposed tonight as well as a development agreement that has been submitted by John Wieland Homes. We
also have a performance bond in place to do that. We have worked through the easement drawings and I think we
have a good idea, actually we know where the sidewalk will go and the impacts that it will have and I think those
have been presented to the property owners so any significant request from the property owners I think they
wanted to move forward with the acquisition of those plans.
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 31 of 37
Councilmember Zahner Bailey:
,,"„ So I'm assuming the negotiation of what that would be to them? You said that you have spoken to them.
Subsequent to maybe one of the folks that we have heard from recently?
Carter Lucas, Public Works Director:
I'm going to be honest with you, that has been handled with Sara through our transportation group and I have not
been personally involved with the discussions with the property owners but as I understand it, the documents that
have been presented short of one property owner requesting some additional clarifications on the impacts of the
sidewalk relocation. I'm not aware of anything other than Mr. Bell's comments last week of any opposition to the
granting of those.
Councilmember Zahner Bailey:
I appreciate that update. I think the point is it hasn't been finalized.
Carter Lucas, Public Works Director:
It has not been finalized as of yet.
Councilmember Zahner Bailey:
In short there has been some healthy discussion that hasn't resulting in a legally binding conclusion and I just do
not desire leaving those kinds of things to chance based on what we have been hearing. In quick summary, I'm
not concerned about the increased density, its countered on what was on the master plan, its countered on what the
zoning was back in 2005, and we have at least 28 lots that would be increasing the density in this area of Milton
and specifically in the Crabapple master plan which is inconsistent with the master plan. We have not seen that
stream mediation.
Woody Galloway:
We received a plan this afternoon but I have not had time to really look at it much. The plan involves the site plan
as well as a narrative component to the plan. This type of plan remains itself more to several different
methodologies as they go though there so that the plan is more narrative than it is actually pictorial and we
actually have that plan and they just got their state variance. We are not allowed to submit a plan to the
commission for them to review until we have all of our proper variances and so forth. So having just received
that and the plan, we will be reviewing for comments and then when we get through with that we will be sending
to the commission for their review. They will have approximately about a month to do their review and give
comments back and then we will approve it. And then after that approval, it will need to go to Fulton County
water conservation district. We will go with them to that and through all of this process. So we are still probably
two or three months from actual permitting for the restoration. It is taking a long time but the biggest part of that
was gaining the variance from the state.
Councilmember Zahner Bailey:
That is very helpful. Can you just confirm that you have received that stream mediation plan today and that you
have not had a chance to look at it, I think that's what I heard you say.
Woody Galloway:
Yes. We got it today at about 3pm maybe even between 3pm and 4pm and I haven't had a chance to look at it
very much and if anyone would like to look at it we will have it out where anyone who wants to see it can look at
•OMM it and see what's going to be done as well as the narrative component to it.
6W& Councilmember Zahner Bailey:
I really appreciate that. I guess my point about that is that we have got a case before us that honestly relates to
stream mediation so I ask that we consider perhaps at the time to have our staff review it, but we just got it, it has
not been reviewed, so we do not know what that plan demonstrates. I honestly hate that it's going to be consistent
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 32 of 37
with what our expectations are but until that has been reviewed by our staff, we don't know what your analysis is
aft1„ going to be so ill hold anymore comments until others have had a chance to speak but I surely hope that you
would take that into consideration and hope that that would be considered before in the additional resuming
modifications are made.
Councilmember Thurman:
A couple of things, I want to thank you guys for going back and coming up with a plan that is much more in
keeping with what the community had expressed. As far as the stream mediation, it is my understanding that that
won't really impact any of the current lots and if it does impact them, ya'll will definitely take that into account
and then we will have to come back through us again if it changed anything significantly.
Lynn Tully, Community Development Director:
That is correct.
Councilmember Thurman:
It is my understanding that this plan is considered density neutral based on your calculation because it basically
goes on square footage and that is based on the number of units per acre and based on your calculation it is
density neutral.
Lynn Tully, Community Development Director:
Yes ma'am and again, that is based on the Fulton County method of calculations that they used in the original
zoning
Councilmember Thurman:
,w. And it is also my understanding that the minimum square footage of houses is going to remain the same so that is
not changing, was that a condition of the original zoning?
Woody Galloway:
Actually, the total square footage would go up because you would have more single family...
Councilmember Thurman:
But the actual minimum square footage for the houses is going to be the same quality type of home it was? And I
know that Councilmember Zahner Bailey pointed out that 28 of the lots were actually decreasing below the
18,900 but it also my calculation that 26 of the town home lots were actually increasing in the size based on this
slip. You also state as one of the conditions which was on one of the original conditions was that 3 of the lots
would be one acre or more. According to this map there are actually 9 lots that are 1 acre or more and that is
consistent with what the original plan reflects?
Woody Galloway:
That is correct. The site plan is a condition of zoning.
Councilmember Thurman:
So there would be nine lots adjacent to Kensington Farms would all be one acre or more and that was consistent
with what the plan was when it was approved by Fulton County?
WPM" Woody Galloway:
Right.
Councilmember Thurman:
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 33 of 37
smom
It is my understanding that based on the conversations that we do have some small lots and really this is a
O,, transition from the zoning that is adjacent to it and we can also transitioning from smaller townhomes to larger
town homes to a single family on the smaller lots to the one acre.
Woody Galloway:
That is correct.
Councilmember Thurman:
So really, from a planning standpoint, this is a better transition than what the original plan....
Woody Galloway:
.....(inaudible)... adjacent to Crabapple Crossing, those were the smaller lots are and the transition to the north.
Councilmember Thurman:
And what are the minimal lot sizes for the Crabapple Crossing that has been approved?
Woody Galloway:
Quarter acre lots. So it is consistent with the smallest lots that we have.
Councilmember Thurman:
I know there have been comments made that all of the houses are going to be 10 feet apart, how may houses do
you really expect to have with just a 10 foot space?
Woody Galloway:
Mr. Wieland had drafts done to provide flexibility so you have a variety of house styles, you have lots that have
different topography to try and deal with all of those issues and try to provide the best overall product that you...
Councilmember Thurman:
You're definitely building some pretty big houses if they are only 10 feet apart.
John Wieland, 4125 Atlanta Rd., Smyrna, GA:
I think the bottom line is really that if we could have we would have submitted the current plan to begin with. It
is a much better plan and much better than in transition from Crabapple Crossing and still maintains the full acre
lots against Kensington Farms, that's why I think Kensington Farms is supporting it and one of the most
important facts is many of the townhomes are wider and bigger and that is very significant because many of them
are 40 feet wide and most of the homes in Crabapple Crossing are less than 40 feet wide. So it's going to give
more room on the first floor which is very attractive to homeowners and we are really committed to high quality.
And a very unfortunate thing is happening in Atlanta these days and that is a lot of people are going broke. The
banks are taking them bank and selling them cheap and this is happening in Milton so they are pushing house
prices down, your tax revenue is down, you have a high quality, upscale development as we have always been and
as we do in all of our neighborhoods. So I respect that you request an approved modification and I think its good
for the city, its good for us that we are asking, were being honest about that, and we really look forward to doing
something that is special. And that is my business. So I would be glad to answer any questions.
Councilmember Thurman:
""" What is your expected time table? What I have heard from your community is they understand the problems in the
past and they are ready to move forward, they want this area developed, they want trees planted back there, what
WA" is your time table?
John Wieland:
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 34 of 37
Well, we would start just as soon as possible. We are ready to start the financing and really excited about it. We
feel that there is a demand for high quality new homes and then it is up to the market place as far as the
construction.
Councilmember Thurman:
And I will confirm what Mr. Anderson said, I did go to the Homeowners Association and I am the one that made
them take a vote because I felt like it was very important that they have something official for the record so that
they could present on behalf of the homeowners association and it was unanimous at that particular meeting and
only about 20 of them came but a good percentage don't come to a lot of meeting and they were all in favor of
moving forward and we felt like this plan was better than the previous approved plan and that it was a better
transition and that they were in full support of approving the zoning modification and getting houses built and
trees planted.
Councilmember Lusk:
I would like to clear up one issue here where a point has been dragged into this discussion when its really aside
from the discussion is the stream restoration. To my understanding here is there is an agreement outstanding
between Wieland Homes, Mr. Anderson, and Mr. Kish solely for the purpose of restoration of the stream and this
restoration plan has been developed by a professional restoration organization. The rest of the process goes
through the different reviewing agencies just to confirm and to approve that restoration plan. Typically, what
would be the process or maybe you can condense it, what is the probability that that would be approved by those
agencies given the fact that it has been prepared by a professional?
Woody Galloway:
The probability of a stream restoration project getting approved after the state variances is pretty good. The only
,.,., thing that will happen to be if there is some comments on the plans like put some type of best management
practice on the plan they do that then it gets approved.
Councilmember Lusk:
So nothing substantial seen in going forward?
Woody Galloway:
I don't see anything that wouldn't get it approved nearing the process.
Councilmember Lusk:
So it comes down to the fact that this is a site issue, it has nothing to do with....
Mayor Lockwood:
I'm going to step in and apologize because I may have let this go too far, but the point of order while some of
these discussions while they are very important, don't have anything to do with this particular application. With
that being said, I will apologize for us getting into that and I appreciate all of the information and what not, but we
need to finish this application and at this point I have let everyone speak so do I have any motions?
Motion: Councilmember Lusk moved to approve Agenda Item No. 10-1064, ZM10-01.
$on" Second: Councilmember Thurman seconded the motion.
Mayor Lockwood:
I have a motion for approval from Councilmember Lusk, and a second from Councilmember Thurman. Is there
any discussion?
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 35 of 37
Councilmember Zahner Bailey:
a,. Mr. Jarrard, just a quick question of clarity, in the past when we have talked about this particular case restoration
EPD, EPA, those are things that have all been germane to discussion, is there anything illegal about having that
discussion? Because all of that activity that is occurring on the parcel and I would like clarity before we proceed?
City Attorney Jarrard:
There is nothing illegal about this Councilmember Zahner Bailey, it is merely a matter of council discretion as to
how long they will allow this discussion to go on.
Councilmember Zahner Bailey:
I mean it is one thing to end a conversation about something, but to imply that the stream restoration or violations
somehow have nothing to do with the zoning, I just take an issue with that because I believe that the stream buffer
restoration absolutely has to do with how this will proceed, however the vote goes this evening I look forward to
Wieland and new representatives ensuring that the agreements are in discussion not with just Mr. Anderson and
Mr. Kish but with the entire community. A separate question, how many homeowners are in Kensington Farms?
Lynn Tully, Community Development Director:
No ma'am.
Councilmember Zahner Bailey:
Can I venture to say it's more than 100 homes in Kensington Farms?
John Wieland:
■ ow There are 71 homes.
Councilmember Zahner Bailey:
So there are at least 100, and my only point, and this is why we have a discussion before a vote, is that to say that
20 member came to a meeting and voted, not knowing that 20 of those may have been from single households and
they were not 20 separate and distinct households. Obviously there are different perspectives within the
community and I remain concerned about increased density as well as some of the agreements not being finalized.
Mayor Lockwood:
I understand your point and I take your point, but effective citizens have the opportunity to weigh in
Councilmember Zahner Bailey:
Okay Thank you. My final question has to do with trees, I'm wondering because trees are on this 6 day proposal
we are going to continue to conserve for citizens, did staff or Mark Law or did anyone take the opportunity to
enhance the number of trees planted on this parcel before agreeing to or recommending increased density on this
parcel? Is this going to consideration? We talked about it, but we do have Arbor Day today and I'm just
wondering.
Councilmember Thurman:
The staff has said that based on their calculation it does not increase the density so I don't think that we can use
increased density as a fact when staff has stated that it is not increased density.
Mayor Lockwood:
Now Stop right there. You had a question about trees?
Councilmember Zahner Bailey:
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 36 of 37
"WN. Yes Sir, my question to our city staff specifically, and I'll ask our director of community development and our
city manager, was part of this consideration this evaluation whether or not there was an opportunity to request
either larger trees and/or more trees to help litigate the concerns that we continue to hear.
Lynn Tully, Community Development Director:
We did not make any changes to the tree plan that has been originally considered.
Councilmember Zahner Bailey:
Okay. I would like to ask that those who made the motion and seconded the motion to give consideration to
whether or not adding additional tree coverage especially in light of the fact that we just had a proclamation this
evening for Arbor Day and now we are a tree city. I think we have an opportunity this evening if we are going to
increase lot size we have an opportunity to also look for some increased tree coverage in Crabapple.
Mayor Lockwood:
Is there any other discussion? Hearing none do we have a motion to approve Councilmember Lusk's, seconded
by Councilmember Thurman based on staff s recommendations, all in favor please say I.
Mayor Lockwood:
Any opposed? Okay, it passed six to one, Councilmember Zahner Bailey is in opposition.
UNFINISHED BUSINESS (None)
NEW BUSINESS
boom Approval of a Technical Assistance Grant Submission: ARC Community Choices Assistance
Program - Milton Sign Ordinance.
(Agenda Item No, 10-1080)
(Discussed at Staff Reports on March 1, 2010.)
(Presented by Lynn Tully, Community Development Director)
Motion and Vote. Councilmember Hewitt moved to approve Agenda Item 10-1080, Approval of a Technical
Assistance Grant Submission — ARC Community Choices Assistance Program. Councilmember Tart seconded the
motion. The motion passed unanimously 7-0.
ADDED BYMOTION AND VOTE
Approval of A Resolution Of The City Of Milton, Georgia Enacting A Moratorium For 60 Days
To Bar The Acceptance Of Applications For Permits For Telecommunications Facilities In All
Zoning Classifications.
(Presented by Ken Jarrard, City Attorney)
RESOLUTION NO. 10-03-144
Motion and Vote. Councilmember Bailey moved to approve A Resolution Of The City Of
Milton, Georgia Enacting A Moratorium For 60 Days To Bar The Acceptance Of Applications
For Permits For Telecommunications Facilities In All Zoning Classifications. Councilmember
Thurman seconded the motion. The motion passed unanimously 7-0.
mom
MAYOR AND COUNCIL REPORTS
UNEW
STAFF REPOTS
Regular Meeting of the Milton City Council
Monday, March 15, 2010
Page 37 of 37
City Manager Lagerbloom
rr.�r • Im glad I got to meet with you all individually, I look forward to encouraging to meet more regularly.
• We did have one published report tonight.
• I would like to ask to pass out the staff report tonight.
ADJOURNMENT
(Agenda Item No. 10-1082)
Motion and Vote. Councilmember Tart moved to adjourn the Regular Meeting at 8:46p.m. Councilmember
Hewitt seconded the motion. The motion passed unanimously 7-0.
Date Approved: April 26, 2010
.� Sudie AM Gordon, Interim Ci Clerk
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