HomeMy WebLinkAboutPacket-08-02-2007CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Neal O’Brien
Tina D’Aversa
Rick Mohrig
Thursday, August 2, 2007 Regular Meeting Agenda 7:00 PM
INVOCATION - Greg Foster, City of Milton Fire Department
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-304)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1. Proclamation to proclaim the public safety precinct located at 750 Hickory Flat Road in
Milton, Georgia to Officer May and officially name the facility the “Christopher B. May
Public Safety Building”. The proclamation will be received Mr. and Mrs. May.
(Bill Lusk, Councilmember and Chris Lagerbloom, Public Safety Director)
2. Presentation from Avensong Community Association Board of Directors.
7) CONSENT AGENDA
(Agenda Item No. 07-305)
1. Approval of the April 26, 2007 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
Page 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 2, 2007 - 7:00 PM
(Agenda Item No. 07-306)
2. Approval of the April 26, 2007 Work Session Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-307)
3. Approval of the May 3, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-308)
4. Approval of the May 10, 2007 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-309)
5. Approval of the May 17, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
8) ZONING AGENDA (None at this time / See First Presentation for 1st Readings)
9) FIRST PRESENTATION
(Agenda Item No. 07-310)
1. Approval of an Ordinance granting a Non-Exclusive Agreement with BellSouth
Telecommunications, Inc. doing business as AT&T Georgia concerning the providing of
Internet Protocol Enabled Video Services.
(Presented by Aaron Bovos, City Manager)
(Agenda Item No. 07-311)
2. Approval of an Ordinance Adopting Chapter 18, Assemblages in Public Places of the
City of Milton Code of Ordinances.
(Presented by Aaron Bovos, City Manager)
(Agenda Item No. 07-312)
3. Approval of an Ordinance and policy for the management and maintenance of the storm
water system.
(Presented by Tami Hanlin, Community Services/Program Director)
(Agenda Item No. 07-313)
4. RZ07-005 / VC07-002 – 855 Mayfield Road to rezone from AG-1 to MIX to develop a
total of 15,000 sq.ft of medical office; 3,500 sq.ft of commercial; and 9 residential units.
Request to reduce the 75-foot buffer and 10-foot improvement setback to a 15-foot
landscape strip adjacent to AG-1 by Milton Medical Holdings, LLC c/o Jay Davis.
(Presented by Tom Wilson, Community Development Director)
Page 2 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 2, 2007 - 7:00 PM
(Agenda Item No. 07-314)
5. RZ07-008 - 15260 Hopewell Road to rezone from AG-1 to C-1 the existing 1.179 square
foot structure by Mark King. (Staff notes that MIX was the inappropriate district to
request and the request has been amended to C-1 and a concurrent variance is needed.)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-315)
6. RZ07-009 / UP07-002 / VC07-006 – 3455 Morris Road to rezone from AG-1 to A (Staff
notes that the site is currently zoned A pursuant to Z06-124 and therefore the rezoning
petition RZ07-009 portion of the request is not needed to develop a 9,500 square foot
Montessori School and a concurrent variance to decrease the 20-foot landscape strip to 10
feet along Webb Road.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-316)
7. UP07-001 / VC07-004 – 15386 Birmingham Highway (SR 372) to request a Use Permit
for landscaping business (Article 19.4.27) to use an existing 1,200 sq.ft home and a 500
sq. ft. barn and develop a 3,750 sq.ft. barn. The applicant is also requesting a concurrent
variance to reduce the 50-foot buffer and 10-foot improvement setback to a 25 foot buffer
and 10-foot improvement setback along the east and west property lines (Article
12H.3.5.C.1).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-317)
8. ZM07-002 – 295 Crooked Stick Drive (Lot 11) to modify zoning conditions 1.d and 1.e
to allow a pool house to encroach into required rear and side property lines.
(Presented by Tom Wilson, Community Development Director)
10) UNFINISHED BUSINESS
(Agenda Item No. 07-293)
1. Approval of an Ordinance of the City Council to Authorize Fulton County to Conduct
Election.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
11) NEW BUSINESS
PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
(Agenda Item No. 07-318)
1. Approval of Alcoholic Beverage License Application for Bay House Seafood, Inc.,
D/B/A Blue Ocean Seafood located at 5310-D Windward Parkway, Milton, Georgia
30004. Applicant is Tony Karimi and Bob Mohkami for Consumption on the Premises –
Wine, Malt Beverage and Distilled Spirits.
(Presented by Carol Wolfe, City Treasurer)
END OF PUBLIC HEARING
Page 3 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 2, 2007 - 7:00 PM
(Agenda Item No. 07-319)
2. Nomination to the City of Milton Board of Ethics.
(Presented by Rick Mohrig, Councilmember)
12) MAYOR AND COUNCIL REPORTS
1. City of Milton Sponsorship with the North Metro Miracle League.
(Tina D’Aversa, Councilmember)
13) STAFF REPORTS
1. Fulton County Mayoral Council
(Aaron Bovos, City Manager)
(Agenda Item No. 07-320)
14) EXECUTIVE SESSION
The purpose of the Executive Session is to discuss personnel.
(Agenda Item No. 07-321)
15) ADJOURNMENT
Page 4 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
_______________________
PROCLAMATION
WHEREAS, The City of Milton, Georgia is a newly incorporated City in Fulton County, Georgia and
the new owner of a public safety precinct located at 750 Hickory Flat Road, Milton,
Georgia; and
WHEREAS, At the time the precinct was opened it was the policy of Fulton County to name buildings
or portions thereof as deemed appropriate by the Board of Commissioners of Fulton
County; and
WHEREAS, On August 19, 1991, around 8:00 p.m. Fulton County Police Officer Christopher B. May
responded to a “person shot” call and assisted the injured after arrival; and
WHEREAS, After assisting the injured, and while checking next door for possible leads or suspects,
Officer May encountered a hidden perpetrator with a high-powered rifle; and
WHEREAS, Officer May was shot and killed by the perpetrator while in the line of duty; and
WHEREAS, Christopher Bieker May dedicated his life to the Fulton County Police Department in a
manner such that it was fitting that a Fulton County facility be dedicated to him; and
WHEREAS, The City of Milton wishes to formally acknowledge its intent to keep the facility named
after Officer May; and
WHEREAS, Officer May’s courageous actions in 1991 are yet another example of the dedicated
service of the officers of the Fulton County Police Department to the citizens of the City
of Milton;
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate and
proclaim the public safety precinct located at 750 Hickory Flat Road in Milton, Georgia to Officer May
and officially name the facility the “Christopher B. May Public Safety Building”.
Given under my hand and the Seal of the City of Milton, Georgia on this 2nd day of August, 2007
Joe Lockwood
Mayor
(Seal)
The Minutes will be provided
electronically.
CityofMilton
13000 Omeld Parkway, Suits 107, Milton,Gsagia 30004tlf)
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM: City ~ana~er&$
UAGENDA ITEM: An Ordinance granting a Non-Exclusive Agreement with BeIISouth
business as AT&T Georgia concerning the providing of Internet Protocol
Enabled Video Services
MEETING DATE: Thursday, August 2,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED I)NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: 4 YES 0 No
CITY ATTORNEY REVIEW REQUIRED: fi YES (1 NO
APPROVAL BY CITY ATTORNEY () NOT APPROVED
PLACED ON AGENDA FOR: UuY 2,my
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date:November 17, 2007 for Submission to the August 2, 2007 and August 16, 2007 City
Council Meeting Agendas
Agenda Item: An Ordinance Granting a Non-Exclusive Agreement with BellSouth
Telecommunications, Inc. doing business as AT & T Georgia Concerning the Providing of
Internet Protocol Enabled Video Service
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance granting a non-exclusive agreement to BellSouth
Telecommunications, Inc. d/b/a AT & T Georgia; and for other purposes.
Background:
Representatives from AT & T met with the City on June 28, 2007 to request assistance in
launching a new product line which is delivered through IP Video Services (product information
attached). Through this meeting, staff discussed with AT & T their desire to enter into an
agreement to deliver such services on a customer trial basis until they could do a state wide
launch. As a result of AT & T’s desire to do this type of business, the proposed ordinance
granting a non-exclusive agreement is required.
Similar to the current agreement with Comcast, this agreement facilitates the ability of AT & T to
deliver the services through the use of infrastructure owned and maintained by AT & T, but
residing in the City’s rights of way. Further, it allows the City to collect a three percent (3%) fee
as is being charged to all existing customers with similar services from other service providers.
During the recent state legislative session, House Bill 227 was passed which changes the
method in which these non-exclusive agreements are administered by local governments.
Specifically, this new law allows for a state agreement to be filed with the Secretary of State,
which eliminates the service providers from being required to have agreements with each local
government. This process shall streamline the management of these services from both the
service provider’s perspective and the local government’s perspective.
Discussion:
Franchise agreements and similar non-exclusive contracts a method in which the City can
recuperate expenses associated with providing and maintaining infrastructure and rights of way
for utility providers to deliver services. These agreements are negotiated on an industry type
basis and require continuity across the specific utility sector, i.e. all electric providers must have
similar agreements.
Specific details on the AT & T agreement are as follows:
•Term: Three scenarios exist for the term: a) upon receipt by AT & T of a
statewide franchise agreement; upon 30 days written notice of termination; or on
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
December 131, 2008 should AT & T not receive a statewide franchise
agreement.
•Payment frequency: quarterly;
•Fee: 3% of recurring local service revenue;
•Effective Date: Upon adoption – anticipated to be August 16, 2007
Alternatives: N/A
Concurrent Review:
Carol Wolfe, SPHR, CGFM, City Treasurer and Director of Operations
AT&T U-verse'" TV offers a new entertainment experience with advanced features
and leading content that makes television aZI about you.
Tele?i~s~onEntertainment.
AT&T offers U-verse customers a variety
of compelling programming packages and
a robust channel lineup featuring today's
most popular networks, No matter what
their interests, customers will find content
that fits their lifestyle, including movies.
sports, music. Local programming.
premium channels, Spanish-language,
religious, and ethnic networks, and more.
High Qcfin~tonPrograrnmrng.
Customers will enlioy a high-quality
picture in standard or Mlgh Definition
(HD). U-verse HD technology detivers
rich, realistic video and multi-channel,
movie theater quality sound. U-verse
TV carries a wide selection of HD
channels to maximize the home
entertainment experience.
Fast Channel Changing.
fast channel changing reduces the
annoying delay experienced with other
digital broadcast services, whether a
customer Is channel surfing or recalling
the last channel viewed.
one-touch access
to a range of titles,
inchding current and classic movies,
live events. muslc. and sports.
Innovatwe Program Guide.
U-verse TV features a crisp and clean user
interface and electronic program guide.
Its intuitive navigation, menu functionality
and information-rich guide enhance
the viewing experience.
Dig~talVideo-,--
recording. P
U-verse offers
advanced diqital -
videorecorder
(DVR) capabilties
that allow customers to record their
favorite programs or pause and rewind
live television. Customers can record up
to four shows at once -something no
other provlder offers today.
Channel Surf~ng.'
Customers can
channel surf
without missing
a minute of the
program they are watch~nguslng the
picture-in-picture browse feature.
The picture-in-picture functionality
is tunerless and software-based so
customers can enjoy this feature on
any tetevision.
Web and Mobile
Remote Access.
U-verse TV customers who aka subscribe
to AT&T Yahoo?" High Speed lnternet
access can control their U-verse TV
experience from any location by
scheduling DVR recordings from any
Internet-connected computer or
compatible wireless device using
their AT&T Yahoo! portaL
-.
-ICP-Program Search. sz&tmPd
U-verse TV has a
unique search
capability that
allows customers to
search programs or
the YOD library by title or actor's name.
Parental Controls.
Through easy-to-use parental controls,
customers are Rn charge of what their
family watches. Parental controls can
be established by ratings or channel.
AT&T Yahoo!" Hlgh Speed Internet
-verre Enabled customers will
!ceive a leading combination of
roadband access, services and
content that provides a unique high
speed lnternet experience. Other
compelling features include free
wireless home networking. unlimited
online photo storage, 11 e-mail
accounts with 2GB each of storage,
and a suite of powerful safety and
security tools.
<
AT&T1s Internet Protocol (IP) network and video backbone delivers high-quality video, advanced
functionality, and other applications. Video content travels AT&T's managed, two-way IP network
and arrives at the customer's home via fiber-to-the-premises or fiber-to-the-node techno2ogy.
-m -
9 !!
Centrat Office
IP Video Super Hub Offices IP Video Hub Offices IP Serv~ngOffices
Copper Fibe:*U"
Node
Fiber to the Node Fiber to the Prern~se
(FTTN)
-I
In the traditional cable TV or sateElite network -using broadcast radio frequency (FIF) video technology -all
content constantty flows downstream to each customer, and the customer switches the content at the set-
top box. The customer can select from among as many choices as the cable or satellite company can fit into
the "pipe" flowing into the home. The broadcast network is one-way.
AT&T1s switched Internet Protocol (IP) video network works differently. Content remains in the network,
and only the content the customer requests is sent to the customer's home. The IP network is two-way.
Switched video delivery means content choice is not limited by the size of the "pipe" into the home -so
the network aZlows for delivery of more content and functionality. The network creates the potential to
provide customers more choices, including niche programming of interest to diverse audiences and more
high-definition (HD) programming.
AGREEMENT REGARDING PROVISION OF IP VIDEO SERVICES
BY AT&T GEORGJA IN THE CITY OF MILTON
This is an agreement between BellSouth TeIecornmunications, Inc. d/b/a AT&T
Georgia, a Georgia corporation, (hereinafter "ATAT Georgia") and the City of Milton
("Ciq'" concerning the provision of Internet Pmtocol enabled Video Service ("IP Video
Service") by AT&T Georgia lo residents of the City over AT&T Georgia's
communications network facilities in City's public rights of way {the "'Agreement"), and
is made and entered into this d a y of 2007.
SECTION T -PURPOSE AND INTENT
On Ma 30, 2007,House BiIl 227, also known as he Consumer Choice forVTelevision Act (the "CCTA"'),was signed into law. Although AT&T Georgia cannot
file for a statewide franchise under the provisions of the CCTA unti! January 1,2008,the
City and AT&T Georgia want to bring video services competition and the benefits of iP
Video Service to City residents prior to January 1,2008.
SECTION 2 -BASIC TERMS
A. AT&T Georgia and the City agree that they will voluntarily comply with the
following provisions of the CCTA (including any applicable definitions set forth in $36-
76-2)until such time as AT&T Georgia files for, and receives, a statewide franchise
under the CCTA to serve the City
B. For the purposes OF interpretation of this Agreement, the provisions cited above
are intended to apply in the same manner as they would apply if AT&T Georgia had
already received a statewrde franchise pursuant to the terms of the CCTA. Civ and
AT&T Georgia agree that the foregoing provisions shall govern the delivery of tP Video
Services by AT&T Georgia to City residents and City shall not impose any additional or
different requirements,
C. This Agreement constitutes a nonexchsive grant of authority by the City for
Title 36 O.C.G.A. Chapter 76.
"n advance of the written notice provisions sct fofi in OCGA 36-764(a)(I ), the City states that
the fmnchise fcc rate that applies within the City'sjurisdiction is 3%.
l of2
1
AT&T Georgia to provide IF Video Service to City residents. Further, this Agreement
constitutes a nonexclusive grant of authority by the City for AT&T Georgia to construct,
maintain, and operate facilities along, across, or on the public right of way in the delivery
of IF Vidco Service, subject to applicable federal and state laws and regulations,
~ncludingmunicipal and county ordinances and regulations, regarding the placement and
maintenance of facilities in the public right of way that are generally applicable to all
users of the public sight of way and specifcaIly including Chapter 9 of TltIe 25, the
"Georgia Utility EaciIity Protection Act."
SECTION 3 -AUTHORIZATION AND TERM OF AGREEMENT
This Agreement shall become effective as of , 2007, and shall
terminate upon either of the foIlowing events: (1) AT&T Georgia receives a statewide
franchise under the CCTA to provide services to City residents; (2) AT&T Georgia has
not received a statewide franchise as of December 31,2008;or (3) upon 30 days witten
notice by AT&T Georgia to the City. To the extent necessary, this Agreement constitutes
the authorization for AT&T Georgia to provide IP Video Services in the City. In the
event that AT&T Georgia receives a statewide franchise pursuant to the terms of the
CCTA, the aforementioned authorization shall immediately terminate and the terms of
the statewide franchise shall govern the delivery of AT&T Georgia's TP Video Senrices to
City residents.
SECTION 4 -APPLICATION FOR STATE FRANCHISE
AT&T Georgia wiIl apply for and diligently pursue receipt of a statewide
franchise pursuant to the terms of the CCTA as soon as reasonably practicable. In the
event that AT&T Georgia has not received a statewide franchise pursuant to the terms of
the CCTA 90 days prior to December 31,2008. AT&T Georgia and the City agree to
meet and confer in good faith concerning the franchise requirement issue and, to the
extent reasonably necessary, to negotiate in good faith the terms and conditions of a local
video franchise agreement.
SECTION 5 -ENTIRE AGREEMENT
This constitutes the fill and complete agreement between the City and AT&T
Georgia concerning these matters, and supersedes all prior agreements, understandings,
representations, or offers.
ClTY OF MILTON BELLSOUTH
TELECOMMUNICATIONS, WC. DlBlA
AT&T GEORGIA
BY: BY:
(' City of Milton
13000 Deeffield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM: City Manager
AGENDA ITEM: An Ordinance Adopting Chapter 18, Assemblages in Public Places of the
City of Milton Code of Ordinances.
MEETING DATE: Thursday, August 2,2007 Regular Meeting
BACKGROUND INFORMA TION: (Aftach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ,() APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: 8YES 0 NO
CITY ATTORNEY REVIEW RE QUlREDr fi YES 0 No
APPROVAL BY ClTY Ai7ORNEY ()APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR: PUlu5T R m7
REMARKS:
A
ity of MiRon .
e. I 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
khW
Concurrent Review: Senior Staff
City Attorney
CHAPTER 18: ASSEMBLAGES IN PUBLIC PLACES
ARTICLE 1: DEFINITIONS
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in section, except where the context clearly indicates a
different meaning:
City means the City of Milton, Georgia
City Manager means the City Manager of the City of Milton, Georgia. The City
Manager may delegate his/her authority or be assisted by other employees of the City as
required.
Event means any march, meeting, demonstration, picket line, procession,
motorcade, rally, or gathering for a common purpose, consisting of persons, animals, or
vehicles or a combination thereof upon or in the streets, parks, or other public grounds
within the City that interferes with or has a tendency to interfere with the normal flow or
regulation of pedestrian or vehicular traffic or that endangers or has the possibility of
endangering the public’s health, safety, or welfare.
Person means an individual, firm, partnership, association, corporation,
company, or group of any kind.
Organization or group or private persons means a group of three or more
persons, or their representatives, acting as a unit.
Private purpose means any purpose not commanded or directed by law,
statute, ordinance, or regulation to be performed.
ARTICLE 2: WHEN PERMIT REQUIRED
Section 1: Permit Required
Every person, organization, or group of private persons wishing to use public
property or public roads in the City of an event is required to obtain a permit from the
City for the privilege of engaging in the event within the City, unless such permit is
prohibited under state law or the event is otherwise protected from this requirement by
federal or state law.
Section 2: Exceptions
This ordinance shall specifically not apply to funeral processions, neighborhood
parades, provided activities remain solely within the boundaries of such neighborhood;
sporting events; school students going to or from classes or participating in properly
supervised and sponsored activities; governmental entities acting within the scope of
their functions; and other activities as provided for by law or regulation.
X:\City Clerk\Master Agendas 2007\August 2\CHAPTER 18- Assemblages in Public Places as of 070907.doc
ARTICLE 3: APPLICATION AND PERMIT
Section 1: Application
Every person, organization, or group of private persons required to procure a
permit under the provisions of this chapter shall submit an application for the permit to
the City Manager, which application shall conform to the requirements of this article in
addition to the following:
(a) Unless otherwise provided herein, each application shall be a written
statement upon forms provided by the City and submitted to the City
Manager within a reasonable time prior to the planned event for security
purposes, verifications, and arrangements. A “reasonable time” shall in
this instance be construed to mean a time of at least thirty (30) but no
more than sixty (60) days prior to the planned event. The City Manager
shall act upon the application within ten (10) days of the receipt of a
completed application. Should no action be taken by the City Manager or
his/her designee within the ten (10) day period, the application shall be
deemed to be granted. A person may make an emergency application
to the Mayor’s office if an unforeseen circumstance arises requiring a
response within less than ten (10) days. The City Manager shall have
discretion to determine if an emergency exists and, subject to the
ordinance, grant or deny such permit.
(b) Each application shall set forth the following information:
1. Name, address, and telephone number of the person, if the applicant
is an individual, or the name, address, and telephone number of an
applicant corporation, partnership, organization, or group;
2. Date, time, and location where the proposed event is to take place,
including proposed routes of travel on public streets to be used for the
event;
3. Description of activity involved with the event;
4. An approximate number of persons, animals, and vehicles which will
be involved with the event;
5. Names, home address, and telephone numbers of individuals
involved with the applicant, if not an individual, who have oversight
responsibility for the organization and conduct of the event on behalf
of applicant;
6. A description of any recording equipment, sound amplification
equipment, signs, or other attention getting devices proposed to be
used during the event;
7. A site plan showing the locations of all parking, assembly areas,
barricades, toilets, trash receptacles, trailer storage facilities, signage,
equipment staging areas, food service areas, gaming areas and other
facilities planned for the event;
8. Plans for disposal of trash and clean up of event area; first aid
provisions; vehicle and trailer storage provisions; and toilet facilities
available to event participants; and
2X:\City Clerk\Master Agendas 2007\August 2\CHAPTER 18- Assemblages in Public Places as of 070907.doc
9. Any additional information which the City Manager may find
reasonably necessary to the fair administration of this chapter which
may include a complete record of all arrests and convictions against
the applicant and every partner, officer or director of the applicant for
violations of any and all laws and ordinances of the city, county, state,
or federal government, other than minor traffic violations.
(c) The application shall be signed and sworn to by the applicant if an
individual, or by a partner, if a partnership, or by an officer, if a
corporation
(d) All information furnished or secured under the authority of this article shall
be kept and maintained by the City and shall be utilized only by the
officials of the City responsible for administering these provisions.
(e) Any false statement in an application for a permit may be grounds for
revocation or denial of the permit application.
ARTICLE 4: ADMINISTRATION
Section 1: Duties of City Manager
The City Manager shall have the following duties:
(a) To prepare and provide the necessary forms for the application of a permit
and for the submission of any required information needed to review an
application, administer, and enforce the chapter.
(b) To review an application submitted for completeness and to collect a permit
licensing fee in an amount that shall be equal to the administrative costs of
processing the application plus the costs for the use of City services or
property, unless the activity is conducted for the sole purpose of public issue
speech protected under the First Amendment for which no costs shall be
assessed for City services and property.
(c) To designate or coordinate sites and set time schedules; to coordinate with
county authorities; and, where appropriate, to receive the approval of the
State Department of Transportation, Fulton County Sheriff, or other
necessary public officials.
(d) To issue a permit within ten days of receipt of an acceptable and complete
application
(e) To deny a permit within ten days of receipt of an application if the application
is not complete or if any of the circumstances described in Section 2
hereafter are found to be existing.
Section 2: Procedure for Application Review
(a) Upon receipt of a complete application for permit, the City Manager shall
have it reviewed by the City Departments, the services of which may be
impacted by the event.
(b) Upon receiving reports from the City Departments, the City Manager shall
consider the impact of the event as whether it will unreasonably disrupt and
obstruct the necessary flow of pedestrian or vehicular traffic or endanger the
public’s health, safety or welfare.
3X:\City Clerk\Master Agendas 2007\August 2\CHAPTER 18- Assemblages in Public Places as of 070907.doc
-- jU CityofMilton
' a 115 Perimeter Center Place NE Suile 785 Atlanta, Georgia 30346
%""
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: July 19, 2007 for August 2, 2007 (First Reading) and August 16, 2007 (Second Reading) City
CounciI Meetings
Agenda Item: An Ordinance Adopting Chapter 18, Assemblages in Public Places, of the City of Milton
Cade of Ordinances
CM0 (City Mannger's Office)Recommendation:
Approve the attached ordinance adopting Chapter 18, Assemblages in Public Places, of the City of Milton
Code of Ordinances.
Background:
The City's Code of Ordinances, combined with the City's Charter becomes the backbone of policy for the
government. In adopting the code of ordinances, eighteen (1 8) chapters have been initially designated.
All chapters will be codified through a publication process, anticipated in the second fiscal year of
operation. Included within the codification process is the publication of the charter and code of
ordinances on the City's website.
Discccssion:
Chapter 18, Assemblages in Public Places, pertains, as its title indicates, to the oversight and governance
of special events. This chapter of the City's code outlines the required steps, both of external parties, and
staff for these events to occur. The goal of this chapter is to ensure adequate notice is given to the City
when events are planned, and that the City responds appropriately with the necessary resources to cover
the public safety, public works (street closings), and liability processes associated with special events.
The sections of this chapter include the following:
Article 1 -Definitions -includes the definition of terms, words, and items found throughout this
particular chapter;
Article 2 -When Permit Required -outlines the required events which are subject to this process as we11
as gives the necessary exceptions;
ArEicle 3 -Application and Permit -provides details and directions on the requirement of an
applicatiodpemit, the necessary information on said applicatiodpemit, and the timeline to file such
permit;
Article 4 -Administration -establishes the roles and responsibilities of the City Manager, procedure for
application review, notice of appeal of administrative decision, and issuance of the permit; and
Article 5 -Violation and Penalties -provides the City the ability to enforce this ordinance as law and to
prosecute as necessary for violation of any ordinance under the Code of Ordinances.
This chapter was formulated through the review of industry best practices, and through surrounding
jurisdictions.
Alternatives: N/A
(c) As part of the City Manager’s review, conditions may be made for alternate
routes and locations of the event to ameliorate issues of traffic flow and public
safety, which conditions shall attach to the permit, if issued.
(d) The City Manager shall also review an applicant’s plans for:
1) Trash clean up and disposal provision;
2) First aid provision;
3) Vehicle and trailer storage provision; and
4) Toilet facilities available to participants
Should the City Manager determine an applicant’s plans presented for theses
services to be inadequate, the application may be denied.
(e) Upon completion of the review of the application, the City Manager shall
issue a permit for the event, including its proposed routes of travel, if the City
Manager finds the event can occur without unreasonably impacting upon the
use of the public streets, public property, and resources of the City and
without endangering the public’s health, safety, and welfare.
(f) Any person whose application under this Ordinance is denied by the City
Manager may appeal such denial within three (3) business days after the
denial to the Mayor and City Council of Milton, which shall consider such
appeal at the next regularly scheduled meeting following the filing of the
appeal.
(g) The Mayor and Council in considering the appeal shall determine if good
cause exists for denial of the permit and after hearing and receiving all
evidence, shall either uphold the decision of the City Manager or reverse the
decision and grant a permit. In reversing, the Mayor and Council may attach
any requirements deemed necessary to the permit, as conditions to its
issuance for protection of the public health and safety.
ARTICLE 5: VIOLATIONS AND PENALTIES
(a) Criminal Penalties. Any person who violates, or fails to comply with, any
provision of the Ordinance may be punished as provided under the Milton
Code of Ordinances.
(b) Civil Remedy for Damages. Any person issued a permit under this chapter
shall be responsible and liable for any damages caused by the event to public
or private property and for injury caused to persons by the event.
4X:\City Clerk\Master Agendas 2007\August 2\CHAPTER 18- Assemblages in Public Places as of 070907.doc
A
City of Milton
&$J 13000 Deedeld Parkway,Suite 107, Milton. Georgia 30304
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 26,2007
FROM: City Manager @4
V
AGENDA ITEM: An Ordinance and policy for the management and maintenance of the
storm water system.
MEETING DATE: Thursday, August 2,2007 Regular Meeting
BACKGROUND INFORMATION: (Attach add~tionalpages /f necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: 8 APPROVED (1 NOT APPROVED
ClNAPTORNEY APPROVAL REQUIRED: 4 YES 0 No
CINATTORNEY REVIEW REQUSRED: k~ YES 0 NO
APPROVAL BY CITY ATTORNEY () NOTAPPROVED
PLACED ON AGENDA FOR: &k6f 2 @q1
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date:For Submission to the August 2, 2007 and August 16, 2007 City Council Meeting
Agendas
Agenda Item: An Ordinance and policy for the management and maintenance of the storm
water system
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance and policy in order to provide a process for addressing the
maintenance and repair of the storm water system.
Background:
Jim Seba the storm water engineer and expert on our staff is working with Milton, Johns Creek
and Sandy Springs to help each city deal with storm water maintenance issues. Jim has also
been involved in storm water management for over 20 years in metro Atlanta and is a resident
of Milton. The policy attached is unique to Milton and reflects the fact that Milton’s system is
comparatively new which allows us to take responsibility from ‘head wall to head wall’ and
requiring the staff engineer and attorney to determine the priority of repair projects.
Discussion:
This policy is meant to serve as an interim measure until we are able to acquire a full analysis of
the system in the ground. We are in the process of collecting the first phase of that data which is
accomplished via a digital recording which is converted to GIS. As we evolve our knowledge of
the system will improve and the policy will be adjusted to reflect the more sophisticated
information. We have spent a considerable amount of time considering the options for this policy
and determined that this is the best approach at this point in time. The policy places the burden
of prioritizing work on the experts which or course can become subjective. The alternative is the
policy which we proposed a few months ago which imposes criteria which would be open to
Interpretation by lay people. The other important point is that this policy defines the city’s
responsibility from head wall to head wall. Obviously, this expands the responsibility but it also
gives us the ability to maintain the entire system which should reduce cost and systemic
problems in the long run. We recognize that no policy is perfect and must be tested over time
with real situations. Based on experience in other new and existing municipalities we think this
is the best approach.
Alternatives: A policy which further limits the city’s responsibility by excluding maintenance
responsibility of any pipes not located in the right of way. This approach reduces the potential
costs associated with system maintenance in the short term. However, the long term
consequences are unresolved, costly systemic problems.
Concurrent Review:
Mark Scott, City Attorney
City of Milton
Stormwater Maintenance Policy
1. Overview of Responsibility
1.1. The City of Milton (City) shall be responsible for maintaining that portion of
stormwater drainage system located within, or connected to, the public right-of-
way and other City-owned land to the extent required by Georgia Law, assuming
these systems have been designed by an appropriate professional, and have been
reviewed and approved by the appropriate City staff.
1.2. The responsibility for maintenance shall be determined on a case-by-case basis
by the City’s authorized Engineer upon consultation with the City’s attorney.
1.3. Property owners are responsible for maintaining that portion of the stormwater
drainage system located on their property which has not been legally transferred
to the City or other entity.
1.4. The stormwater drainage system is defined as any mode of conveyance that
allows or permits the flow of stormwater to waters of the State. The conveyance
can be opened or enclosed, public or private, and may contain non-stormwater
discharges. The stormwater drainage system includes all the infrastructure and
natural drainage designs that are intended to collect, control, and provide a
method of conveyance, discharge, and perhaps treatment of stormwater,
including but not limited to open channels (ditches, streams, swales), storm drain
pipes, drainage boxes (catch basins, drop inlets), detention basins, retention
ponds, wetlands, outfalls, and treatment structures.
2. Drainage Easements
2.1. Drainage Easements preserve a legal path for stormwater conveyance.
2.1.1. A Drainage Easement allows upstream property owners to use the
property for the flow of stormwater from upstream properties across the
property to downstream properties.
2.2. Drainage Easements on private property are the property owner’s maintenance
responsibility if said responsibility has not been legally transferred to others.
2.2.1. Although the property owner owns the land within drainage easements,
the property owner is restricted from altering the flow of water on his
property.
2.2.2. Property owners who fail to maintain drainage easements in an open
unobstructed condition may be subject to fines and may face civil liability in
the event of flood damage to surrounding properties.
2.2.3. Fences are not allowed on drainage easements.
2.2.4. The City shall have access to all drainage easements for the purpose of
inspecting and/or performing emergency maintenance.
3. Maintenance Responsibility
3.1. City Right-of-Way
3.1.1 The City is responsible for maintaining that portion of the stormwater
drainage system located within, or connected to, the public right-of -way
and other City-owned land to the extent required by Georgia Law,
assuming these systems have been designed by an appropriate design
professional, and have been reviewed and approved by the appropriate City
staff.
3.2. Drainage Easements with Open Channel Flow
3.2.1. The property owner will be required to keep the easement free of
obstructions in such a way as to assure the maximum designed flow at all
times.
3.2.2. The property owner shall not alter the flow of water in any way without
prior written approval from the City.
3.2.3. Dumping of yard debris and/or filling of an open channel with soils or any
other material is prohibited.
3.2.4. The property owner shall improve the open channel as needed to prevent
drainage and/or erosion problems.
3.2.5. Inspections may be conducted by the City to insure proper function.
3.3. Drainage Easements with Pipe
3.3.1. The property owner is responsible for keeping all pipes and boxes
functioning as designed and for performing routine maintenance as needed.
3.3.2. The property owner is responsible for ensuring that all pipe openings and
drainage boxes are free of debris, silt and any other obstruction. Property
owners are prohibited from blocking partially or fully the opening of any
pipe or drainage box.
3.3.3. Inspections may be conducted by the City to insure proper function.
3.4. Structural Best Management Practices (BMPs)
3.4.1. It shall be the responsibility of the property owner to maintain the
operational characteristics of all detention basins, retention ponds, and other
impoundments, so that they continue to operate as they were originally
designed.
3.4.1.1.Repair of the outlet structure and removal of silt and debris
surrounding the structure shall be performed as needed to maintain
performance.
3.4.1.2.Access drive shall be free of any obstruction.
3.4.1.3.The facility shall be maintained free of obstructions, silt, or debris.
3.4.1.4.Trash pick-up, mowing, and debris removal is the responsibility of the
property owner.
3.4.2. Inspections are the responsibility of the property owner.
3.4.2.1.Routine inspection programs shall be conducted by the property
owner.
3.4.2.2.Inspections may be conducted by the City to insure proper function..
3.4.3. The storage capacity or function of any detention basin, retention pond, or
other impoundment, whether natural or man-made, shall not be removed or
diminished without written approval of the City.
4. Emergency Maintenance
4.1. The City may conduct emergency maintenance operations within drainage
easements in order to protect the common good.
4.2. Emergency maintenance includes maintenance necessary to remedy a condition
which is potentially damaging to life, property, or public roads and right-of-way.
4.3. Such emergency maintenance, conducted for the common good, shall not be
construed as constituting accepting a continuing maintenance obligation by the
City, nor prevent the City from seeking reimbursement for expenses from the
property owner(s) of the land that generated the condition.
4.4. In cases of emergency maintenance, the City is not obligated to replace structures
and/or plantings (trees and shrubs) placed within a drainage easement.
4.5. The City maintains personnel on-call 24 hours a day, 7 days a week to respond to
emergencies. For any emergency situation citizens should always call 911. Calls
are then forwarded to the City Call Center and relayed to the on-call personnel.
Citizens are encouraged to call this number for all city government related
services.
5. Maintenance Schedule
5.1 The City shall conduct periodic inspections of the stormwater drainage system.
Information collected during these inspections will be utilized in evaluating the
condition of the system and in setting priorities for operational and maintenance
work as well as capital improvement projects.
5.2 The City’s Stormwater System operational and maintenance work and capital
improvement projects will be placed into one of the following three categories:
Category 1: Posing an immediate danger or threat to public safety,
Category 2: Rapidly degrading to dangerous condition, or
Category 3: Maintenance or cosmetic repair.
5.3 Work will be prioritized based on a number of factors including project
category, cost, benefit, and time to complete.
5.4 Prioritized items will be accomplished as budget and schedule allow.
6. Public Education
6.1. The City shall initiate and carry out a public education program to insure that
property owners understand their responsibility and perform their required duties
as it relates to this policy.
7. Violations
6.1 Any violations to these policies will be subject to the applicable General Penalty
as adopted by the City.
A
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM:
AGENDA ITEM: VC07-002 -855 Mayfield Road to rezone from AG-1 to MIX
to develop a total of I5,000 sq.fi of medical ofice; 3,500 sq.ft of
commercial; and 9 residential units. Request to reduce the 75-foot buffer
and 10-foot improvement setback to a 15-foot landscape strip adjacent to
AG-1 by Milton Medical Holdings, LLC c/oJay Davis.
MEETING DATE: Thursday, August 2,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach addstional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () NOTAPPROVEDY
ClW ATTORNEY APPROVAL REQUIRED: ()YES @NO
CiW ATTORNEY REVIEW REQUIRED: & YES (1 NO
APPROVAL BY CITY ATTORNEY (1 NOTAPPROVED
PLACED ON AGENDA FOR: b%r 2.aP-7
REMARKS:
PETITION NUMBER:
RZ07-005
VC07-002
PROJECT NAME
Dinsmore Farm
PROPERTY INFORMATION
ADDRESS 855 Mayfield Road
DISTRICT, LAND LOT 2/2 1134
OVERLAY DISTRICT Crabapple Crossroads
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING MIX (Mixed Use)
ACRES 4.09
EXISTING USE 2 Houses, 1 Barn and 1 Small Garage
PROPOSED USE 15,000 square feet of medical office within 4 new buildings; 3,500
square feet of retail commercial within 1 new building and
4 duplex residences and 1 single family residence.*
OWNER Dinsmore Estate, et.al. c/o Imogene Dinsmore
PETITIONER/REPRESENTATIVE Milton Medical Holdings, LLC, Jay Davis / Pete Hendricks
ADDRESS P.O. Box 1270, Villa Rica, Georgia 30180
PHONE 678-859-8691
INTENT
To develop 15,000 square feet of medical office within 4 buildings at an overall
density of 3,667.48 square feet per acre; 3,500 square feet of retail commercial
within 1 building at an overall density of 855.75 square feet per acre and 4 duplex
residences and 1 single family residence at an overall density of 2.2 units per acre.
The applicant is also requesting a concurrent variance to reduce the 75-foot
buffer and 10-foot improvement setback to a 15-foot landscape strip along
property lines adjacent to AG-1 (Agricultural). *
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 1 of 31
RZ07-005 VC07-002
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
RZ07-005 – DENIAL
VC07-002 – DENIAL
CITY OF MILTON PLANNING COMMISSION – JUNE 26, 2007
DEFERRAL UNTIL JULY 24, 2007 PLANNING COMMISSION MEETING
(The applicant requested a deferral until the July 24, 2007 Planning Commission
meeting in order to make appropriate changes recommended by Staff.)
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
(Based on the Revised Site Plan Submitted on 7/12/07)
RZ07-005 – DENIAL
VC07-002 – DENIAL
CITY OF MILTON PLANNING COMMISSION – JULY 24, 2007
RZ07-005 – DENIAL (4-2)
VC07-002 – DENIAL (4-2)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 2 of 31
RZ07-005 VC07-002
LOCATION MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 3 of 31
RZ07-005 VC07-002
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 4 of 31
RZ07-005 VC07-002
Crabapple Crossroads Land Use Plan Map
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 5 of 31
RZ07-005 VC07-002
SITE PLAN – May 3, 2007
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 6 of 31
RZ07-005 VC07-002
Revised Site Plan 7/12/07
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 7 of 31
RZ07-005 VC07-002
Subject Site - Dinsmore Farm House
(View looking south from Mayfield)
Subject Site
(Looking toward Charlotte Drive)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 8 of 31
RZ07-005 VC07-002
SUBJECT SITE
(Existing house to be demolished)
SUBJECT SITE:
The subject 4.09 acre site is zoned AG-1 (Agricultural) with an existing one story
residence, two-story farm house, barn, and garage. This site is east of the Crabapple
Crossroads intersection. The site is located within the Live/Work Land Use designation
on the Focus Fulton 2025 Comprehensive Future Land Use Map. Within that
designation the subject site is located within Village Mixed Use (1.74 acres) and Sub
Village Residential A (2.35 acres) land use sub areas.
Standards of Review
(Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate
and make a recommendation with respect to factors A. through G., below, as well as
any other factors it may find relevant.
A. Whether or not the proposal will permit a use that is suitable in view of the use
and development of adjacent and nearby Property?
Based on the Revised Site Plan submitted on July 12, 2007, the proposed Mixed
Use zoning is partially consistent with the Crabapple Crossroads Overlay District
Land Use Plan which recommends that this site be developed with Village Mixed
Use and Sub Residential A. However, the stated density for office, 8,620.69
square feet per acre based on 1.74 acres, is inconsistent with recent policies set
by the Fulton County Board of Commissioners for office within the Village Mixed
Use classification which range from 2,658 square feet per acre pursuant to 05Z-
117 northeast of the site to 3,802.56 square feet per acre pursuant to 06Z-047
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 9 of 31
RZ07-005 VC07-002
directly across the street to the north on Mayfield Road. The proposed
residential density of 3.83 units per acre is below the recommended residential
density of 4 units per acre.
B. Whether or not the proposal will adversely affect the existing use or usability of
adjacent or nearby property?
In Staff’s opinion, the proposed development is more intense than
recommended but will likely not have an adverse effect on the use or usability
of adjacent and nearby properties if developed with the recommended
conditions. The property to the east of the subject site is recommended for
Village Office/Residential. Office has been approved pursuant to 06Z-074 on
the north side of Mayfield Road.
C. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site appears to have a reasonable use as currently zoned with the
existing farm house and associated buildings within the AG-1 (Agricultural)
district.
D. Whether the proposal will result in a use which will or could cause an excessive
or burdensome use of existing streets, transportation facilities, utilities or schools?
Staff does not anticipate a significant impact on public services and facilities.
However, some impact to the surrounding transportation system is expected.
Mitigation of adverse impacts is addressed by recommended conditions.
E. Whether the proposal is in conformity with the policies and intent of the land use
plan?
The proposed mixed use development is inconsistent with some of the policies
and intent of the Crabapple Crossroads Community Plan and the Focus Fulton
2025 Land Use Plan. A brief description of the project is noted below:
Proposed use/density:
Village Mixed Use (1.74 acres along Mayfield Road)
The revised site plan submitted July 12, 2007 proposes 15,000 square feet of
medical office within 4 newly constructed buildings (Buildings #1-#4) at a density
of 8,620.69 square feet per acre based on 1.74 acres. The density for office is
more than recent Board Policy and is below the recommended density for
office per the Crabapple Crossroads Plan of 10,000 square feet per acre. The
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 10 of 31
RZ07-005 VC07-002
site plan indicates that Building 1 is partially located within the Sub Village A Sub
Area. Although it is inconsistent with the Plan, it appears that by moving this
building further south; the large 52” White Oak near the northeast corner can be
preserved.
The applicant is proposing 3,500 square feet of retail commercial in Building #5
at a density of 2,011.5 square feet per acre. This is consistent with previous Board
Policy for approved retail commercial uses in the area. Staff notes that the
applicant originally proposed preserving the Dinsmore Farm House which is listed
on the 1996 Fulton County Historic Resources Survey. Based on the revised site
plan, the Dinsmore Farm House will be removed because of extensive
deterioration and the presence of lead and asbestos in the building. The
applicant has stated that he is willing to replicate the home with one of the
newly constructed buildings. A previous site plan submitted on July 10, 2007 was
presented to the City of Milton Design Review Board on July 10, 2007. The DRB
was not opposed to the demolition of the house and supported the idea of it
being replicated on the site.
Staff notes the request for office and retail commercial is inconsistent with the
policy and intent of the Plan and past Board policy of upholding the maximum
100,000 square feet for each office and retail commercial for the Crabapple
Crossroads Overlay District.
Sub Village Residential A- (2.35 acres)
The revised site plan proposes 4 duplexes and 1 single family residence for a
total of (9) single family residences at a density of 3.83 units per acre based on
the 2.35 acres within the Sub Village Residential A sub area. This is below the
recommended density of 4 units per acre for Sub Village Residential A.
Permitted residential uses include duplex, single family alley access, single family
small lot and single family standard lot A. According to the revised site plan,
indicating 4 duplex residential units and 1 single family alley access lot, it is
consistent with the Crabapple Crossroads Plan.
The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as
the City’s Comprehensive Plan on December 21, 2006. The proposed
development is partially consistent with the following Plan Policies for the
Crabapple Crossroads Community Plan which was included in the Focus Fulton
2025 Comprehensive Plan:
• Increase transportation choices and improve mobility for all users.
• Provide opportunities for mixed-use developments that are compatible
with a village-oriented development.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 11 of 31
RZ07-005 VC07-002
• Provide for the transition of land uses from higher to lower intensity land
uses in a pattern that supports village type development.
• Provide a variety of housing choices in the Crabapple Crossroads area.
F. Whether there are other existing or changed conditions affecting the use and
development of the property which gives supporting grounds for either approval
or disapproval of the proposal?
Staff notes that within the Crabapple Crossroads Community Plan, “Node
Designation” was discussed in detail. This plan was approved by the Fulton
County Board of Commissioners on June 4, 2003 pursuant to 2003Z-016. Previous
approved Plans defined a “Neighborhood Node” as a node that:
“Consist of up to 100,000 square feet of retail and service uses and office uses
not to exceed 20,000 square feet per acre with a maximum of 100,000 square
feet in total office uses. Minor arterials and collectors are appropriate for
neighborhood commercial. Residential development in the neighborhood node
should not exceed five units per acre.”
Historically, the Fulton County Board of Commissioners have considered the
“Neighborhood Node” (100,000 square foot cap for retail/commercial and
100,000 square foot cap for office) for Crabapple Crossroads when reviewing
and deciding on zoning cases before them.
Staff has compiled a chart showing the approved zonings and their approved
densities which is included at the end of this report. At this point in time, the
allotted total square footage of 100,000 square feet for both Commercial/Retail
and Office has been filled and any additional approval of Commercial/Retail or
Office would be inconsistent with the Crabapple Crossroads Community Plan
and policy for the Crabapple Crossroads.
G. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and citizens of
the City of Milton?
Based on the revised site plan submitted, the applicant shows the following
specimen trees to be preserved:
• 52” White Oak, 50” White Oak, 36” Red Oak, 27” Red Oak.
In addition, the applicant will utilize a pervious pavement system to help reduce
water runoff.
H. Existing uses and zoning of nearby property (See Map following table)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 12 of 31
RZ07-005 VC07-002
Location Parcel#
On
Map
Zoning Petition/
Name/Acreage
Approved
Square Feet/
Units
Based on Sub
Area
Approved
Density by
Land Use
Sub Area
(++Exceeds
Plan
Density)
Approved
Overall
Density
East AG-1 (Agricultural) Scattered Single Family N/A N/A
Further East R-15 (Residential) Single Family Residential N/A N/A
Saint Michelle S/D Subdivision
City of Alpharetta
North/
Northeast
13 06Z-074/Bruce Harris
5.27 acres
20,800 sq.ft. Vil Mix
(2,600 sq.ft. Already
counted via 05Z-30
2 Units Vil Off/Res
4 Units Sub Vil A
0.75 u/a
3.37 u/a
3,946.87 sq.ft/acre
North AG-1 (Agricultural)
Scattered Single
Family Residences
Further 24 99Z-195 None Stated
North C-1
Strawberry Fields Art
Gallery
Northwest 15 06Z-074
C-1
Patton / 1.61 acres
12,000 sf Vil Mix
(previously approved
03Z-115
8,203 sf Vil Mix
7,453.42 sq.ft./acre
5,095.04
West 26 99Z-027 Existing Buildings with
C-1 3,000 sq.ft. addition
Further
Northwest
23 Z86-283
Bryan & Contereas
C-1
493.83 sq ft/acre
Further 22 M-1 Unconditional
Northwest (Manufacturing)
Heart of Crabapple
Further
Northwest
12 05Z-117/MIX
John Wieland
62.87 acres
Under Develop-
Ment
2,532 sf Comm in Vil Mix
36,468 sf Office
In Vil Mix
14 units Vil Mix
18 units Vil Of/Res
17 units Sub Vil B
50 units Res 0-1
1.61 u/a
7.01 u/a++
6.35 u/a++
1.09 u/a ++
40.28 f/acre
580.06 sf/acre
Further 25 C-1 Unconditional
Northwest Gas Station
Further
West
9 05Z-070/MIX
Crabapple
Crossroads
11.98 acres
Under Develop-
Ment
20,000 sf Comm. In Vil
Mix
20,000 sf Office
In Vil Mix
39 units Vil Mix
5 units Vil Off
3 units Sub Vil B
2 units Rural Res
5 u/a
5 u/a
1.62 u/a
2.55 u/a (extra
Unit approved
for historic
house saved)
1,669.45 Sf/acre
1,669.45 sf/acre
Further 21 C-1, AG-1
West City of Alpharetta
Government
Center
Further
Southwest
14 06Z-74/C-1
Crabapple
12,000 sf Comm in Vil
Mix (Previously
7,453.42 sf/acre
5,095.04 sf/acre
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 13 of 31
RZ07-005 VC07-002
Crossing Approved 03Z-115)
8,203 sf Office Vil Mix
Further
Southwest
1 03Z-115/MIX
Crabapple
Crossing
(Under
Development)
12,000 sf Comm in Vil
Mix
31 units Vil Of/Res
16 units Sub Vil B
4.9 u/a
2.5 u/a
347.87 sf/acre
Further 4 04Z-134 1,500 sq. ft. Vil Mix 1,153.85 sq.ft./ 1,153.85 sq.ft. /
Southwest C-1 acre acre
Further
Southwest
5 04Z-136
C-1
Interior Decoration
2,500 sq.ft. Vil Mix 4,901.06
sq.ft./acre
4,901.06 sq.ft./acre
West 11 05Z-110
Larry Davenport
MIX
2.10 acres
8,000 sq.ft. Vil Mix
6,300 sq.ft. Vil Off
Southwest 10 05Z-072
Sally Rich Kolb
1.36 acres
12,800 sq.ft. Vil Mix (1.36
acres)
9,500 sq.ft.
counted
6,985.29
9,411.76 sq.ft./acre
sq.ft/acre
12,800 sf-1,800
existing-
1,450 sf bonus
for saving
historic house
South 3 03Z-146
Crabapple Tea
Room
800 sq. ft. Mix Use 536.92
sq.ft/acre
536.92 sq.ft./acre
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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I. Suitability of the subject property under the existing zoning district for the
proposed use?
The proposed use cannot be developed under the AG-1 (Agricultural) district.
The applicant is requesting a higher density of residential as well as office and
commercial uses that are not permitted under AG-1.
J. Suitability of the subject property under the proposed zoning district for the
proposed use?
The proposed use is suitable for the proposed zoning district of MIX (Mixed
Use).This zoning district allows for a mix of uses as proposed for various types of
residential, office and commercial/retail development.
K. The possible creation of an isolated zoning district unrelated to adjacent and
nearby districts.
The proposed rezoning to MIX (Mixed Use) would not create an isolated district.
There is MIX (Mixed Use) to the north of the development and
Commercial/Retail further to the west and southwest.
L. Possible effects of the change of the zoning or change in use on the character of
a zoning district or overlay district?
Staff is of the opinion that the change of the zoning district and the change in
use may have an adverse effect on the character of the existing zoning district
or existing overlay district as currently proposed. Allowing the development to
have more square footage than existing Board Policy creates more intensity of
development which thwarts the objective of the overall Crabapple Crossroads
Plan. Positive results would occur if it is developed with the alternate conditions
that allow only residential development at the recommended densities of the
Crabapple Crossroads Plan. Development consistent with the plan would
solidify the character of the area.
M. Whether the proposed zoning will be a deterrent to the value or improvement of
development of adjacent property in accordance with existing regulations?
Staff is of the opinion that the change in the zoning may not be a deterrent to
the value of adjacent properties developed or anticipated to be developed
under existing regulations
N. The possible impact on the environment, including but not limited to, drainage,
soil erosion and sedimentation, flooding, air quality and water quality?
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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This property, if developed under the proposed zoning district, must conform to
the current Chapter 14 of the Milton City Code regarding Land Development
including Soil and Erosion Control and Flood Damage Prevention. The applicant
has not indicated the percentage of open space for this petition. Based on the
site plan submitted the proposal appears to meet the 10 percent open space as
required by the Crabapple Crossroads Community Plan.
O. The relation that the proposed zoning bears on the purpose of the overall Land
Use Plan with due consideration given to whether or not the proposed change
will carry out the purposes of this Land Use Plan.
The proposed rezoning as submitted is consistent with the overall Crabapple
Crossroads Land Use Plan for the area except the portion of the office use within
the Sub Village Residential A which does not fulfill the purpose of the Crabapple
Crossroads Land Use Plan.
P. The consideration of the preservation of the integrity of residential
neighborhoods shall be considered to carry great weight. In those instances in
which property fronts on a major thoroughfare and also adjoins an established
residential neighborhood, the factor of preservation of the residential area shall
be considered to carry great weight.
The proposed zoning indicates the non-residential uses toward Mayfield and
utilizes the residential component as a transition for residential to the south. This
is consistent with the transition to residential uses going south and non-residential
to the west and the east as shown on the Crabapple Crossroads Plan Map.
Q. The amount of undeveloped or zoned land in the general area affected which
has the same zoning or future land use classification as the proposed rezoning.
The existing approved zonings and land use classifications surrounding the
subject site are similar to the proposed rezoning.
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community Development
Department on July 12, 2007, Staff offers the following considerations:
Crabapple Crossroads Overlay District
BUILDING SETBACKS
Article 12H(1)4 Section B.1.c of the Crabapple Crossroads Overlay District requires a
maximum building setback along Mayfield Road between 0 to 10 feet maximum and
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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requires between 10 to 20 feet maximum along Charlotte Drive. The applicant’s site
plan shows compliance with the requirement.
BUILDING HEIGHT
Article 12H.3.5.D.1. of the Northwest Fulton Overlay District requires a maximum height
limit of two stories with the maximum height 30 feet from average-finished grade to the
bottom of the roof eave. The applicant’s letter of intent does not address the height
of the newly constructed buildings.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.(1).4.B.1.a. requires an 8-foot minimum landscape strip along Mayfield
Road and a 7-foot minimum landscape strip along Charlotte Drive. The site plan
appears to be compliant with these requirements.
Article 12H.3.1.C.2 of the Northwest Fulton Overlay District requires a 75-foot
undisturbed buffer and 10-foot improvement setback along the south property line
adjacent to AG-1, and the western property lines adjacent to AG-1. The applicant is
requesting relief from the requirement as follows:
Reduce the 75-foot undisturbed buffer and 10-foot improvement setback adjacent to
AG-1 (Agricultural) zoned property to a 15-foot landscape strip.
The proposed office and retail is inconsistent with the Crabapple Overlay District Plan
and recent Board policy of limiting office and retail to 100,000 square foot cap for
office and retail. Therefore, Staff recommends DENIAL of the concurrent variance.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of Milton
Zoning Ordinance for the proposed uses:
Proposed Use Minimum Requirement Spaces Provided
Medical Office 4 spaces per 1,000 sq. ft. of
(15,000 sq.ft.) building area (60 spaces)
Retail Commercial 5 spaces per 1,000 sq. ft. of
(3,500 sq.ft.) Building area (18 spaces)
Total 78 spaces required 76 spaces provided
The site plan shows a total of 76 spaces on the site. Per the Zoning Ordinance, 78
spaces are required which is 2 more than provided. The applicant may request an
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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RZ07-005 VC07-002
administrative variance for a 10 percent reduction in parking which would bring the
development in compliance. Staff notes that the plan does not indicate a 10-foot
parking island for every 6th parking space. In addition it does not indicate the required
10 foot landscape island at the end of each parking bay. It appears there will be
adequate space as well as providing areas for existing trees to have the needed
pervious area for their root systems.
MINIMUMM LOT SIZE
The applicant has proposed a total of 9 residential units as follows:
Sub Area Number and Type Minimum Lot Size
Sub Village Residential A 8 duplexes within 4 N/A
buildings
Sub Village Residential A 1 single family alley Up to 4,800 square feet
access residential
The applicant’s request is consistent with Article 12H(1).6.B.1. The site plan is consistent
with the recommended housing types for Sub Village A.
MINIMUM HEATED FLOOR AREA
The applicant is requesting the following minimum heated floor areas:
• Duplexes – 1,800 square feet
• Single Family Residential – 3,000 square feet
The applicant’s request is consistent with recent approvals in the area.
DEVELOPMENT STANDARDS
The applicant is requesting the development standards as follows:
Buildings A-H: Duplexes
Building I: Single family alley access
The applicant has not indicated any specific setbacks for the two types of residential
development. The duplexes and single family alley access unit must conform to the
following Crabapple Crossroads Overlay District for Required Building Setbacks and
Frontage:
Lot Size: Up to 4,800 square feet
Minimum Lot Frontage: 20 feet
Maximum Front Yard Setback: 10 feet
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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RZ07-005 VC07-002
Minimum Side Yard Setback: 5 feet
Minimum Rear Yard Setback: 5 feet
Medical Office Buildings and Commercial Retail – Village Mixed Use
Per the revised site plan submitted July 12, 2007:
Building #1 Medical Office: 5,000 square feet
Building #2 Medical Office: 3,000 square feet
Building #3 Medical Office: 3,000 square feet
Building #4 Medical Office: 4,000 square feet
Building #5 Retail Commercial 3,500 square feet
The site plan indicates four (4) medical office buildings that are a maximum of 5,000
square feet in size. As noted previously, the applicant will not be keeping the Dinsmore
House but is willing to replicate it on the site. If approved, the conditions will reflect the
4 buildings with a total of 15,000 square feet and 1 building with 3,500 square feet for
retail commercial. The Crabapple Crossroads Overlay District does not address size of
buildings, but in the Crabapple Crossroads Plan states that building size and setback
should conform to the Northwest Fulton Overlay District standards. Non-institutional
buildings shall be no larger than 25,000 square feet and buildings within 400 feet of an
intersection shall have a 20-foot separation from one another. It appears that the
proposed site plan conforms to these standards.
OTHER CONSIDERATIONS
The revised site plan shows a new road along the south property that allows for future
inter-connectivity with Mid Broadwell Road. Staff notes that the proposed road is only
25 feet and the minimum right of way width required to develop this road is 50 feet.
The environmental Site Analysis Report (ESA) is sufficient and satisfies the requirement
of the City of Milton Zoning Ordinance.
The site plan appears to exceed the 10 percent minimum open space required by the
Crabapple Crossroads Overlay District, Article 12H(1)4.H. Staff notes that this common
area will not be part of any of the residential lots within the development. A
Homeowners Association is required to maintain the open space and it shall be
accessible by sidewalks, streets, or a trail system. Staff has included the condition for
open space and the establishment of a homeowners association in the
Recommended Conditions.
The subject site is in the Crabapple Crossroads Overlay District of the Northwest Fulton
Overlay District. At the time of application for a land disturbance permit and/or
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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building permit the applicant will be required to comply with these standards. Prior to
the approval of a permit, the applicant shall be required to meet with the City of
Milton Design Review Board to receive their recommendations.
PUBLIC INVOLVEMENT
On May 23, 2007 the applicant was present at the Community Zoning Information
Meeting held at the Milton City Hall. There were three people in attendance that
represented the applicant, the seller and the agent for the seller. There was no one
from the community at the meeting.
Staff has received two e-mails in opposition to the proposed development which is
attached. The applicant is planning to meet with members of the community the
week of July 16 to address any concerns or questions they may have.
City of Milton Design Review Board Meeting – June 5, 2007
The following recommendations were made by the DRB:
• Situate town homes closer together to eliminate encroachment of decks into
the buffer.
• Eliminate/reduce individual driveways.
• Make access to town homes one way.
• Use pervious materials for the extra spaces.
• Exterior sidewalks should meander along frontage, following terrain.
• Provide some kind of decorative feature at corner to draw people to the site.
• Move corner building closer to the street – no more than 20 feet from the corner.
City of Milton Design Review Board Meeting – July 12, 2007
The applicant submitted the July 10, 2007 revised site plan for review by the DRB. They
also were not opposed to the elimination of the Dinsmore Farm House and for it to be
replicated on the site.
The DRB was also concerned about the size of the larger non-residential buildings. They
recommended that they reflect the surrounding existing buildings in size in scale.
Based on this input, the applicant submitted a revised site plan on July 12, 2007.
Public Notice Requirements
The rezoning petition was advertised in the Atlanta Journal Constitution on June 11,
2007 and the sign was installed before June 6, 2007 along the frontages of Mayfield
Road and Charlotte Drive. The notice of rezoning was sent on June 11, 2007.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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Since the deferral of the petition on June 26, 2007, the sign on Mayfield Road and
Charlotte Drive was revised to reflect the new hearing dates. The notice of rezoning
was sent with the revised hearing dates on July 9, 2007.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan requirements.
The applicant will be required to submit the public participation report 7 days prior to
the Mayor and City Council meeting.
CONCLUSION
The proposed office, commercial retail and residential development is inconsistent
with the policies and intent of the Crabapple Crossroads Plan and the Fulton County
Board of Commissioners policy; therefore, Staff recommends that this request to MIX
(Mixed Use) and the Concurrent Variance be DENIED. A set of Alternate Conditions
are included to allow the site to be rezoned to NUP (Neighborhood Unit Plan)
developed with 8 units of residential at a density of 4.6 units per acre within the Village
Mixed Use and 9 units of residential at a density of 3.83 units per acre within the Sub
Village A Residential or an overall density of 4.16 units per acre. A set of
Recommended Conditions are included if the Mayor and City Council chooses to
approve the proposed development as submitted.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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RZ07-005 VC07-002
ALTERNATE CONDITIONS
If this petition is approved by the Mayor and City Council, it should be APPROVED NUP
(Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the
following enumerated conditions. Where these conditions conflict with the stipulations
and offerings contained in the Letter of Intent, these conditions shall supersede unless
specifically stipulated by the Mayor and City Council.
1. To the owners agreement to restrict the use of the subject property as follows:
a. No more than 8 units of dwelling units at a maximum of 1.87 units per acre
based on the total acreage zoned, whichever is less (4.6 units per acre
based on 1.7 acres of Village Mixed Use).
b. No more than 9 total dwelling units at a maximum density of 2.2 units per
acre based on the total acreage zoned, whichever is less (3.83 units per
acre based on 2.35 acres Sub Village A Residential).
c. Approved lot/unit totals are not guaranteed. The developer is responsible
through site engineering (at the time of application for a Land
Disturbance Permit) to demonstrate that all lots/units within the approved
development meet or exceed all the development standards of the City
of Milton. The total lot/unit yield of the subject site shall be determined by
this final engineering.
d. Provide a minimum heated floor area of 1,500 square feet for the dwelling
units.
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department on July 12, 2007. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Ordinance, all other
applicable city ordinances and these conditions prior to the approval of a
Land Disturbance Permit. In the even the Recommended Conditions of
Zoning cause the approved site plan to be substantially different, the
applicant shall be required to complete the concept review procedure
prior to application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
b. All recreational and common areas which may be held in common shall
be accessible by streets, sidewalks, or trails and the common areas in
accordance with the design standards of the draft Milton Trail Plan and
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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the newly established Right of Way Ordinance. Such shall be maintained
by an easement where necessary to the mandatory homeowners
association, who’s proposed documents of incorporation shall be
submitted to the Director of the Department of Community Development
for review and approval prior to the recording of the first final plat.
3. To the owner’s agreement to abide by the following requirements, dedication
and improvements:
a. Reserve sufficient land along the following roadways, prior to the approval
of a Land Disturbance Permit, as necessary to comply with the Crabapple
Crossroads Plan and the Transportation Master Plan consistent with
adjacent developments, pursuant to the Right of Way Ordinance.
i. Inter-parcel access points as required by Community Development
Director.
b. Dedicate at no cost to the City of Milton prior to the approval of a Land
Disturbance Permit or Certificate of Occupancy (whichever comes first),
sufficient land as necessary to provide the following rights-of-way, and
dedicate at no cost to the City of Milton such additional right-of-way as
may be required to:
i. Provide at least 10.5 feet of right-of-way from the back of curb of all
abutting road improvements, along the entire property frontage, as
well as allow the necessary construction easements while the rights-
of-way are being improved.
ii. Provide 50 feet right-of-way for connector road, location to be
approved by the Transportation Engineer. This may occur prior to
an LDP of a future phase if a master plan with a phasing plan is a
part of the first LDP plan submitted.
iii. Provide adequate right-of-way dedication for addition of the
following or as approved by the Transportation Engineer:
a. Northbound left turn lane on Charlotte Dr
b. Northbound right turn lane on Charlotte Dr
c. Westbound Left Turn Lane on Mayfield
d. Widening taper eastbound on Mayfield to accommodate
lane configuration.
c. Inter parcel access shall be required on the west property line. Additional
Inter-parcel walking trails are required to be installed, trail easements
recorded, and the HOA documents shall include a section of Adopt A
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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RZ07-005 VC07-002
Trail creation. Sidewalk is required along the new road. These items are
required as this site is located with the radii of the Safe Routes to School
limits. Access points and trail locations shall be as approved by the
Transportation Engineer.
d. Installation of a new decorative mast arm traffic signal at the corner of
Charlotte Drive and Mayfield Road prior to a C.O. as approved by the
Transportation Engineer.
e. Village Residential area shall have a private named alley. The site plan
must provide adequate fire truck access in alleys and one-way
conditions; as per the newly established Right-of-Way Ordinance as
acceptable to the Transportation Engineer and Fire Marshal. This is
required to be shown using either AutoTurn type software or mechanical
methods for rear wheel tracking on LDP drawings.
f. LDP plans shall meet the newly established Right of Way Ordinance as
required by the Transportation Engineer.
4. a. The developer’s Professional Engineer shall demonstrate to the City by
engineering analysis submitted with the LDP application, that the
discharge rate and velocity of the storm water runoff resulting from the
development is restricted to seventy-five percent (75%) of the pre-
development conditions. The designed (assumed) underground facility
may not be located on individual lots but may be located on common
space, including if necessary locations underneath private alleys which
may never be dedicated to the City as public.
b. Stormwater detention facility shall utilize vegetative measures for water
quality.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 24 of 31
RZ07-005 VC07-002
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be APPROVED MIX
(Mixed Use) CONDITIONAL subject to the owner’s agreement to the following
enumerated conditions. Where these conditions conflict with the stipulations and
offerings contained in the Letter of Intent, these conditions shall supersede unless
specifically stipulated by the Mayor and City Council.
1. To the owners agreement to restrict the use of the subject property as follows:
a. Retail, service commercial and accessory uses, including all exterior food
and beverage areas, at a maximum density of 855.75 gross square feet
per acre zoned or a total of 3,500 square feet, which ever is less,(2,011.5
gross square feet per acre based on 1.74 acres of Village Mixed Use) but
excluding daycare, convenience stores with gas pumps; freestanding fast
food restaurants; businesses with drive through service; commercial
amusements; pawn shops; check cashing businesses; billiards or pool halls;
designated recycling collection stations; used car lots; self service laundry
facilities; arcades, amusements, galleries or game rooms; outside vending
machines, kiosks or other stands except ATM machines; dry cleaning plant
or dry cleaning establishments; sale, lease or rental of motorized vehicles
or trailers; tattoo or body piercing parlors; adult theme bookstores, video
stores, movie theatres, and/or establishments offering the sale or rental or
related machines, tapes, discs,books, magazines and novelty items;
check cashing establishments; liquor stores; massage parlors or spas; bars,
lounges or other establishments whose principal business is the sale of
alcoholic beverages; and night clubs or similar establishments, including
those offering strip tease or nudity as entertainment.
b. Office/Institutional and accessory uses at a maximum density of 3,667.48
square feet of gross floor area per area zoned (8,620.69 square feet per
acre based on 1.74 acres of Village Mixed Use)or a total gross floor area
of 15,000 square feet, whichever is less.
c. Limit the number of office buildings to 4, not exceeding 5,000 square feet.
d. No more than 9 total dwelling units at a maximum density of 2.2 units per
acre based on the total acreage zoned, whichever is less (3.83 units per
acre based on 2.35 acres Sub Village A Residential).
e. Approved lot/unit totals are not guaranteed. The developer is responsible
through site engineering (at the time of application for a Land
Disturbance Permit) to demonstrate that all lots/units within the approved
development meet or exceed all the development standards of the City
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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of Milton. The total lot/unit yield of the subject site shall be determined by
this final engineering.
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department on July 12, 2007. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Ordinance, other
applicable City Ordinances and these conditions prior to the approval of
a Land Disturbance Permit. In the even the Recommended Conditions of
Zoning cause the approved site plan to be substantially different, the
applicant shall be required to complete the concept review procedure
prior to application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
b. All recreational and common areas which may be held in common shall
be accessible by streets, sidewalks, or trails and the common areas in
accordance with the design standards of the draft Milton Trail Plan and
the newly established Right of Way Ordinance. Such shall be maintained
by an easement where necessary to the mandatory homeowners
association, who’s proposed documents of incorporation shall be
submitted to the Community Development Director for review and
approval prior to the recording of the first final plat.
3. To the owner’s agreement to the following site development considerations:
a. Duplexes – 4 with a total of 8 residential units
Single Family Alley Access residence – 1
b. Lot Size: Up to 4,800 square feet
Minimum Lot Frontage: 20 feet
Maximum Front Yard Setback: 10 feet
Minimum Side Yard Setback: 5 feet
Minimum Rear Yard Setback: 5 feet
c. Minimum heated floor area:
Duplexes – 1,800 square feet
Single Family Alley Access residence – 3,000 square feet
d. Provide a 15-foot landscape strip along the south and western property
lines where they are adjacent to AG-1 (Agricultural) zoned property.
(VC07-002)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
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4. To the owner’s agreement to abide by the following requirements, dedication
and improvements:
a. Reserve sufficient land along the following roadways, prior to the
approval of a Land Disturbance Permit, as necessary to comply
with the Crabapple Crossroads Plan and the Transportation Master Plan
consistent with adjacent developments, pursuant to the Right of Way
Ordinance.
i. Inter-parcel access points as required by the Community
Development Director
b. Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-of-way as may be required to:
i. Provide at least 10.5 feet of right-of-way from the back of curb of all
abutting road improvements, along the entire property frontage, as
well as allow the necessary construction easements while the rights-
of-way are being improved.
ii. Provide 50 feet right-of-way for connector road, location to be
approved by the Transportation Engineer. This may occur prior to an
LDP of a future phase if a master plan with a phasing plan is a part
of the first LDP plan submitted.
iii. Provide adequate right-of-way dedication for addition of the
following or as approved by the Transportation Engineer:
.
a. Northbound right turn lane on Charlotte Dr.
b. Northbound left turn lane on Charlotte Dr.
c. Westbound Left Turn Lane on Mayfield.
d. Widening taper eastbound on Mayfield to accommodate lane
configuration.
c. Inter parcel access shall be required along the west property line.
Additional Inter-parcel walking trails are required to be installed, trail
easements recorded, and the HOA documents shall include a section of
Adopt A Trail creation. Sidewalk is required along the new. These items
are required as this site is located with the radii of the Safe Routes to
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 27 of 31
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School limits. Access points and trail locations shall be as approved by the
Transportation Engineer.
d. Installation of a new decorative mast arm traffic signal at the corner of
Charlotte Drive and Mayfield Road prior to a Certificate of Occupancy as
approved by the Transportation Engineer.
e. Village Residential area shall have a private named alley. The site plan
must provide adequate fire truck access in alleys and one-way
conditions; as per the newly established Right-of-Way Ordinance as
acceptable to the Transportation Engineer and Fire Marshal. This is
required to be shown using either AutoTurn type software or mechanical
methods for rear wheel tracking on LDP drawings.
f. LDP plans shall meet the newly established Right of Way Ordinance as
required by the Transportation Engineer.
5. a. The developer’s Professional Engineer shall demonstrate to the City by
engineering analysis submitted with the LDP application, that the
discharge rate and velocity of the storm water runoff resulting from the
development is restricted to seventy-five percent (75%) of the pre-
development conditions. The designed (assumed) underground facility
may not be located on individual lots but may be located on common
space, including if necessary locations underneath private alleys which
may never be dedicated to the City as public.
b. Stormwater detention facility shall utilize vegetative measures for water
quality. Individual Land Disturbance Permits/building permits are strongly
encouraged to utilize GASWCC limited application controls such as
infiltration trenches, porous surfaces, etc.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 28 of 31
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APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the proposed
development provide the following information. Comments herein are based on the applicant’s
conceptual site plan and are intended as general non-binding information and in no manner suggest a
final finding by the commenter. All projects, if approved are required to complete the City of Milton
Plan Review process prior to the commencement of any construction activity.
Transportation Facilities:
Road name: Mayfield Road
Classification: Minor Arterial
Level of Service: F
Fulton County Health Department:
The Fulton County Health Department recommends that the applicant be required to connect the
proposed development to public water and public sanitary sewer available to the site.
If this proposed development includes a food service facility, the owner must submit kitchen plans for
review and approval by this department before issuance of a building permit and beginning
construction. The owner must obtain a food service prior to opening.
Plans of this facility must be submitted to this department for review and approval at the time of
application for a Land Disturbance Permit.
Fulton County Schools
Schools Crabapple Crossing
Elementary
Northwestern
Middle
Milton High School
Estimated Number of Students
Generated
6 to 10 4 to 5 4 to 6
State Capacity+ 800 1,100 1,925
Enrollment++ 831 1,206 2,088
Under/Over State Capacity+++ +31 +106 +163
Number of Portable Classrooms
07/08 School Year
4 4 4
Can Facility Meet Increased Demand? Yes Yes Yes
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 29 of 31
RZ07-005 VC07-002
+ Updated Georgia Department of Education state capacity
++ Enrollment based upon the official 10 day count of the 2006-2007 school year.
+++Positive values indicate numbers of students a facility is over state capacity/negative values indicated number of students a
facility is under state capacity.
Water and Wastewater (Sewer):
Water:
Anticipated water demand: 8,628 gallons per day
This project is +/- 25 linear feet from an existing water pipeline, located along Mayfield Road.
Comments: This information does not guarantee that adequate water volume and pressure are
available at this time or will be adequate upon application of permits. Please contact the Department
of Public Works for more information.
Sewer:
Basin: Big Creek
Treatment Plant: Big Creek
Anticipated sewer demand: 6,740 gallons per day
The nearest wastewater pipeline to this project is located in Land Lot 1136, District 2/2.
Comments: This information does not guarantee that adequate sewer capacity is available at this time
or will be available upon application of permits. Please contact the Fulton County Department of Public
Works for more information.
Hydrology:
Staff notes that the submitted site plan shows likely inadequate detention area locations. Locations
shall be as approved by the Stormwater Engineer.
Drainage:
Flood Plain: No Flood Plain.
Fulton County Tax Assessor
Property Tax ID#: 22 -4161-1134-041-2,
Taxes are up to date.
City of Milton Fire Marshal:
• 25-foot distance between parking spaces
• Identify road widths throughout
• Identify hydrant locations
• May have to provide a second exit
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 30 of 31
RZ07-005 VC07-002
APPENDIX B
EXISTING ZONING AND USES IN CRABAPPLE CROSSROADS
Existing Commercial prior to the Plan - 20,408 square feet; Existing Office prior to the Plan- 5,229 square feet
Parcel #
on Map
1
Currently Zoning Petition/Name/
Zoned Total Acerage
MIX 03Z-115 / Crabapple Crossing
12.66 Acres
(Under Development)
Location
Further Southeast
Approved SQ FT and/or
Units based on Sub Area Acreage
12,000 sq.ft. Vil. Mix
31 units Mix Use/ Office/Res
16 units Sub Vil B
Approved Density by
Land Use Sub Area
(++ Exceeds Plan Density)
4.94 units/acre
2.5 units/acre
Approved Overall
Density
947.87 sq. ft/acre
2 MIX 03Z-156 / Crabapple Crossroad East, North, and Wes 12,000 sq ft Vil. Mix 2,970.30 sq.ft/acre 293.98 sq ft/acre
40.82 Acres 7 units Vil Mix Use (4.04 acres) 1.74 units/acre
(Under Development) 11 units Vil Off/Res (2.2 acres) 5 units/acre
8 units Sub Vil A (2.0 acres) 4 units/acre
63 units Sub Vil B (24.5 acres) 2.58 units/acre++
5 units Rural Res (3.47 acres) 1.5 units/acre
6 units Res 0-1 u/a (4.61 acres) 1.31 units/acre++
3 C-1 03Z-146/ Crabapple Tea Room Further Southeast 800 sq. ft Mix Use 536.92 sq.ft/acre 536.92 sq.ft/acre
4 C-1 04Z-134 / Further Southeast 1,500 sq.ft Vil Mix 1,153.85 sq ft/acre 1,153.85 sq.ft./acre
5 C-1 04Z-136/ Interior Decoration Further Southeast 2,500 sq.ft Vil Mix 4,901.06 sq.ft./acre 4,901.06 sq.ft./acre
6 MIX 04Z-093/ Crabapple Station Southeast 19,000 sq.ft Vil Mix (5.63 acres) 3,374.77 sq.ft./acre 1,155.02 sq.ft./acre
16.45 Acres 3,000 sq.ft. Off/Res (3.22 acres) 931.68 sq,ft./acre 182.38 sq.ft./acre
28 Units Vil Mix (5.63 acres) 5 units/acre
11 Units Vil Off (3.22 acres) 3.42 units/acre
19 Units Sub Vil A (4.86 acres) 3.91 units/acre
7 Units Sub Vil B (2.74 acres) 2.56 units/acre*
(*extra unit approved for historic house saved)
7 R-1 05Z-002/ Subdivision Far Southeast 8 units Rural Res (5.96 acre ) 1.35 units/acre
5.96 acres
(Under Development)
8 C-1 05Z-030/ Far East 2,600 sq.ft. Vil Mix 6,089 sq.ft./acre 6,089 sq.ft./acre
(See #13) .427 acre
9 MIX 05Z-070/ Crabapple Crossing East and 20,000 sq.ft. Vil Mix (7.84 acres) 2,551 sq.ft./acre 1,669.45 sq.ft/acre
11.98 acre (this includes rezonin further Northeas 20,000 sq.f ft Office in Vil Mix 2,551 sq.ft./acre 1,669.45 sq.ft/acre
portion of 03Z-156) 39 Units Vil Mix (7.84 acres) 5 units/acre
(Under Development) 5 Units Vil Off (1.04 acres) 5 units/acre
3 Units Sub Vil B (1.86 acres) 1.62 units/acre
2 Units Rural Res (1.18 acres) 2.55 units/acre* (*extra unit approved for historic house saved)
10 C-1 05Z-072 / Sally Rich Kolb Further Southeast 12,800 sq.ft. Vil Mix (1.36 acres) 9,500 sq.ft. counted 9,411.76 sq.ft./acre
1.36 acres 6,985.29 sq.ft/acre
12,800sf-1,850 existing-
1,450 sf bonus for saving historic house
11 C-1 05Z-110 / Larry Davenport Further Southeast 8,000 sq.ft Vil Mix
2.10 acres 6,300 sq.ft. Vil Off
12 MIX 05Z-117/ John Wieland Further North and Ea 2,532 sq ft Commercial Vil Mix
62.87 acres 36,468 sq ft Office Vil Mix
(Under Development) 14 Units Vil Mix 1.61 units/acre
18 Units Vil Off/Res 7.01 units/acre++
17 Units Sub Vil B 6.35 units/acre++
50 Units Residential 0-1 1.09 units/acre++
13 MIX 06Z-047 / Bruce Harris Far East 20,800 sq.ft. Vil Mix 3,946.87 sq.ft/acre
(See #8) 5.27 acres (2,600 sq. ft. Already Counted via 05Z-30)
2 Units Vil Off/Res 0.75 units/acre
4 Units Sub Vil A 3.37 units/acre
14 C-1 06Z-074 / Patton Further Southeast 12,000 sf Vil Mix Comm. previously approved 03Z-115 7,453.42 sq.ft./acre
1.61 acres 8,203 sf Vil Mix 5,095.04 sq.ft./acre
15 C-1 06Z-079 Far East 1,953 sf Vil Mix Comm. Converted historic structure to non residential
.941 acre
16 NUP 05Z-025 West 32 units 3.64 units/acre
8.79 acres
17 R-3 l i l 1.7 uni84Z-079/ Crabapp e Chase S/D South (C ty of A pharetta) ts/acre
(Residential) MHFA:
1,750 sf
18 AG-1 U95-75/Cell Tower
Crabapple Knoll Vet Clinic Further West
19 R-4 Z94-079 Arbor North S/D Further Southwest 31 units 2.0 units/acre
(Residential)
20 C-1 Z81-78 Family Dentistry Further Southeast
(City of Alpharetta)
Alpharetta Gov't Center Further Southeast
(City of Alpharetta)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
7/26/2007 Page 31 of 31
RZ07-005 VC07-002
21
City of Milton
13030 Meld Parkway, Suite 107, Milton, Georgia 30004
-
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM: City blanaget-@
AGENDA ITEM: RZO~-&~
-15260 Hopewell Road to raone from AG-1 to C-1 the
existing 1. E 79 square foot structure by Mark King. (Staff notes that MIX
was the inappropriate district to request and the request has been amended
to C-I and a concurrent variance is needed.)
MEETING DATE: Thursday, August 2,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach addittonal pages /f necessary)
See attached memorandum
APPROVALBYC~TYMANAGER PAPPROVED (I NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: I I YES #
CITY ATTORNEY REVIEW REQUIRED: @ YES 0 NO
WPRovM BY c,wA n o flZ6v,!3 13 NoTAPPRovED
PLACED ON AGENDA FOR:
&VST 2,h7
REMARKS:
PETITION NUMBER:
RZ07-008
PROJECT NAME
The Milton Market
PROPERTY INFORMATION
ADDRESS 15260 Hopewell Road
DISTRICT, LAND LOT 2/2, 534
OVERLAY DISTRICT Northwest Overlay
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING C-1 (Community Business)
ACRES 0.524
EXISTING USE Former general store
PROPOSED USE N/A
OWNER Reunion Park, LLC
ADDRESS 15260 Hopewell Road
PETITIONER/REPRESENTATIVE Mark King
ADDRESS 240 Holcombe Hill Lane
Alpharetta, GA 30004
PHONE (770) 777-0863
INTENT
To rezone to C-1 (Community Business) the existing 1,179 square-foot general store
for an overall density of 2,250 square feet per acre.
Note: The Staff recommended an inappropriate zoning district, C-1 (Community
Business) for the proposed rezoning. Therefore, the proposed request is C-1
(Community Business) and includes only 0.524 acres for this district, allowing the
single family residence to remain AG-1 (Agricultural).
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
RZ07-008 – DEFERRAL 30 DAYS
CITY OF MILTON PLANNING COMMISSION – JULY 24, 2007
RZ07-008 – DENIAL (6-0)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 1 of 17
RZ07-008
LOCATION MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 2 of 17
RZ07-008
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 3 of 17
RZ07-008
SITE PLAN – June 5, 2007
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 4 of 17
RZ07-008
SUBJECT SITE – STREET VIEW (HOPEWELL RD)
SUBJECT SITE:
The subject 0.524 acre site is zoned AG-1 (Agricultural) with an existing single
family house and a former general store.
Standards of Review
(Article 28.4.1) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors A. through G.,
below, as well as any other factors it may find relevant.
A. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The proposed C-1 (Community Business) zoning is inconsistent with the
Focus Fulton 2025 Comprehensive Land Use Plan which recommends that
this site be developed with Agricultural, Forestry and Mining. The
proposed 1,179 square feet of commercial retail, within the former
general store, is primarily inconsistent with the Focus Fulton 2025
Comprehensive Land Use Plan.
B. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
In Staff’s opinion, the proposed development is more intense than
recommended and will likely have an adverse effect on the use or
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 5 of 17
RZ07-008
usability of adjacent and nearby properties. In addition, the proposed
zoning is inconsistent with the Focus Fulton 2025 Comprehensive Land Use
Plan and adjacent and nearby zoning.
C. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The existing store maybe utilized for other uses permitted in the AG-1
(Agricultural) district.
D. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
It is Staff’s opinion that the proposed use may cause increased burden on
the streets and transportation facilities and utilities.
E. Whether the proposal is in conformity with the policies and intent of the
land use plan?
The proposed C-1 (Community Business) zoning is inconsistent with the
policies and intent of the Focus Fulton 2025 Comprehensive Land Use
Plan. A brief description of the project is noted below.
Focus Fulton 2025 Land Use Plan Map: Agricultural, Forestry and Mining
Proposed use/density:
General Store / 2,250 square feet per acre
The Focus Fulton 2025 Land Use Plan Map suggests Agricultural, Forestry
and Mining on the surrounding properties to the subject site.
The Milton City Council adopted the Focus Fulton 2025 Comprehensive
Plan as the City’s Comprehensive Plan on November 21, 2006. The
proposed development is inconsistent with the following Plan Policies:
• Preserve the existing rural character, as defined by such factors
as agricultural uses, visual appearance, tree densities,
greenspace, vegetation and use.
• Preserve and promote agricultural uses, as appropriate.
F. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 6 of 17
RZ07-008
Staff notes that there is no evidence supporting an approval of the use
proposed, but the fact that all surrounding properties are zoned for AG-1
(Agricultural) and are recommended for Agricultural, Forestry and Mining
by the Focus Fulton 2025 Comprehensive Land Use Plan gives supporting
grounds for denial.
G. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
Staff notes that the proposed rezoning will have a minimal impact on the
environment and natural resources.
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 1
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Northeast 2
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
East 3
(AG-1)
AG-1 (Agricultural)
Bell Memorial Park & Various
Single-Family Residential
1 unit/acre
(Various sq.ft.)
Southeast 4
(AG-1)
AG-1 (Agricultural)
Champions Overlook
Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
South 5
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Northwest 6
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 7 of 17
RZ07-008
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 8 of 17
RZ07-008
H. Suitability of the subject property under the existing zoning district for the
proposed use?
The use can not be developed under the AG-1 (Agricultural) district. The
applicant is requesting a retail use that is not permitted under AG-1.
I. Suitability of the subject property under the proposed zoning district for the
proposed use?
The proposed use is suitable for the proposed zoning district of C-1
(Community Business). This zoning district allows for the proposed
retail/service commercial use.
J. The possible creation of an isolated zoning district unrelated to adjacent
and nearby districts.
The proposed rezoning to C-1 (Community Business) would create an
isolated district. There is currently no C-1 (Community Business) or C-1
(Community Business) in the immediate vicinity of the proposed rezoning
and the site is completely surrounded by AG-1 (Agricultural).
K. Possible effects of the change of the zoning or change in use on the
character of a zoning district or overlay district?
Staff notes that the proposed change of zoning may have a negative
impact on the character of the Northwest Overlay District by setting a
precedent for future commercial retail to develop along the Hopewell
Road corridor.
L. Whether the proposed zoning will be a deterrent to the value or
improvement of development of adjacent property in accordance with
existing regulations?
Staff is of the opinion that the change in the zoning may be a deterrent to
the value of adjacent properties developed or anticipated to be
developed under existing regulations.
M. The possible impact on the environment, including but not limited to,
drainage, soil erosion and sedimentation, flooding, air quality and water
quality?
Staff notes that the proposed rezoning may have an impact on the
environment because of the impervious surface of the existing parking lot
and absence of landscape strips.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 9 of 17
RZ07-008
N. The relation that the proposed zoning bears on the purpose of the overall
Land Use Plan with due consideration given to whether or not the
proposed change will carry out the purposes of this Land Use Plan.
The proposed rezoning as submitted is not consistent with the overall
Focus Fulton 2025 Comprehensive Land Use Plan for the area because the
proposed land use does not match the recommended Agricultural,
Forestry and Mining designation.
O. The consideration of the preservation of the integrity of residential
neighborhoods shall be considered to carry great weight. In those
instances in which property fronts on a major thoroughfare and also
adjoins an established residential neighborhood, the factor of preservation
of the residential area shall be considered to carry great weight.
The proposed rezoning indicates the non-residential use towards Hopewell
Road and continues to use the single family home as a residence. This is
not consistent with the area land uses of single family residential and
agricultural uses.
P. The amount of undeveloped or zoned land in the general area affected
which has the same zoning or future land use classification as the
proposed rezoning.
There are currently no existing approved zonings and land use
classifications surrounding the subject site that are similar to the proposed
rezoning.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on June 5, 2007, Staff offers the following considerations:
Northwest Overlay District
BUILDING SETBACKS
Article 12H.3.5 Section C.1 of the Northwest Overlay District requires a maximum
20-foot building setback from the edge of the required landscape strip and/or
easements. The applicant’s site plan shows compliance with the requirement.
BUILDING HEIGHT
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 10 of 17
RZ07-008
Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum
height limit of two stories with the maximum height 30 feet from average-finished
grade to the bottom of the roof eave. The applicant’s proposal has indicated
no changes to the existing structures on the property which are compliant with
the requirement.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a 50’
undisturbed buffer, with a 10’ improvement setback, shall be located adjacent
to all AG-1 zoning districts and all property zoned, used, or developed for
residential uses. The site plan does not show conformance with this requirement.
Staff recommends that the petition be DEFERRED 30 DAYS to allow proper
notification of a concurrent variance to reduce the 50’ undisturbed buffer and
10’ improvement setback to a 10’ landscape strip planted to buffer standards
along the south property line.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed uses:
Proposed Use Minimum Requirement Spaces Provided
• Retail Service Commercial • 6 spaces per 1,000 sq. ft. of • 6 spaces provided
(1,179 sq. ft.) building area (5 spaces)
Total 6 spaces required 6 spaces provided
Staff notes that the applicant is providing six (6) parking spaces, which meets
the required six (6) parking spaces required per Article 18 of the City of Milton
Zoning Ordinance. It also appears that the site plan is in compliance with the
landscape and layout requirements of Article 12H.1.
PUBLIC INVOLVEMENT
On June 27th, 2007 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were five to seven
members of the community in attendance. They were primarily concerned with
the inconsistency of the submitted plan, for the general store, with the Focus
Fulton 2025 Comprehensive Land Use Plan which recommends Agricultural,
Forestry and Mining for the subject site. In addition they feel that approval of this
existing structure as a retail store will set a precedent for further non-residential
zonings in the area.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 11 of 17
RZ07-008
Public Comments – Staff has received approximately 5 e-mails with the same
concerns as stated above which are attached to this report.
City of Milton Design Review Board Meeting – July 10, 2007
The following comment was made by the DRB:
o Concerned if there would be adequate parking.
Public Notice Requirements
The rezoning petition was advertised in the Milton Herald on July 4th, 2007 and
the sign was installed before the required date of July 3rd, 2007 along the
frontages of Hopewell Road and Thompson Road. The notice of rezoning was
sent, to adjacent property owners on July 9th, 2007.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 days prior
to the Mayor and City Council meeting.
CONCLUSION
The proposed commercial retail and residential development is inconsistent with
the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan
and inconsistent with recent Board Policy. Staff recommends a need for a
concurrent variance to reduce the 50’ undisturbed buffer and 10’ improvement
setback to a 10’ landscape strip planted to buffer standards. Therefore Staff
recommends that this request to C-1 (Community Business) be DEFERRED 30
DAYS. A set of Recommended Conditions are included if the Mayor and City
Council chooses to approve the proposed development as submitted.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 12 of 17
RZ07-008
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail, service commercial and/or office and accessory uses in the
existing structure, including all exterior food and beverage service
areas, at a maximum density of 1,871.43 gross square feet per acre
zoned or a total of 1,179 square feet based on .63 acre, whichever
is less, but excluding convenience stores with gas pumps,
freestanding fast food restaurants, commercial amusements, day
care, businesses with drive-through service, pawn shops, check
cashing businesses, billiards or pool halls, designated recycling
collection stations, used car lots, self-service laundry facilities;
arcades, amusements, galleries or game rooms; outdoor vending
machines, kiosks or other stands except ATM machines; dry
cleaning plant excluding dry cleaning establishments which offer
drop-off/pickup service only; sale, lease or rental of motorized
vehicles or trailers; tattoo or body piercing parlors; adult theme
bookstores, video stores, movie theatres, and/or establishments
offering the sale or rental of related machines, tapes, discs, books,
magazines and novelty items; check cashing establishments; liquor
stores excluding wine shops; massage parlors or spas, excluding day
spas; bars, lounges or other establishments whose principle business
is the sale of alcoholic beverages; and night clubs or similar
establishments, including those offering strip tease or nudity as
entertainment.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on June 5, 2007. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. In the event the
Recommended Conditions of Zoning cause the approved site plan
to be substantially different, the applicant shall be required to
complete the concept review procedure prior to application for a
Prepared by the Community Development Department for the
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7/26/2007 Page 13 of 17
RZ07-008
Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) The developer’s Professional Engineer shall demonstrate to the City by
engineering analysis submitted with the Land Disturbance Permit
application, that the discharge rate and velocity of the storm water
runoff resulting from the development is restricted to seventy-five
percent (75%) of the pre-development conditions, should more than
5,000 square feet be impervious or disturbed (whichever is greater) on
the entire parcel. Locations shall be as approved by the Stormwater
Engineer.
b) Stormwater detention facility shall utilize vegetative measures for water
quality. Individual Land Disturbance Permits/building permits are
strongly encouraged to utilize GASWCC limited application controls
such as infiltration trenches, porous surfaces, rain garden, etc.
c) To pump out the existing septic tank prior to Certificate of Occupancy.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Reserve sufficient land as necessary to provide for compliance with
the Transportation Master Plan and the adjacent developments,
according to the definitions in the newly established Right of Way
Ordinance.
b) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-of-way as may be required to:
(i) Provide at least 10.5 feet of right-of-way from the back of
curb of all abutting road improvements, along the entire
property frontage, as well as allow the necessary construction
easements while the rights-of-way are being improved.
(ii) Provide a 20-foot easement for the Milton Trail along
Hopewell Road and Thompson Road. Install section of trail
Prepared by the Community Development Department for the
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7/26/2007 Page 14 of 17
RZ07-008
along each frontage as approved by the Transportation
Engineer
(iii) Provide 20-foot from centerline right-of-way along both
Thompson Road and Hopewell Road.
c) Driveway entrances shall meet the Community Service Policies and
AASHTO guidelines.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 15 of 17
RZ07-008
APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Transportation:
Comments:
• The proposed mitigation conditions of zoning are in accordance with the Right of Way
Ordinance Section 3.2.d.
• Note that the site was paved up to the existing edge of roadway without a Right-of-Way
permit. This work does not meet City standards for location and no asphalt cores were
produced for City acceptance.
• All rezonings are required to submit traffic studies per Right-of-Way Ordinance, Article 8.
Note that a scoping meeting is required prior to beginning a traffic study and that traffic.
• Counts are not valid during the summer of the school year (until August 15, 2007).
• Scope of Required Traffic Study:
o Sight distance certification for all entrances
o Checklist for Traffic Impact Studies
o Discuss of how commercial use will affect offset intersection geometry and
operation.
Fulton County Health Department:
Comments:
• The Fulton County Health Department recommends that the applicant be required to
connect the proposed development to public water and public sanitary sewer available
to the site.
• If this proposed development includes a food service facility, the owner must submit
kitchen plans for review and approval by this department before issuance of a building
permit and beginning construction. The owner must obtain a food service prior to
opening.
• Plans of this facility must be submitted to this department for review and approval at the
time of application for a Land Disturbance Permit.
Fulton County Schools
Comments:
• Staff notes that the proposed rezoning will have minimal impact on the surrounding
school system.
Fulton County Tax Assessor:
Property Tax ID #: 22-4880-0534-019-6
Water and Wastewater (Sewer):
Water: Fulton County Public Works Department
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7/26/2007 Page 16 of 17
RZ07-008
Anticipated water demand: No data available at printing.
This parcel is not on public sewer
Comments: This information does not guarantee that adequate water volume and pressure are
available at this time or will be adequate upon application of permits. Please contact the Fulton
County Department of Public Works for more information.
Comments:
• This information does not guarantee that adequate sewer capacity is available at this
time or will be available upon application of permits. Please contact the Fulton County
Department of Public Works for more information.
Drainage:
Flood Plain: No flood plain
Hydrology:
Types of detention proposed: None proposed, water quality required. If greater than 5,000
square feet, then detention required.
Comments:
• A concept Stormwater meeting with the Stormwater Engineer is required. The design and
layout shown with the rezoning site plan may or may not meet all minimums required by
the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after
said concept meeting. Staff notes that the submitted site plan shows likely inadequate
detention area locations.
City of Milton Fire Marshal:
Comments:
• No comment
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RZ07-008
n
City of Milton
13000 Deerheld Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM: City Manager
AGENDA ITEM; RZ07-00b / UPO7-002I VC07-006 -3455 Momis Road to rezone from
AG-1 to A (Staff notes that the site is currently zoned A pursuant to 206-
E 24 and therefore the rezoning petition RZOT-009 portion of the request is
not needed to develop a 9,500 square foot Montessori School and a
concurrent variance to decrease the 20-foot landscape strip to 10 feet
dong Webb Road.
MEETING DATE: Thursday, August 2,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessasy)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (p NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: 0 YES Po
CITY ATTORNEY REVIEWREQUIRED: & YES (1 NO
(1 NOT APPROVED
PLRCED ON AGENDA FOR: Au6ua t,2007
REMARKS:
PETITION NUMBER(S):
RZ07-009
UP07-002
VC07-006
PROJECT NAME
Montessori School
PROPERTY INFORMATION
ADDRESS 3455 Morris Road
DISTRICT, LAND LOT 2/2 1045, 2/1 1044
OVERLAY DISTRICT State Route 9
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING A (Medium Density Apartments) and Use Permit
(Article 19.4.15)
ACRES 2.96
EXISTING USE 3 abandoned buildings
PROPOSED USE Day Care Facility
OWNER James Bagwell
PETITIONER/REPRESENTATIVE AHD Consultants, Inc. / David Shokoohi
ADDRESS 2145 Barnsmill Road, Marietta, GA 30062
PHONE 770-565-3933
INTENT
To rezone from AG-1 (Agricultural) to A (Medium Density Apartments) and to request
a Use Permit (Article 19.4.15) for a day care center to develop a 9,500 square foot
Montessori School with eight (8) classrooms at a density of 3,209.46 square feet per
acre. The applicant is also seeking a Concurrent Variance to decrease the 20-foot
landscape strip to 10 feet along Webb Road. (Since the application was submitted,
it was discovered that the subject site is currently zoned A (Medium Density
Apartments) pursuant to Z06-124, therefore the request for a rezoning is no longer
needed.
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RZ07-009 UP07-002 VC07-006
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
RZ07-009 – WITHDRAWAL
UP07-002 – APPROVAL CONDITIONAL
VC07-006 – DENIAL
CITY OF MILTON PLANNING COMMISSION – JULY 24, 2007
UP07-002 – APPROVAL CONDITIONAL (6-0)
VC07-005 – DENIAL (6-0)
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LOCATION MAP
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CURRENT ZONING MAP
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SITE PLAN – June 7, 2007
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Subject Site from Morris Road
Subject Site from Morris Road
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Subject Site from Webb Road
A. Existing uses and zoning of nearby property (See Map following table)
Location Parcel
/Zoning
Petition
Zoning/Name Approved
Density
North &
East
1
(Z96-124)
A (Medium Density
Apartments)
Alta Park Apts.
12 unit/acre
South 2
(Z96-125/
U96-67)
O&I (Office-Institutional)/ Use
Permit to exceed height
One Deerfield Centre
19,998 sq.ft./acre and 420
room hotel
Southwest 3
(Z02-53)
C-2 (Community Business)
Exxon and Various
Retail/Service
15,000 sq.ft./acre
Farther
Southwest
4
(Z97-125/U97-
54)
O-I (Office-Institutional)/Use
Permit to exceed height
Deerfield Corporate Centre
16,000 sq.ft./acre
West 5
(05Z-22)
MIX (Mixed Use)
Deerfield Green
8 units/acre, 2,000 sq.ft.
minimum heated floor area
Retail/Commercial / 1,760.91
sq/ft per acre
Farther
Northwest
6
(Z00-31)
TR (Townhouse Residential)
Morris Lake
6.23 units/acre
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EXISTING USES AND ZONING MAP
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RZ07-009 UP07-002 VC07-006
SUBJECT SITE:
The subject site contains 2.96 acres on the northeast corner of Webb and Morris
Roads. The property currently is developed with three large abandoned
buildings which will be demolished prior to development of the parcel. It is
currently zoned A (Medium Density Apartments) pursuant to Z96-124 and
located within an 8 to 12 units per acre Residential land use designation on the
Focus Fulton 2025 Comprehensive Future Land Use Map.
After further research by Staff, it was determined that the existing zoning for both
parcels included in the application was zoned A (Medium Density Apartments)
pursuant to Z96-124. Therefore, a rezoning from AG-1 (Agricultural) to A
(Medium Density Apartments) is not required. Therefore, Staff is recommending
that this portion of the application be withdrawn since a Use Permit for a Day
Care Facility is permitted in A (Medium Density Apartments). Since the rezoning
application was advertised for AG-1 (Agricultural) to A (Medium Density
Apartments, Staff’s discussion is included below:
Standards of Review
(Article 28.4.1) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors A. through G.,
below, as well as any other factors it may find relevant.
A. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The proposed A (Medium Density Apartments) zoning to develop a day
care center is consistent with the Focus Fulton 2025 Comprehensive Future
Land Use Plan Map that recommends 8 to 12 units per acre Residential.
The adjacent and nearby property to the east, north and west is zoned
and developed for medium density residential and developed or under
development with multi-family residential uses.
B. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
In Staff’s opinion, the proposed school and day care center will not
adversely affect the existing use or usability of adjacent or nearby
properties if developed with the Recommended Conditions.
C. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
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RZ07-009 UP07-002 VC07-006
The subject site may have a reasonable use as currently zoned which is A
(Medium Density Apartments).
D. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
The proposed development is not anticipated to have an adverse impact
on the existing public facilities and services in this area, provided the
Recommended Conditions are incorporated into the development of the
subject site.
E. Whether the proposal is in conformity with the policies and intent of the
land use plan?
The proposed multi-family zoning and day care center is consistent with
the policies and intent of the Focus Fulton 2025 Land Use Plan. A brief
description of the project is noted below:
Focus Fulton 2025 Land Use Plan Map: 8 to 12 units per acre Residential
Proposed use/density:
Day Care Center / 3,209.46 square feet per acre
The Focus Fulton 2025 Land Use Plan Map suggests 8 to 12 units per acre
Residential to the north and east of the subject site; to the south the Plan
Map suggests Office; Retail & Service to the southwest and Living-Working
to the west.
The Milton City Council adopted the Focus Fulton 2025 Comprehensive
Plan as the City’s Comprehensive Plan on November 21, 2006. The
proposed development is consistent with the following Plan Policies:
• Encourage compatible institutional uses in neighborhoods
and communities.
• Building heights should be compatible with the surrounding
area and/or be consistent with transitional policies and other
land use policies.
• Direct development to areas where infrastructure is provided
or planned.
• Locate housing, employment centers and services in areas
where public transit and transportation infrastructure are
available or planned.
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RZ07-009 UP07-002 VC07-006
F. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Existing zonings of high density residential and office in the area and
adopted land use policies support this request for Medium Density
Apartments to develop a day care facility. The proposal will call for the
removal of aging/dilapidating structures on the property, which currently
pose a public safety and code enforcement concern in their existing state
of disrepair.
G. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
The proposed use is not considered environmentally adverse affecting
natural resources, the environment, or the citizens of Milton. However, the
applicant is required to comply with all of the City’s environmental
regulations at the time of application for Land Disturbance or Building
Permit.
In the interest of the public health, safety and welfare, the Mayor and Milton
City Council may exercise limited discretion in evaluating the site proposed for a
use that requires a Use Permit. In exercising such discretion pertaining to the
subject use, the Mayor City Council shall consider each of the following as
outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations.
Staff has reviewed said items pertaining to the subject use, and offers the
following comments:
A. Whether the proposed use is consistent with the Land use or development
plans adopted by the City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.15 of the
Zoning Ordinance, the proposed development is consistent with the intent
and the following policies of the Focus Fulton 2025 Land Use Plan:
• Encourage compatible institutional uses in neighborhoods
and communities.
• Building heights should be compatible with the surrounding
area and/or be consistent with transitional policies and other
land use policies.
• Direct development to areas where infrastructure is provided
or planned.
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• Locate housing, employment centers and services in areas
where public transit and transportation infrastructure are
available or planned.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
The proposed development is compatible with land uses and zoning
districts in the surrounding area, if the site is developed in accordance
with Staff’s Recommended Conditions and other City of Milton
development standards. The proposed 9,500 square foot day care center
at a density of 3,209.46 square feet per acre is compatible with the
surrounding multi-family residential and office development in the area.
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known statutes, ordinances or
regulations governing land development.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
Staff anticipates that there will be an increase in vehicular traffic flow with
the proposed day care center. There maybe some increased pedestrian
flow since there is a concentration of high density residential within
walking distance. The applicant will be providing the required sidewalks
along both Webb and Morris Roads. Typically, this type of use is utilized by
residents and employees who are already utilizing the surrounding road
system. Road improvements included in the Recommended Conditions
will help to mitigate any negative impacts of increased traffic in the area.
E. The location and number of off-street parking spaces:
The applicant’s site plan shows that 24 parking spaces will be provided for
the proposed use and will be located in front and to the side of the
building. Staff is of the opinion that given the required landscaping along
perimeter property lines, there will be little to no impact on adjacent
properties.
F. The amount and location of open space:
Staff is of the opinion that the required building setbacks along with
buffers and landscape strips should provide adequate open space for the
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RZ07-009 UP07-002 VC07-006
site. In addition, the applicant shows a large portion of the site
undeveloped in the front of the property.
G. Protective Screening:
The required landscape strips along Webb and Morris Roads and interior
property lines will screen the proposed use from adjacent residentially
zoning properties to the east, north and west, thus minimizing negative
impacts. The site shall provide a 6-foot high opaque privacy fence interior
to landscape strips and around the around the periphery of the proposed
play area.
H. Hours and Manner of Operation:
The applicant has stated that the operations for the day care will be
Monday through Friday, 6:30 a.m. to 6:30 p.m. The facility will be closed
on Saturday and Sundays. Staff is of the opinion that this use will not
negatively impact the adjacent properties if the Staff’s Recommended
Conditions are implemented to minimize the increased number of trips
generated by the use. Typically, this type of use is utilized by residents and
employees who are already utilizing the surrounding road system.
I. Outdoor Lighting:
The applicant has not indicated to Staff that there will be any type of
outdoor lighting. Given that there will be some sort of lighting within the
parking lot that shall conform to Article 12G.4.D. of the State Route 9
Overlay District at the time of Land Disturbance Permit. Staff is of the
opinion that the required landscape strips will minimize lighting escaping
from the site.
J. Ingress and Egress to the property:
The applicant’s site plan indicates that a driveway would be provided
from Webb Road to access the property. The site plan shows an
appropriate placement of the commercial driveway away from the
intersection of Webb and Morris Roads.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on June 7, 2007 Staff offers the following considerations:
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RZ07-009 UP07-002 VC07-006
BUILDING SETBACKS
Pursuant to Article 7.3.3., A (Medium Density Apartment District) the following
building setbacks are required:
Front – 40 feet along Morris Road
Side Corner – 40 feet along Webb Road
Rear – 25 feet along the east property line
Side – 25 feet along the north property lines
The site plan indicates conformance with the above specified building setbacks.
BUILDING HEIGHT
The applicant has stated that the proposed building will be 2 stories in height. It
does not specify the exact height but Staff notes that the A (Medium Density
Apartment District) allows buildings to be a maximum of 45 feet or 3 stories,
whichever is higher. It appears that the proposed building will be in
conformance with the district standards for height.
LANDSCAPE STRIPS
The site plan indicates a 10-foot landscape strip adjacent to interior property
lines which is in conformance with Article 4.32.1 of the Zoning Ordinance.
The site plan indicates a 40-foot and 20-foot landscape strip along Webb and
Morris Roads respectively. The required landscape strips pursuant to 12G.4.A
requires a 20-foot landscape strip. The applicant is requesting a concurrent
variance from 20 feet to 10 feet where the parking lot encroaches along the
south property line. Staff notes that only a 20-foot landscape is required. Based
on the configuration of the parcel, the amount of undeveloped property and
that the site is providing more parking than required; Staff is of the opinion that
the applicant has not demonstrated a hardship that is not self-imposed.
Therefore, Staff recommends DENIAL of VC07-006 to reduce the landscape strip
where the parking encroaches along the south property line.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed uses:
Proposed Use Minimum Requirement Spaces Provided
• Day Care Facility • 1.7 spaces per 1000 sq.ft • 24 Spaces
(9,500 sq.ft.) plus one per 4 employees
(10 employees at largest on the largest shift.
Shift) (16 spaces plus 3 for
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RZ07-009 UP07-002 VC07-006
employees )
19 total spaces required
The applicant has indicated 10 employees on the largest shift. The total number
of spaces required is 19 and the site plan shows 24 spaces. At the time of Land
Disturbance, the applicant will be required to show compliance with the
minimum required parking spaces for the use.
OTHER CONSIDERATIONS
The proposed development is in compliance with the State Route 9 Overlay
District Standards. Staff notes that prior to a Land Disturbance Permit and any
Building Permits, the City of Milton Design Review Board will be required to
review it prior to these permits being issued.
PUBLIC INVOLVEMENT
The applicant attended the Community Zoning Information Meeting on June 27,
2007. There was no opposition to the proposed Montessori School at the
meeting. In addition, the Staff has not received any e-mails or phone calls
regarding this petition.
City of Milton Design Review Board Meeting – July 10, 2007
The applicant was not present at the Design Review Board meeting.
Public Notice Requirements
The rezoning petition was advertised in the Milton Herald on July 4, 2007 and the
sign was installed before July 3, 2007 along the frontages of Webb and Morris
Roads. The notice of rezoning was sent via United States Postal Service on July 9,
2007.
Public Participation Plan and Report
The applicant has met the requirements of Part 1 of the Public Participation Plan
as required by the Zoning Ordinance.
CONCLUSION
In Staff’s opinion, the proposed day care facility is consistent with Plan policies
and is an appropriate use for the area, if developed with the requirements of
the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff
recommends the Use Permit be APPROVED CONDITIONAL subject to the
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RZ07-009 UP07-002 VC07-006
attached Recommended Conditions. Staff recommends that the rezoning
request, RZ07-009 be WITHDRAWN since it is not necessary.
Staff is of the opinion that the requested reduction of the 20-foot landscape strip
to 10 feet along the south property line adjacent to the parking would not meet
the intent and policies of the Zoning Ordinance. Therefore, Staff recommends
DENIAL of the concurrent variance
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED Use Permit for a Day Care Facility (Article 19.4.15) subject to the
owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1. To the owners agreement to restrict the use of the subject property as
follows:
a. Restrict the use of the subject property to a day care facility at a
maximum density of 3,209.46 square feet per acre zoned or a total
gross floor area of 9,500 square feet, whichever is less.
b. Restrict the number of students in the day care facility to 160.
2. To the owner’s agreement to abide by the following:
a. To the site plan received by the Community Development
Department on June 7, 2007. Said site plan is conceptual in nature
and must meet or exceed the requirements of the Zoning
Ordinance, all applicable city ordinances, and these
conditions prior to the approval of a Land Disturbance Permit. In
the even the Recommended Conditions of Zoning cause the
approved site plan to be substantially different, the applicant shall
be required to complete the concept review procedure prior to
application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to
the issuance of the first Certificate of Occupancy.
b. Prior to the issuance of a Certificate of Occupancy, comply with all
regulations of the Georgia Department of Human Resources and
file a copy of the approved registration with the Community
Development Department.
3. To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a. Reserve sufficient along the following roadways, prior to the
approval of a Land Disturbance Permit, as necessary to comply
with the Transportation Master Plan consistent with adjacent
developments, pursuant to the Right of Way Ordinance.
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b. Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-of-way as may be required to:
i. Provide at least 10.5 feet of right-of-way from the back of
curb of all abutting road improvements, along the entire
property frontage, as well as allow the necessary construction
easements while the rights-of-way are being improved.
ii. Provide 45 feet of right-of-way from centerline of both Morris
Road and Webb Road.
c. Driveway entrances shall meet the Community Service Policies and
AASHTO guidelines, or roads be reconstructed to meet such criteria,
at the approval of the Transportation Engineer. Driveway entrances
shall provide for the ninety-five percent (95%) queue with
uninterrupted traffic flow onto the main line and/or a minimum
throat length of two hundred feet.
4. a. The developer’s Professional Engineer shall demonstrate to the City
by engineering analysis submitted with the LDP application, that the
discharge rate and velocity of the storm water runoff resulting from
the development is restricted to seventy-five percent (75%) of the
pre-development conditions. The designed facility is required to be
underground. Locations shall be as approved by the Stormwater
Engineer.
b. Stormwater detention facility shall utilize vegetative measures for
water quality. Individual Land Disturbance Permits/building permits
are strongly encouraged to utilize GASWCC limited application
controls such as infiltration trenches, porous surfaces, rain gardens,
etc.
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7/26/2007 Page 18 of 20
RZ07-009 UP07-002 VC07-006
APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Transportation:
Comments:
• The proposed conditions of zoning are in accordance with the Right of Way Ordinance
Section 3.2.d.
• A traffic study is required for this rezoning per Right-of-Way Ordinance Article 8 (Daycare,
School, Rezoning) prior to the issuance of a Land Disturbance Permit. Note that the
ordinance also requires a scoping meeting prior to such study beginning and that counts
are required to be done during the school year (no earlier than August 15, 2007).
• Scope of Traffic Study Required:
o Sight distance certification of all entrances
o Fulfill City Checklist for Traffic Impact Study
Fulton County Health Department:
Comments:
• The Fulton County Health Department recommends that the applicant be required to
connect the proposed development to public water and public sanitary sewer available
to the site.
• If this proposed development includes a food service facility, the owner must submit
kitchen plans for review and approval by this department before issuance of a building
permit and beginning construction. The owner must obtain a food service permit prior to
opening.
• Plans of this facility must be submitted to this department for review and approval at the
time of application for a Land Disturbance Permit.
Fulton County Tax Assessor:
Property Tax ID #: 21-5480-1044-003 – Taxes are up to date.
Water and Wastewater (Sewer):
Water:
Anticipated water demand: Waiting for comments from Fulton County Public Works.
Comments:
• This information does not guarantee that adequate water volume and pressure are
available at this time or will be adequate upon application of permits. Please contact
the Fulton County Department of Public Works for more information.
Sewer:
Basin: Big Creek
Treatment Plant: Big Creek
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Anticipated sewer demand: Awaiting comments from Fulton County Public Works.
Comments:
• This information does not guarantee that adequate sewer capacity is available at this
time or will be available upon application of permits. Please contact the Fulton County
Department of Public Works for more information.
Drainage:
Flood Plain: No flood plain
Hydrology:
Type of Detention Proposed: Dry pond with four sided concrete walls. Underground
vault/pipes are requested when four sided concrete “ponds”
are designed.
Comments:
• A concept Stormwater meeting with the Stormwater Engineer is required. The design
and layout shown with the rezoning site plan may or may not meet all minimums required
by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans,
after said concept meeting. Staff notes that the submitted site plan shows likely
inadequate detention area locations.
City of Milton Fire Marshal:
Comments:
• May need to provide three sides access with an approved apparatus turnaround.
• Roadways in and out need to maintain minimum widths for apparatus.
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
-
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM: City Manager Jt
AGENDA ITEM: W07-001/VC07-004 -15386 Birmingham Highway (SR 372) to request
a Use Permit for landscaping business (Article 19.4.27) to use an existing
1,200 sq.ft home and a 500 sq. ft. barn and develop a 3,750 sq.R. bm.
The applicant is also requesting a concurrent variance to reduce the 50-
foot buffer and 10-foot improvement setback to a 25 foot buffer and 10-
foot improvement setback along the east and west property lines (Article
12H.3.5.6.1).
MEETING DATE: Thursday, August 2,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach addrt~onalpages rf necessary)
See attached memorandum
APPROVAL BY ClTY MANAGER: () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: 0 YES flNO
CITY ATTORNEY REVIEW REQUIRED: YES 0NQw
APPROVAL BY CITY ATTORNEY APPROVED (1 NOTAPPROVED
PLACED ON AGENDA FOR: hb~~fz@7
REMARKS:
PETITION NUMBER(S):
UP07-001
VC07-004
PROJECT NAME
North River Landscaping, LLC
PROPERTY INFORMATION
ADDRESS 15386 Birmingham Highway (SR 372)
DISTRICT, LAND LOT 2/2, 486
OVERLAY DISTRICT Northwest Overlay
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING N/A
ACRES 1.94
EXISTING USE Single family residence and small barn
PROPOSED USE Landscape business (Article 19.4.27)
OWNER Michael G. Boland, William G. Bradach, David A. Rindt
ADDRESS 15386 Birmingham Highway
PETITIONER/REPRESENTATIVE North River Landscaping, LLC
ADDRESS P.O. Box 2554
Roswell, GA 30077
PHONE (404) 374-9466
INTENT
To request a Use Permit for a landscape business operation, to use an existing
1,200 square foot home and a 500 square foot existing barn and develop a 3,750
square foot barn in the rear of property at an overall density of 2,089 square feet
per acre. In addition, to request a two part concurrent variance; Part 1: To
reduce the 50’ buffer and 10’ improvement setback to a 25’ buffer and 10’
improvement setback along the east and west property lines (Article
12H.3.4.c.1). Part 2: To reduce the 50’ setback adjacent to AG-1 (Agricultural)
to 30’ along the east property line (Article 19.4.27.B.3.)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 1 of 20
UP07-001 VC07-004
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
UP07-001 – APPROVAL CONDITIONAL
Part 1 & 2 VC07-004 – APPROVAL CONDITIONAL
CITY OF MILTON PLANNING COMMISSION – JULY 24, 2007
UP07-001 – APPROVAL CONDITIONAL (6-0)
Part 1 & 2 VC07-004 – APPROVAL CONDITIONAL (6-0)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 2 of 20
UP07-001 VC07-004
LOCATION MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 3 of 20
UP07-001 VC07-004
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 4 of 20
UP07-001 VC07-004
Site Plan - June 5, 2007
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 5 of 20
UP07-001 VC07-004
SUBJECT SITE – BACK YARD
SUBJECT SITE - BARN
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 6 of 20
UP07-001 VC07-004
SUBJECT SITE – PORCH TO STREET VIEW
SUBJECT SITE – STREET VIEW
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 7 of 20
UP07-001 VC07-004
SUBJECT SITE – STREET VIEW 2
SUBJECT SITE – WEST PROPERTY LINE
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 8 of 20
UP07-001 VC07-004
SUBJECT SITE – WOOD TO HOUSE VIEW
SUBJECT SITE:
The subject site is a 1.94 acre tract of agriculturally zoned land, located on the
northern side of Birmingham Highway (SR 372). The subject site is developed
with a single-family residence and a small barn. It is located within the
Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025
Comprehensive Land Use Plan.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 9 of 20
UP07-001 VC07-004
Existing uses and zoning of nearby property (See Map following table)
Location Parcel /
Zoning Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 1
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
East 2
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Southeast 3
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Further
Southeast
4
(AG-1)
AG-1 (Agricultural)
White Columns Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
South 5
(AG-1)
AG-1 (Agricultural)
Colonnade at White Columns
Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
West 6
(AG-1)
AG-1 (Agricultural)
Various Single-Family
Residential
1 unit/acre
(Various sq.ft.)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 10 of 20
UP07-001 VC07-004
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 11 of 20
UP07-001 VC07-004
Pursuant to 2003U-019 and 2003U-029 a request for a use permit for a
landscaping business and agricultural related activities within the existing
buildings were approved by the Fulton County Board of Commissioners on
March 3, 2004. It is located on the south side of Hickory Flat Road adjacent to
the Fulton/Cherokee County line.
Pursuant to 2002U-021 and 2002VC-056 a use permit for a landscaping business
and a concurrent variance was approved by the Board of Commissioners on
September 4, 2002. It is located on Hopewell Road
Pursuant to 2004U-008 a request for a use permit and concurrent variance for a
landscaping business with a 4,000 square foot building was denied by the Fulton
County Board of Commissioners on September 1, 2004. It is located on the east
side of Birmingham Hwy north of Birmingham Road.
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.27. of the
Zoning Ordinance, the proposed development is consistent with the intent
and following policies of the Comprehensive Plan:
• Encourage compatible institutional uses in neighborhoods and
communities.
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
If developed in accordance with Staff’s Recommended Conditions and
the provisions of the Zoning Ordinance, the proposed landscape business
is expected to be compatible with other land uses in the surrounding
area.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 12 of 20
UP07-001 VC07-004
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known local, state and/or federal
statutes, ordinances or regulations governing land development.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use will not generate a significant increase in traffic.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 3 parking
spaces for the proposed development. Article 19.4.10 requires the
applicant to locate parking outside of the minimum 60-foot front yard
building setback. The applicant’s site plan indicates 3 parking spaces
which do meet the requirements set out by Article 18.2.1 and is located
outside the 60-foot front yard building setback.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately two-thirds of the
subject site is undeveloped. Staff is of the opinion that the proposed
development will provide adequate open space.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay District, the buffer and
landscape strip requirements and the existing screening around the
structures will provide adequate screening for the proposed
development.
H. Hours and manner of operation;
The applicant indicated that there will be about 1 or 2 attendees for
administrative purposes on site daily, with the other staff being off-site
performing landscaping maintenance, with hours of operation from 8:00
a.m. to 5:00 p.m. Staff is of the opinion that the hours and manner of
operation will have a minimal impact upon the adjacent properties and
the surrounding community.
I. Outdoor lighting;
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 13 of 20
UP07-001 VC07-004
At the time of Land Disturbance Permit the site shall be in compliance with
Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor
lighting. Staff notes that the subject site’s required buffers, and existing
screening, will help mitigate the impact of lights on the adjacent
properties.
J. Ingress and egress to the property.
• The applicant’s site plan indicates one curb cut on Birmingham
Highway. Staff notes that the curb cut currently exists and that the
applicant is not requesting any additional curb cuts. The Traffic
Engineer is requiring a site distance Sight Distance certification by a
Professional Engineer
Given the limited use of the subject site, Staff is of the opinion that the
proposed development will have limited impact upon the community.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on June 5, 2007, Staff offers the following considerations:
Northwest Overlay District
BUILDING SETBACKS
Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum
30-foot building setback from the edge of the required landscape strip and/or
easements. The applicant’s site plan shows compliance with the requirement.
The existing barn adjacent to the west property line is an existing non-
conforming setback.
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum
height limit of two stories with the maximum height 30 feet from average-finished
grade to the bottom of the roof eave. The applicant’s letter of intent has
indicated that they will remain within these requirements.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50)
foot-wide undisturbed buffer, with a 10’ improvement setback, located
adjacent to all AG-1 zoning districts and all property zoned, used, or developed
for residential uses. The applicant has requested a concurrent variance to
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 14 of 20
UP07-001 VC07-004
reduce this undisturbed buffer to a 25’ undisturbed buffer with a 10’ setback
along the east and west property lines. Due to the narrow configuration of the
property the applicant has demonstrated a non self-imposed hardship, and
Staff therefore recommends APPROVAL CONDITIONAL to Part One of the
Concurrent Variance VC07-004. Staff notes that the existing barn along the
western property line provides no buffer.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
• General Office • 3 spaces per 1,000 sq. ft. of • 3 paved spaces
(1,000 sq. ft.) building area. (3 spaces)
Total 3 spaces required 3 spaces provided
Staff notes that the applicant is providing three (3) parking spaces, which meets
the required three (3) parking spaces per Article 18 of the City of Milton Zoning
Ordinance. It also appears that the site plan is in compliance with the
landscape and layout requirements of Article 12H.1.
USE PERMIT STANDARDS
The site plan meets standards of 19.4.27 B. with exception to:
• All use areas/structures other than parking and pedestrian walkways shall
be located at least 50’ from any adjoining residential district of AG-1
(Agricultural) district.
The applicant is requesting a concurrent variance to reduce the 50’ setback
adjacent to AG-1 (Agricultural) to 30’ along the east property line. Due to the
narrow configuration of the property the applicant has demonstrated a non
self-imposed hardship, and Staff therefore recommends APPROVAL
CONDITIONAL to Part Two of the Concurrent Variance VC07-004.
PUBLIC INVOLVEMENT
On June 27th, 2007 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There was no one in
attendance from the community.
Public Comments – Staff has not received any comments via e-mail, phone, or
letters.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 15 of 20
UP07-001 VC07-004
City of Milton Design Review Board Meeting – July 10, 2007
The following recommendations were made by the DRB:
• The Design Review Board was not in support of the concurrent variance.
Public Notice Requirements
The use permit petition was advertised in the Milton Herald on July 4th, 2007 and
the sign was installed before the required date of July 3rd, 2007 along the
frontage of Birmingham Highway. The notice of rezoning was sent, to adjacent
property owners, on July 9th, 2007.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 days prior
to the Mayor and City Council meeting.
CONCLUSION
The proposed landscape business is consistent with Council and Plan Policies
and compatible with the surrounding area, if developed in accordance with
the requirements of the Zoning Ordinance and Staff’s Recommended
Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the
proposed Use Permit for a landscape business and APPROVAL CONDITIONAL of
Parts 1 and 2 the concurrent variance.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 16 of 20
UP07-001 VC07-004
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to
the owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Landscaping business in the existing structure(s) and one 3,750
square-foot future barn. No modifications will be made to the
exterior of the structure(s), other than normal maintenance.
b) Total square footage of all structures shall not exceed 5,250 square
feet, or a density of 2,706 square feet per acre.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Milton Community Development
Department on June 5, 2007. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance
and these conditions prior to the approval of a Land Disturbance
Permit or Certificate of Occupancy, whichever comes first. Unless
otherwise noted herein, compliance with all conditions shall be in
place prior to the issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) Reduce the 50’ buffer and 10’ improvement setback along the east
property lines to the extent necessary to allow the existing
structure(s) to comply (Part 1 VC07-004).
b) Reduce the 50’ setback adjacent to AG-1 (Agricultural) along the
east property line to the extent necessary for the existing structures
to comply (Part 1 VC07-004).
c) Reduce the 50’ buffer and 10’ improvement setback along the
west property line to 25 feet beginning at the right-of-way and
extending northward along the west property line to a point
adjacent to the existing cross-tie wall and to the extent necessary to
allow the existing structures to comply (Part 2 VC07-004)
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 17 of 20
UP07-001 VC07-004
d) No more than one (1) exit/entrance on Birmingham Highway. Curb
cut location and alignment are subject to the approval of the
Milton Traffic Engineer.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Reserve Right of Way necessary along the following roadways, prior
to the approval of a Land Disturbance Permit, sufficient land as
necessary to provide for compliance with the Transportation Master
Plan and the adjacent developments, according to the definitions
in the newly established Right of Way Ordinance.
b) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-or-way as may be required to:
(i) Provide at least 10.5 feet of right-of-way from the back
of curb of all abutting road improvements, along the
entire property frontage, as well as allow the necessary
construction easements while the rights-of-way are
being improved.
(ii) Provide 20-foot Milton Trail easement along Birmingham
Highway (SR 372), outside of the required Landscaping
Strip.
(iii) Pay into sidewalk fund rather than install sidewalk
across frontage as this phase of the Milton Trail is
scheduled in Long Range.
c) Driveway entrances and roads shall meet the Community Service
Policies and AASHTO guidelines:
i) Remove and replace existing fence 10 feet farther from
Birmingham Highway (SR 372) for sight visibility.
ii) Remove trees from frontage of property to provide
proper line of sight visibility.
5) To the owner’s agreement to abide by the following:
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 18 of 20
UP07-001 VC07-004
a) The developer’s Professional Engineer shall demonstrate to the City
by engineering analysis submitted with the LDP application (should
greater than 5000 square feet be disturbed), that the discharge rate
and velocity of the storm water runoff resulting from the
development is restricted to seventy-five percent (75%) of the pre-
development conditions. Locations shall be as approved by the
Stormwater Engineer.
b) The proposed development shall utilize vegetative measures for
water quality. Individual Land Disturbance Permits/Building Permits
are strongly encouraged to utilize GASWCC limited application
controls such as infiltration trenches, porous surfaces, rain gardens,
etc. A maintenance agreement is required to be recorded for such
item used.
c) Septic tank to be pumped out prior to Certificate of Occupancy.
d) Exterior bulk storage areas shall be protected from erosion and
detailed on the Building Permit/Land Disturbance Plan.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 19 of 20
UP07-001 VC07-004
APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Transportation:
Road name: Birmingham Highway
Classification: Arterial
Comments:
• A traffic study is required with the following scope:
o Sight Distance certification by a Professional Engineer
Fulton County Tax Assessor:
Property Tax ID#: 22-4070-0486-027-7 – Residential Lots
Water and Wastewater (Sewer):
Comments:
• This information does not guarantee that adequate water volume and pressure are
available at this time or will be adequate upon application of permits. Please contact
the Department of Public Works for more information.
Sewer: Septic System
Basin: Little River
Drainage:
Disturbed Area: less than 5,000 square feet
Impervious Area: less than 5,000 square feet
Hydrology:
Comments:
• Vegetative water quality items needed.
• A concept Stormwater meeting with the Stormwater Engineer is required. The design
and layout shown with the rezoning site plan may or may not meet all minimums required
by the City and GASWMM state rules. Detailed design shall be shown on the Land
Disturbance Permit plans, after said concept meeting. Staff notes that the submitted site
plan shows likely inadequate detention area locations.
City of Milton Fire Marshal:
Comments:
• May need to provide approved fire department access road to barn and turn-around.
• Possible hydrant near barn.
Prepared by the Community Development Department for the
Planning Commission Meeting on July 24, 2007
7/26/2007 Page 20 of 20
UP07-001 VC07-004
Ar CityofMilton
13000 Deerfield Parkway, Suite 107, Milton,Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM: City Manage
AGENDA ITEM: ~~07-db2295 Crooked Stick Drive (Lot 1 1) to modify zoning-
conditions 1.d and E .e to allow a pol house to encroach into required rear
and side property lines.
MEETING PATE: Thursday, August 2, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach addft!onalpages ~fnecessary)
See atlached memorandum
APPROVAL BY ClTY MANAGER: APPROVED ($ NOT APPROVED
CtTY ATTORNEY APPROVAL REQUERED: (1 YES b NO
CITY ATTORNEY REVIEW REQUIRED: )!(I YES 0 NO wAPPROVALBYCITYAJTORNEY PAPPROVED I) NOTAPPROVED
PLACED ON AGENDA FOR: hV61~L
REMARKS: -r -F
PETITION NUMBER(S):
ZM07-002
PROPERTY INFORMATION
ADDRESS 295 Crooked Stick Drive (Lot 11)
The Estates at National Subdivision
DISTRICT, LAND LOT 2/2, 807
OVERLAY DISTRICT Northwest
EXISTING ZONING CUP (Community Unit Plan) Z85-181
EXISTING USE Single family residence, pool and pool house
PETITIONER Brenda Bottoms
ADDRESS 14012 Gardner Drive
PHONE 404-402-6098
APPLICANT’S REQUEST:
To modify conditions 1.d. and 1.e. to allow the relocation of an existing pool house to
correct the encroachment into the neighboring property.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM07-001 APPROVAL W/ CONDITIONS
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 16, 2007
(X:Boards of Commissions/modifications/ZM07-002)
7/26/2007 Page 1 of 5
ZM07-002
Condition to be Modified:
(Z85-181)
1. To the owners agreement to restrict the use of the subject property
as follows:
d. Provide at least the following setbacks on each lot:
Side Interior: 25 feet from property line, except for lot 10
which shall have a 20 foot side yard
setback (M89-055 NFC).
e. Provide at least a 100-foot building setback from the property
line of CUP, except for lot 10 which shall have a setback of 40
feet from the peripheral property line (M89-92).
Analysis and Recommendation:
The subject site is a single family residence with an existing pool and pool house
located in the Estates at National Subdivision. It is zoned CUP (Community Unit
Plan) pursuant to Z85-181. The applicant is requesting to reduce the minimum
setbacks to allow the relocation of the existing pool house to correct the one
inch encroachment into the adjacent lot to the east.
Condition 1.d. requires a minimum interior side yard of 25 feet. The applicant
intends to relocate the pool house ten (10) feet interior to the property line to
conform to Article 19.3.12.B.1 which requires pools and pool equipment to be a
minimum of 10 feet from all property lines.
Condition 1.e. requires a 100-foot building setback from the property line of the
CUP’s exterior boundary (Community Unit Plan). The site plan indicates that the
existing pool house and brick wall are encroaching the 100-foot building
setback along the south property line of the CUP boundary (Community Unit
Plan). The applicant is planning to relocate the pool house to correct the
existing encroachment and is requesting that the setback be reduced to 50 feet
along the south property line.
The applicant states in the letter of intent that the pool and pool house was
located to the eastern side of the property when rocky terrain was discovered
along the western portion of the lot. It further states that due to the downward
grade from west to east on the site, a retaining wall was constructed adjacent
to the pool house to manage surface water runoff.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 16, 2007
(X:Boards of Commissions/modifications/ZM07-002)
7/26/2007 Page 2 of 5
ZM07-002
Staff notes that the nearest residential structure along the east property line is
approximately 210 feet from the existing pool house. Given that the area
between the two structures is heavily landscaped with mature vegetation; that
the applicant will be relocating the pool to correct the encroachment into the
adjacent property and the pool house will be 10 feet interior to the property line,
Staff is of the opinion that the reduction in setbacks does not have a negative
impact on the adjacent property. Staff notes that the property owner to the
east is not opposed to the proposed modification of conditions based on a
letter dated May 21, 2007. Therefore, Staff recommends APPROVAL
CONDITIONAL of the requested modification to conditions 1.d. and 1.e.
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (Z85-181) should be revised to read as follows:
1. To the owners agreement to restrict the use of the subject property as
follows:
d. Provide at least the following setbacks on each lot:
Side Interior: 25 feet from property line; except for Lot 10
which shall have a 20 foot side yard setback
(M89-55); except for Lot 11 which shall have a 10
foot setback from the rear property line for a
distance of 180 feet along the east property line.
(ZM07-002)
e. Provide at least a 100-foot building setback from the property line of
the CUP, except for Lot 10 which shall have a setback of 40 feet
from the peripheral property line (M89-92 NFC); except for Lot 11
which shall have a setback of 50 feet from the peripheral property
line (ZM07-002)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 16, 2007
(X:Boards of Commissions/modifications/ZM07-002)
7/26/2007 Page 3 of 5
ZM07-002
ZM07-002 LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 16, 2007
(X:Boards of Commissions/modifications/ZM07-002)
7/26/2007 Page 4 of 5
ZM07-002
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 16, 2007
(X:Boards of Commissions/modifications/ZM07-002)
7/26/2007 Page 5 of 5
ZM07-002
4 City of Milton
13000 Dwfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 20,2007
FROM: City Manager
AGENDA ITEM: An Ordi ance of the City Council to Authorize Fulton County to Conduct%
Election.
MEETING DATE: Thursday, August 2,2007Regular Meeting
BACKGROUND INFORMA TION: (Atfach addrtional pages ,f necessary)
See attached memorandum
APPROVALBYCITYMANAGER: X)APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: 4YES (I NO
CIW ATORNEY REVEW REQUIRED: &YES 11 NO
1 i%WAPPROVAL BY CITY ATTORNEY @APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: Allbllsi Bfl
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date:June 26, 2007 for July 12, 2007 City Council Meeting for First Reading and onto the
August 2, 2007 and Second Reading
Agenda Item: An Ordinance of the City Council to Authorize Fulton County to Conduct
Election
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance authorizing Fulton County to Conduct Election.
Background:
On November 6, 2007, an election will be held in the City of Milton to elect City
Councilmembers for Districts 2, 4, and 6. O.C.G.A. §21-2-5 provides that a municipality may
authorize and contract with a county to conduct elections. Approval of this Ordinance will
establish authority that the Mayor is authorized to enter into a contract with the Fulton County
Department of Registrations and Elections to conduct this election. A copy of the contract is
attached to the ordinance and incorporated therein.
Discussion:
The Fulton County Board of Registration shall operate as the “Superintendent” of the election
and shall perform any and all functions of the City of any of its officials in connection with the
conduct of such election or runoff thereof.
Alternatives: N/A
Concurrent Review: Mark Scott, City Attorney
Aaron Bovos, City Manager
GEORGIA
FULTON COUNTY:
THIS AGREEMENT entered into between the City of Milton, a municipal
corporation lying wholly or partially within the County of Fulton, Georgia, hereinafter
referred to as "City", and FULTON COUNTY, a political subdivision of the State of Georgia
hereinafter referred to as "County".
W I T N E S S E T H:
WHEREAS, City in the performance of its governmental functions will hold the
election hereinafter described; and,
WHEREAS, under the provisions of the Georgia Municipal Election Code,
particularly Section 21-2-45(c) of the Official Code of Georgia, Annotated, City may by
ordinance authorize County to conduct such election and City has heretofore adopted such
an ordinance:
NOW, THEREFORE, in consideration of the premises it is hereby agreed as follows:
1.
This contract shall govern the conduct of the following election hereinafter referred to
as "election," City of Milton General Election to be held on November 6, 2007.
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2.
The Fulton County Board of Registration and Elections shall operate as the
"Superintendent" of the aforementioned election and shall perform any and all functions of
the City or any of its officials in connection with the conduct of such election or runoff
thereof, except as hereinafter provided.
3.
The cost of such elections shall be in accordance with the budget therefore attached
hereto as Exhibit “A” and made a part of hereof by reference. City agrees to pay County
the original sum of $63,297.00 for the City of Milton General Election and $36,969.00 for
the City of Milton General Runoff Election, if necessary to be maintained in a separate
election account with all expenses and charges in connection with the election to be
recorded and paid from said account. City shall remit said funds to County upon execution
of this contract by all parties involved. Within ninety (90) days after the date of the election
or any run-off election related thereto, whichever is last to occur, County shall furnish to
City a complete statement showing all costs and expenses incurred in the election and
refund any excess in the election account or collect any deficit which may be in said
account. After this time, all other invoices received will be forwarded to the City for
payment.
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4.
The County shall not be financially responsible for any liability resulting from
or furnishing of any services in the form of legal opinions or defenses in connection
with any litigation arising by reason of the election. All legal services and defenses
of litigation required by any Board or person arising from the afore-mentioned
election(s) under this contract shall be furnished by the City Attorney for the City.
Should the City Attorney for any reason fail to provide the legal services referred to
in this paragraph, the Superintendent shall have authority to engage the Fulton
County Legal Department at the expense of the City; provided, however, that all
requests for legal assistance by the County from the City Attorney to provide such
service shall be communicated in writing before the City will be obligated to pay for
legal services under this paragraph; provided, further, that the failure of the City
Attorney's office to respond to a request made hereunder, within a reasonable time,
shall be deemed to be a refusal to furnish such services. County shall notify City in
writing of its determination that the City has failed to respond as contemplated
hereinabove before incurring legal fees on its own behalf for which the City shall be
responsible.
5.
All decisions concerning the qualifications of candidates shall be determined by the
Clerk of Council of the City of Milton in accordance with the provisions of the Municipal
Election Code and the Code of Ordinances of the City.
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6.
Should it be necessary to comply with legal requirements that any of the County's
personnel shall be sworn in as a temporary officer or employee of the City, such formality
shall be observed without limitation.
7.
To the extent allowed by law, the CITY agrees to indemnify, defend and hold
harmless FULTON COUNTY with respect to any claim, demand, action, damages,
judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees
and legal expenses) to which FULTON COUNTY may be subjected as a consequence of or
as a result of any error, omission, tort, intentional tort, willful misconduct, or any other
negligence on the part of the CITY and/or its employees.
8.
To the extent allowed by law, FULTON COUNTY agrees to indemnify, defend and
hold harmless the CITY with respect to any claim, demand, action, damages, judgment,
cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal
expenses) to which the CITY may be subjected as a consequence of or as a result of any
error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part
of the FULTON COUNTY and/or its employees.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals pursuant to resolutions of their governing bodies duly adopted and entered on the
Minutes thereof.
CITY OF MILTON
(Seal)
Attest: ___________________________
Mayor Municipal Clerk
APPROVED AS TO FORM:
City Attorney
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___________________________________
_______________________________________
CONTRACTNOV07.MILTON
FULTON COUNTY
APPROVED AS TO SUBSTANCE:
(Seal)
____________________________________
Chair, Board of Commissioners
Attest: ____________________________________
Clerk to Commission
APPROVED AS TO FORM:
County Attorney
(Seal)
Chair, Board of Registration & Elections
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q r City of Milton
63 13000 Owfield Parkway, Suite 107. Milton. Georgia 30904
CITY COUNCIL AGENDA ITEM
TO: City Council PATE: July 20,2007
FROM: City Manager &
AGENDA ITEM: ~~~rovaiofthe Issuance of an AlcohoI Beverage License to Bay House
Seafood, Inc. D/B/A Blue Ocean Seafood.
MEETING DATE: Thursday, August 2,2007Regular Meeting
BACKGROUND SNFORMATIOI\I-(Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: &) APPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: # YES (1NO
CITY A TTORNEY REVIEW REQUIRED: # YES 0 NO*w
APPROVAL BY ClTY ATTORNEY KAPPROVED(1 NOT APPROVED
PLACED ON AGENDA FOR: AWuS-T zm
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, Director of Operations
Date: Submitted on July 6, 2007 for August 2, 2007 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Bay House Seafood,
Inc. D/B/A Blue Ocean Seafood
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Bay House Seafood, Inc. D/B/A Blue
Ocean Seafood for consumption on the premises of wine, malt beverage and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: The Bay House Seafood, Inc.
D/B/A Blue Ocean Seafood
Owner(s) Name: Tony Karimi and Bob Mohkami
Business Address: 5310-D Windward Parkway, Milton Georgia 30004
Type of License to be Issued: Consumption on the Premises for Wine, Malt Beverage and
Distilled Spirits
Concurrent Review:
Aaron Bovos, City Manager
Tom Wilson, Director of Community Development
Chris Lagerbloom, Public Safety Director
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