HomeMy WebLinkAboutPacket-08-16-2007
CITY 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 16, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION - Steve Smith, Minister of Music and Worship, Birmingham United Methodist
Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-327)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1. Presentation of the Fireman’s grant check to the City of Milton.
(Presented by Chris Lagerbloom, Public Safety Director and Jeff Darling, Lighthouse Underwriters Chris
Molinari, Vice President, Fireman's Fund Insurance Company, Kathy O'Toole, Business Development
Manager, Fireman's Fund Insurance Company, Angeles Lawrence, Vice President, Commercial Insurance,
Fireman's Fund Insurance Company, and Jeff Vetter)
7) CONSENT AGENDA
(Agenda Item No. 07-328)
1. Approval of Financial Statements for the period ending July, 2007.
(Carol Wolfe, City Treasurer)
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 16, 2007 - 7:00 PM
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.
(Agenda Item No. 07-329)
2. Approval of the April 26, 2007 Work Session Meeting Minutes. (Postponed August 2, 2007)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-330)
3. Approval of the June 7, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-331)
4. Approval of the June 14, 2007 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
8) PUBLIC HEARING
(Agenda Item No. 07-332)
1. Public Hearing and First Reading of the Millage Rate Ordinance.
9) ZONING AGENDA
(Agenda Item No. 07-313)
1. 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.
(Second Reading)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-314)
2. RZ07-008 - 15260 Hopewell Road to rezone from AG-1 to C-1 the existing 1.179 square
foot structure for a retail market 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.)
(Second Reading)
(Presented by Tom Wilson, Community Development Director)
Agenda Item No. 07-315)
3. 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 Z96-124 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. (Second Reading)
(Presented by Tom Wilson, Community Development Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 16, 2007 - 7:00 PM
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.
(Agenda Item No. 07-316)
4. 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 two part
concurrent variance 1) 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); and 2) reduce the 50-foot setback adjacent to AG-1 (agricultural)
to 30 feet along the east property line (Article 19.4.27.B.3). (Second Reading)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-317)
5. 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.
(Second Reading)
(Presented by Tom Wilson, Community Development Director)
10) FIRST PRESENTATION
(Agenda Item No. 07-333)
1. Approval of an Ordinance Amending Chapter 6, Code of Ethics and Standards of
Conduct.
(Presented by Mark Scott, City Attorney)
(Agenda Item No. 07-334)
2. Approval of an Ordinance and policy for the management and maintenance of the storm
water system.
(Presented by Tami Hanlin, Community Services/Program Director)
11) UNFINISHED BUSINESS
(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 Mark Scott, City Attorney)
(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 Chris Lagerbloom, Public Safety Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 16, 2007 - 7:00 PM
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.
12) NEW BUSINESS
(Agenda Item No. 07-335)
1. Approval of a Resolution Requesting the Milton Community Development Director Enter
Into Formal Negotiations with the Preferred Consulting Firm for the Development of the
Milton Comprehensive Plan.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-336)
2. Approval of a Resolution to enter into a Project Framework Agreement for PI0007312
Transportation Master Plan (ARC #FN239)
(Presented by Tami Hanlin, Community Services/Program Director)
(Agenda Item No. 07-337)
3. Approval of a Resolution Consenting to Creation of the North Fulton Community
Improvement District
(Presented by Mark Scott, City Attorney)
13) MAYOR AND COUNCIL REPORTS
1. Options for Providence Park
(Tina D’Aversa, Councilmember)
14) STAFF REPORTS (none at this time)
(Agenda Item No. 07-338)
15) ADJOURNMENT
FINANCIAL
STATEMENTS
Memo
Toe ~eHonorableMayarandCityCouncilrxlembers
Fm: Card Wolfe, Director of Operations
ce: Aaron Bovos, City Manager
Tami Hanlin, Communrty Services Qiredur
Staq Inglis, Finance Manager
Jeanette Marchiafaw, CilCourt Clerk
Chris lagerbloom, Public Safety Dir
Lisa Maggert, Communications Manager
Tom Wilson, Community Development Director
Date: 8/7/2007
Re: Financial Status Report for Perid ? 0 - July 2007
OVERVIEW and FINANCIAL HIGHLIGHTS:
The attached financial statements represent figures as of the close of period 10, July 2007. The
financial status report includes Budget-Wctual Revenue & Expenditure Reports for each fund, a Cash
Flow Actual & Projected Report and a status on procurement activities, capita! projects, and grants.
Generat Fund
With 83% of the City's ten-month fiscal year lapsed and operations in full swing, general fund
revenues are substantially lower than expend~tures, which is to be expected glven the
schedule of property tax collection. Revenue sources that are trending significantly higher than
anticipated are local option sales tax, aloohol beverage excise tax, alcohol beverage licenses
and investment earnings. Fine revenue is tsending down due to the time taken to mwe a fine
through the court system. To date, additional court dates have been added with the goal of a
fine being pmssed through court within a 35 day period.
The Fulton County Tax Digest has been received and staff efforts are underway to upload the
data and prepare for tax billing around September 15'. Without consideration of property taxes,
other revenue source collection is at 71.6%.
Expenditures are tracking within anticipated levels, currently in total at 72.2%% of budget.
Caprlal Project Fund
Expenditures within this fund continue to occur on a project-by-project basis. W-th a total
project expenditure budget of $3,540,657, capital expenditures-Mate total $2,577,541.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $0
Sidewalk Replacement Fund: Balance: $20,247
CI@ of Milton
General Fund
Statement of Revenues, Enpendires, and Changes in Fund Balances - Budget and Actual
For the Perlod Ended July 31,2007
Original Variance with
Budgeld Flnaf Final Budget -
Amounts Budgeted Amaunts Actual Amounts Positive (Negative)
REVENUES
Taxes:
Property Tax
Lml Option Sales Tax
Business 8 Occ Tax
Motor Vehicle fax
Intangible Tax
Real Estate Transfer Tax
Amhd Beverage Excise Tax
Hot%l/Motel Excise Tax
Finanual Institution Tax
Licenses and Permitg
Charges for Service:
Franchise Fees
Other Charges for Service
FineslForfeitures
Investment. Earnings
Contributions and Donations
Other
Tom! revenues
EXPENDilURES
Current:
General government
Maw and Council
Clerk of the Council
City Manager
Legal Services
Municipal Court
Opwations
Risk Management
Pubk Information 278.039 223.690 54,349
Operaling Reserve
Total General Government
Pubic safety 4.727.935 5,630.999 4.088.108 1,542,891
Communitv Seruices 1.44E.440 1,730,940 1,290,593 440,347
Economic and Community Mdoprnent 1.123.388 927,624
Tatal exoendiires 11.695.393 $ 12.617.443
Excess of revenues ow sxpenditurws 746.916 $ 493.927
OTHER FINANCING SOURCES (USES)
Transfers out (I 50,000) (371.894)
Transfers in
Capital lease payment
TAN Interest
COP principal
Sale of capital assets
Insurance pmeds
TotaF &er financ~ng sources and uses (499.285) $ (496.397)
Ntt change in fund balances 247,631 (2.4701
Fund balances - beginning
fund balances - ending
The acmmpanying notes to the financial statements are an integral part of this statement
City of Milton
Capbtar Project Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended July 31,2007
Variance with
Final Final Budget -
Original Budgeted Amounts Actual Amounts Positive (Negative)
REVENUES
Charges for Service
Host Fees
Sol~d Waste Fees
Sidewalk Replacement Acwunt
Total revenues
EXPENDITURES
Capital Outlay
Vnallocated:
Public SafeQ
Community Services - Public Works
Community Services - Recreation & Parks
Total Capital Outlay
Excess of revenues over expenditures
OTHER FlNANClNG SOURCES (USES)
Transfers in from General Fund 150,000 $ 350,000 S 225,000 f (1 25,000)
Lease Proceeds 3,140,657 2,475,047 (665,610)
Total other financing sources and uses - 6 3,140,657 $ 2,700,047 (440,610)
Net ~hange in fund balances (150,000) (1 50,000) 222,694 372.694
Fund balances -beginning
Fund balances - ending $ (150,000) $ (150,000) % 222,694 5 372,694
The accompanying notes to the financial statements are an integral part of this statement.
City of Milton
HotelMotel Tax fund
Statement of Revenues, EpendI€ums, and Changes in Fund Balances - Budget and Actual
As of July 31,2007
Variance with
Original & Final Final Budget -
Budgeted Amounts Actual Amounts Positive (Negative)
REVENY ES
Taxes
HotellMotel Taxes $ 25.497 $ 30.248 S 4.75 1
Total revenues $ 25,497 $ 30,248 S 4,757
OTHER FINANCING SOURCES (USES)
Transfers out ta General Fund $ (25,497) $ (30,248) $ (4.751)
Total other financing sources and uses I (25,497) S (30,248) $ (4,7513
Net change in fund balances
Fund balances - beginning
Fund balances - ending S - $ $
The acwmpanylng notes to the financial statements are an integral part of this statement.
City of Mitton
Operating Grad Fund
Statement of Revenues, Ependltures, and Changes in Fund Balances -Budget and Actual
As of July 31.2007
Varlance with
Original & Final Final Budget -
Budgeted Amounts Actual Amounts Positive (Negative)
REVENUES
Intergovernmental Revenues
State Grant -Operating Cat-Indirect
Total revenues
EXPENDITURES
Capital Outlay
Community Development
Total Capital Outlay
Excess of revenues over expenditures
OTHER FlMANClNG SOURCES (USES)
Transfers in from General Fund
Total other financing souroes and uses
Net change in fund balances
Fund balances - beginning
Fund balances - ending
The accompanying notes to the financ~al statements are an integral part of this statement.
City of Milton
Capital Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
As ofJuly 31, 2007
Original & Final
Variance with
Final Budget -
Budgeted Amounts Actual Amounts Positive (Negative)
RRrENUES
Intergovernmental Revenues
State-Capital-Indirect Grant
State-Capital-Direct Grant
Total revenues
EXPENDITURES
Capital Outlay
Public Safety
Community Services - Public Works
Community Services - Recreation & Parks
Total Capital Outlay
Excess of revenues over expend~tures
OTHER FINANCING SOURCES (USES)
Transfen In from General Fund
Total other financing sources and uses
Net change in fund balances
Fund balances -beginning
Fund balances - ending
The accompanying notes to the financial statements are an integral part d this statement.
PROCUREMENT
STATUS
To: The Honorable Mayor and City Councilmembers
Fmm: Carol Wolfe, Director of Operations
Dak 81212007
Re: Pmurement Status
Attached are two lists, one indicating purchase orders issued for the months of November 2006
through July 2007 and the other intended to provide information regarding all bids and requests for
proposaVquote. If you have any questions regarding the procurement status updates or would like
additional wformation, please do not hesitate to contact either myself or Kyle Jones, Budget
Coordinator. Thank you.
Attachment
PURCHASE ORDER S"" '"
Purcht
METHOD OF
P.O.# Vendar DESCRIPTION DEPARTMENT AMOUNT PROCUREMENT STATUS
07-001 Brannen Motor Company Pol~ce Crursers ~ubl~c Safety $ 557,362 00 State Contract Completed
07-002 Motorola Communicatron Equipment Public Safety $ 208,690 12 State Contract Completed
07-003 Pierce Manufacturing Fire Apparatus Publ~c Safety $ 2,059,884.00 Sandy Springs Contract
07-004 Ed's Public Safety Weapons Public Safety $ 7,722.00 State Contract Completed
07-005 Brannen Motor Company Cages for Police Cruisers Public Safety $ 28,640.00 Quote Completed
07-006 ICOP Dig~tal, Inc. In-car V~deo Cameras Public Safety $ 88.917.90 Floyd County Contract Completed
07-01 0 Dekalb Office Environments City Hall Furniture Operations $ 20,269.40 Sole Source Completed
07-012 Martln's Sewlca Unlforins Fire Department Uniforms Public Safety $ 39,780.40 3 Wrltten Quotes
07-013 Dell Corporation Laptops for Police Vehicles Public Safety $ 29,881.62 State Contract Completed
07-015 MES - Southeast Turnout Gear Public Safety $ 88,964.40 Independence, MO Contract
07-017 GT Distributors Bullet Proof Vests Public Safety $ 13,000.00 State Contract Completed
07-018 GT Distributors Police Duty Gear Public Safety 5 13.931 .I7 State Contract Completed
07-019 Motorola Rad~os Public Safety $ 41,986.09 State Contract Completed
07-020 COW-G Fire Truck Laptops Public Safety $ 15,744.00 3 Wr~lten Quotes Completed
07-027 Kustom Signafs Laser Speed Detection Devices Public Safety $ 12,044.00 3 Wrrtten Quotes Completed
07422 Allan Vigil Ford Pickup Truck Public Safety $ 35,778.00 State Contract
07-024 COW-G Laptop Mounts for Potice Vehicles Public Safety $ 9,752.90 3 Wrrtten Quotes Completed
07-025 Red The Uniform Tailor Police Uniforms Public Safety $ 21.000.00 Alpharetta, GA Contract
07-027 The Valuation Advisory Group Capital Asset Evaluation Operat~ons $ 6,950.00 Sole Source
07-028 Management Data Systems Records Management Software Public Safety $ 42,500.00 Shtesboro, GA Contract Completed
07-029 Southern L~ghting & Sraffc Sys Mast Arm Decorat~ve Bases Public Works $ 5.000.00 3 Written Quotes
07-038 Great Amarcan Specialty Public Safety Badges Public Safety $ 8,840.00 3 Written Quotes
07-043 Mauldln & Jenklns FY 2007 Audit Operations $ 5,000.00 RFQ
07-047 Boundtree Medical Fire Station Medical Supplies Public Safety $ 6,000.00 Cherokee Counfj Contract
BID AND REQUEST FOR PROPOSAUQVOTE ?'*" '"
November 2006 -July 2007
BID # RFP# RFQ# DEPARTMENT DESCRlPTlON CL( DATE AWARD P.O. ISSUED
AMOUNT
07-001 Operations Bank~ng Serv~ces 1013112006 111612006 nla NA
07402 Operat~ons External Audrt Seru~ces 10151 12006 1 111 012006 5 32,000 070043
07-001 Operat~ons Cap~tal Lease for Pubhe Safety Equip 1 1 /2912006 2HIZO57 $ 3,169,794 N A
07-002 Operat~ons Tax Antic~pat~on Note 11512007 111112007 $ 5,155,000 N A
07-003 Comm Development Comprehens~ve Plan Update 711 012007 81212007 $ 200,000 N A
07-004 Publjc Safety Gated Access Control Units 813012007 912012007 N A N A
CAPITAL PROJECT
REPORT
Memo
To: The Honorable Mayor and City Council members
Fm: Carol Wok, Director of Operations
Date: 81212007
Re: Capital Project Status
Attached is a status report for each active capital project funded by a City of Milton appropriation. The
report includes the project description, project budget, encumbrances and actual expenditures-tedate.
If you have any financial questions regarding these projects, please do not hesitate to contact either
myself or Kyle Jones, Budget Coordinator. Thank you.
Attachment
CITY OF MILTON
CAPITAL PROJECT UPDATE
As Of 7131F2007
Services
MUNlTY I
'arks
; - REC &
llNG
ICE -
PUBLIC SAFETY - Fire and Emergency Services
19,739 $ - 11 2) -
COMMUNITY DEVELOPMENT
COMP PLAN UPDATE S 200.000 $ - $ - $ 200,000
Total Community
y 2ot),ooo $ - $ - 8 200,000 -
TOTAL CAPITAL OUTLAY $ 3,722,396 1 2,632,971 $ 593,615 $ 494,810
GMNT
STATUS
Memo
To: f he Honorable Mayor and City Council members
Fm: Carol Wore, Director of Operations
DaC: 81212007
Re: Grant Appliaion and Award Status
Attached is a status report for all grants that have been applied for as well as a list of grants in Be
research state and pending application. If you have any financial questions regarding these grant
projects, please do not hestate to contact me. Thank you.
Attachment
hales 311qnd
-
JW3
05 IK)O "&a u&~OL$ L01L0160 pano~dd~ - $ H6'88 $ P96'88 $ pun j s,ueuraAl j fi~~rplarlo lno-uln~ ~e~uetuelddns
bJeS "Iqnd WSLS apeDse3 WJFi LMlZ LWOW90 6ulpuad 56~'~ $ L~P'E~ $ ~68~~8 $ ~ilde3 slaN6yaJlj 01 wqs~ssy
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, Director of Operations
Date: Submitted on August 2, 2007 for August 16, 2007 City Council Meeting
Agenda Item: Approval of an Ordinance to Set the Millage Rate for the Fiscal Year 2007
CMO (City Manager’s Office) Recommendation:
Approval of an ordinance to set the millage rate for fiscal year 2007 at 4.731 mills.
Background:
On November 30, 2006, the City Council adopted the fiscal year 2007 budget. The property tax
revenue estimated in this budget was based on a millage rate of 4.731. The estimated property
tax collection for fiscal year 2007 included in the approved budget is $6,868,142.
Discussion:
The fiscal year 2007 millage rate must be approved via ordinance before tax collection can
begin. The City received the certified tax digest consolidation from Fulton County on Friday,
July 20th. In order to meet the advertising requirements and have the millage rate approved
prior to September 1st, when tax bills are scheduled to be mailed, the public meetings have
been scheduled as follows:
• August 16th on the regular agenda - This will comply with the requirement of a public
hearing held at a meeting starting between 6:00 and 7:00 p.m.
• August 23rd at 5:30 – This public hearing will be held at 5:30 prior to a special called
workshop on the fiscal year 2008 budget.
• August 23rd at 7:30 or immediately after the workshop. This will be the second
reading and approval of the millage rate ordinance.
The City is required to hold three public hearings on the millage rate, one of which must be held
at a meeting starting between 6:00 and 7:00 p.m. Because there are no specific state statues
on the establishment of an initial millage rate, the advertisements are written to provide
transparency regarding our current digest and the lack of comparison data to the Northwest
Special Services District (SSD).
Because the SSD millage rate was lowered to 4.614 subsequent to the writing our charter
language using a cap of 4.731, we have advertised a property tax increase so as to be clear
with our citizens that the millage rate they will see on the tax bills is different from the SSD
millage rate last year. The rollback calculation and comparison to the SSD rate of 4.614 are not
required to be advertised because this is our initial millage rate; however, in the interest of clear
communication to our taxpayers, we have advertised a Notice of Property Tax Increase that will
run in the legal organ each week through the adoption of the millage rate.
Alternatives:
None identified.
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF
MILTON, GEORGIA, TO FIX THE AD VALOREM TAX RATE OF THE CITY
OF MILTON FOR FISCAL YEAR 2007; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as
follows:
SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2006
calendar year, on property subject to ad valorem taxation by the City is hereby fixed at
$4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by
the City.
SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable
property is hereby levied for General Government purposes
SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby
repealed.
ORDAINED this the ____day of ________, 2007
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Prepared by the Community Development Department for the
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 1 of 35
RZ07-005 VC07-002
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
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 2 of 35
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
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 3 of 35
RZ07-005 VC07-002
LOCATION MAP
Prepared by the Community Development Department for the
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 4 of 35
RZ07-005 VC07-002
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 5 of 35
RZ07-005 VC07-002
Crabapple Crossroads Land Use Plan Map
Prepared by the Community Development Department for the
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 6 of 35
RZ07-005 VC07-002
SITE PLAN – May 3, 2007
Prepared by the Community Development Department for the
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 7 of 35
RZ07-005 VC07-002
Revised Site Plan 7/12/07
Prepared by the Community Development Department for the
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 8 of 35
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
Milton City Council on August 16, 2007
*Based on the Revised Site Plan received by the Community Development Department on 7/12/07
8/11/2007 Page 9 of 35
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
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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
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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.
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• 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)
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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)
Saint Michelle S/D
City of Alpharetta
Single Family Residential
Subdivision
N/A N/A
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
North
24 99Z-195
C-1
Strawberry Fields Art
Gallery
None Stated
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
C-1
Existing Buildings with
3,000 sq.ft. addition
Further
Northwest
23 Z86-283
Bryan & Contereas
C-1
493.83 sq ft/acre
Further
Northwest
22 M-1
(Manufacturing)
Heart of Crabapple
Unconditional
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
Northwest
25 C-1
Gas Station
Unconditional
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
West
21 C-1, AG-1
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
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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
347.87 sf/acre
2.5 u/a
Further
Southwest
4 04Z-134
C-1
1,500 sq. ft. Vil Mix 1,153.85 sq.ft./
acre
1,153.85 sq.ft. /
acre 5 04Z-136
C-1
Interior Decoration
2,500 sq.ft. Vil Mix Further
Southwest
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
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
sq.ft/acre
12,800 sf-1,800
existing-
Southwest 9,411.76 sq.ft./acre
1,450 sf bonus
for saving
historic house
3 South 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
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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?
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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
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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
(15,000 sq.ft.)
Retail Commercial
(3,500 sq.ft.)
Total
4 spaces per 1,000 sq. ft. of
building area (60 spaces)
5 spaces per 1,000 sq. ft. of
Building area (18 spaces)
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
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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
buildings
N/A
Sub Village Residential A 1 single family alley
access residential
Up to 4,800 square feet
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
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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
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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.
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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.
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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
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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
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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.
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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
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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)
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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
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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.
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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
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+ 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
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APPENDIX B
Existing Commercial prior to the Plan - 20,408 square feet; Existing Office prior to the Plan- 5,229 square feet
Parcel # Currently Zoning Petition/Name/Location Approved SQ FT and/or Approved Density by Approved Overall
on Map Zoned Total Acerage Units based on Sub Area Acreage Land Use Sub Area Density
(++ Exceeds Plan Density)
1 MIX 03Z-115 / Crabapple Crossing Further Southeast 12,000 sq.ft. Vil. Mix 947.87 sq. ft/acre
12.66 Acres 31 units Mix Use/ Office/Res 4.94 units/acre
(Under Development)16 units Sub Vil B 2.5 units/acre
2 MIX 03Z-156 / Crabapple CrossroadEast, 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 rezoninfurther 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 84Z-079/ Crabapple Chase S/D South (City of Alpharetta)1.7 units/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)
21 Alpharetta Gov't Center Further Southeast
(City of Alpharetta)
EXISTING ZONING AND USES IN CRABAPPLE CROSSROADS
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Public Comment
Prepared by the Community Development Department for the
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Prepared by the Community Development Department for the
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RZ07-008
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)
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LOCATION MAP
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CURRENT ZONING MAP
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SITE PLAN – June 5, 2007
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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
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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?
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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.)
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RZ07-008
EXISTING USES AND ZONING MAP
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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.
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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
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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
(1,179 sq. ft.)
Total
• 6 spaces per 1,000 sq. ft. of
building area (5 spaces)
6 spaces required
• 6 spaces provided
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.
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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.
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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
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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
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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.
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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:
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 available to the site.
• Due to the inaccessibility of public sewer to serve the proposed development, this
department recommends that individual onsite sewage management systems be
utilized. However, the “Design Limits for conventional or chamber Septic Tank Systems:
for County health Department as defined by Georgia Department of Natural Resource
(DNR) are limited by size and subsurface introduction of effluents. Onsite sewage
management systems having a septic tank capacity of greater than ten thousand
(10,000) gallons, or where the total length of absorption trenches required, would exceed
three thousand (3,000) linear feet, or where the total absorption trench bottom area
required, would exceed nine thousand (9,000) square feet, will be governed and placed
under the statutory authority and jurisdiction of the Department of Natural Resources.
• Since this proposed development constitutes a premise where people work, live or
congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.
• This facility must comply with the Fulton County Clean Indoor Air Ordinance.
• Although this proposed development is recommended to utilize individual onsite sewage
management system, this department requires a permit to construct the system and
complete soil percolation data, determined acceptable by the Health Department prior
to installation.
• This department is requiring that plans indicating the number and location of outside
refuse containers along with typical details of the pad and approach area for the refuse
containers be submitted for review and approval.
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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
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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PUBLIC COMMENT
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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 Z96-124, therefore the request for a rezoning is no longer
needed.
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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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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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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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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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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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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
(9,500 sq.ft.)
(10 employees at largest
Shift)
• 1.7 spaces per 1000 sq.ft
plus one per 4 employees
on the largest shift.
(16 spaces plus 3 for
• 24 Spaces
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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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RZ07-009 UP07-002 VC07-006
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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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.
• Since the proposed development constitutes a premise where people work, live or
congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.
• This facility must comply with the Fulton County Clean Indoor Air Ordinance.
• Since this proposed development is 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. This owner must obtain a food service permit prior to
opening.
• This department is requiring that plans indicating the numbers and location of outside
refuse containers along with typical details of the pad and approach area for the refuse
containers be submitted for review and approval.
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.
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Sewer:
Basin: Big Creek
Treatment Plant: Big Creek
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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UP07-001 VC07-004
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.)
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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)
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UP07-001 VC07-004
LOCATION MAP
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CURRENT ZONING MAP
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UP07-001 VC07-004
Site Plan - June 5, 2007
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SUBJECT SITE – BACK YARD
SUBJECT SITE - BARN
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SUBJECT SITE – PORCH TO STREET VIEW
SUBJECT SITE – STREET VIEW
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UP07-001 VC07-004
SUBJECT SITE – STREET VIEW 2
SUBJECT SITE – WEST PROPERTY LINE
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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.
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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.)
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UP07-001 VC07-004
EXISTING USES AND ZONING MAP
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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.
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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 19.4.27.B.2 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;
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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 (SR 372). Staff notes that the curb cut currently exists and
that the applicant is not requesting any additional curb cuts. Forty-
five (45) mile per hour requires 500 feet of design intersection sight
distance at 42 inches for eye and object height. This driveway will
have in excess of 561 feet once the crepes are trimmed at 195 feet
to seven feet for approaching vehicles and the cypress and
redbuds at less than 20 feet from the drive way are removed.
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
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UP07-001 VC07-004
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
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
(1,000 sq. ft.)
Total
• 3 spaces per 1,000 sq. ft. of
building area. (3 spaces)
3 spaces required
• 3 paved spaces
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
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UP07-001 VC07-004
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.
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.
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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 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)
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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:
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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
Milton City Council on August 16, 2007
8/11/2007 Page 20 of 24
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 Health Department:
Comments:
• Since this proposed development constitutes a premise where people work, live or
congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.
• This facility must comply with the Fulton County Clean Indoor Air Ordinance.
• The Fulton County Health Department recommends that this proposed development be
approved, provided the internal plumbing is inspected an adequate for the proposed
use.
• This department is requiring that plans indicating the number and location of outside
refuse containers along with typical details of the pad and approach area for the refuse
containers be submitted for review and approval.
• Plans of this facility must be submitted to this department for review and approval.
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
Prepared by the Community Development Department for the
Milton City Council on August 16, 2007
8/11/2007 Page 21 of 24
UP07-001 VC07-004
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
Milton City Council on August 16, 2007
8/11/2007 Page 22 of 24
UP07-001 VC07-004
Public Comment:
Prepared by the Community Development Department for the
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UP07-001 VC07-004
Prepared by the Community Development Department for the
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UP07-001 VC07-004
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 16, 2007
(X:Boards of Commissions/modifications/ZM07-002)
8/11/2007 Page 1 of 8
ZM07-002
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
ZM07-002 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)
8/11/2007 Page 2 of 8
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)
8/11/2007 Page 3 of 8
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)
8/11/2007 Page 4 of 8
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)
8/11/2007 Page 5 of 8
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)
8/11/2007 Page 6 of 8
ZM07-002
Letters of Support from adjacent Property Owners
Prepared by the Community Development Department for the
Mayor and City Council Meeting on August 16, 2007
(X:Boards of Commissions/modifications/ZM07-002)
8/11/2007 Page 7 of 8
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)
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ZM07-002
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: August 2, 2007 for submission onto August 9, 2007 work session and August 16, 2007
meeting agenda
Agenda Item: Approval of amendments to Ethics Ordinance
City Attorney Recommendation:
Adopt the attached ordinance amending the Ethics Ordinance. Second reading will occur at the
at the September 6, 2007 council meeting.
Background:
As you are aware, we have previously discussed revisions to the Ethics Ordinance. These are
in part due to: 1) GMA comments provided pursuant to City of Ethics designation; 2) issues
identified in the course of ethics complaint investigations; 3) Ethics Board comments and input.
A draft of amendments was presented to the Council several months ago with recommended
changes. Further, the Ethics Board held a work session on July 16 and worked through the
entire ordinance with the City Attorney. The revisions have gone through three versions now,
and this is the draft version 1.3.
Discussion:
Draft version 1.3 incorporates all revisions proposed in prior versions 1.1 and 1.2 with some
further revisions. As before, it reconciles references to confidentiality with the Open Meetings
and Open Records Acts. It removes references to subpoena power which the board does not
have. It conforms the appointment of members to the City Ordinance on appointments to
boards and commissions. It tightens standards for complaints and requires a verification that
the complaint is well-founded. It takes into account the potential for city attorney conflict of
interest when a council member is the subject of a complaint by calling for the retainer of
outside counsel. It clarifies that all Ethics Board investigations must be undertaken pursuant to
a written, verified complaint. It adds sections titled “Wrongful Use of Ethics Board” and
“Wrongful Use of Code of Ethics.”
Based on the experiences of the Ethics Board in dealing with the initial Ethics Complaint, the
Board has recommended, and I have drafted, where appropriate, intent standards to be added
to the various types of prohibited conduct in Section 11. Also, we have amended Section 11(c)
pursuant to the recommendations of Mr. Carothers in his report on the Moheb Complaint.
Finally, we have added several definitions to the appendix to further clarify the meaning of
several terms.
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
Alternatives:
We cannot really keep the ordinance as it is. We could adopt some of these amendments and
not others. We could also repeal the Ethics Ordinance all together.
Concurrent Review:
City Manager
STATE OF GEORGIA ORDINANCE NO. 07-08-
COUNTY OF FULTON
AN ORDINANCE AMENDING CHAPTER 6, ETHICS AND STANDARDS OF CONDUCT,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFRENCED IN THE
FUTURE AS CHAPTER 6 (ETHICS AND STANDARDS OF CONDUCT) AS ATTACHED
HERETO AND INCORPORATED HEREIN
WHEREAS, it is in the best interest of the municipality to periodically update ordinances; and
WHEREAS, the Mayor and City Council deem it in the best interest to have operations match with
respective Ordinances.
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on
the ___ day of August, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Ethics and Standards of Conduct is hereby
adopted and approved; and is attached hereto as if fully set forth herein, amending the
Ordinance adopted on November 21, 2006; and
SECTION 2. That this ordinance shall be designated as Chapter 6 of the Code of Ordinances
of the City of Milton, Georgia; and
SECTION 3. That this Ordinance shall become effective upon its adoption; and
SECTION 4. That any Ordinances or parts of Ordinances in conflict herewith shall be
repealed.
ORDAINED this ____day of __________, 2007.
Approved:
_____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
INCLUDING ETHICS BOARD REVIEW
FOR SUBMISSION TO CITY COUNCIL
8/7/07
Chapter 6: Code of Ethics and Standards of Conduct
Section 1. Declaration of Policy
Section 2. Purposes of Ordinance
Section 3. Exemptions
Section 4. Who is Covered
Section 5. Duties
Section 6. Conflict of Interests and Personal Benefits Prohibited
Section 7. Duty to Leave Meeting
Section 8. Public Contracts
Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest
Section 10. Unauthorized Outside Employment
Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position
Section 12. Board of Ethics
Section 13. Duties and Powers of the Board
Section 14. Custodian of Records
Section 15. Who May Request Board Action
Section 16. Limitations on Board’s Power
Section 17. Procedures for Hearing Complaints
Section 18. Those Subject to Removal Only by the Governing Body
Section 19. Ex Parte Communications
Section 20. Confidentiality of Board Information
Section 21. Wrongful Use of Ethics Board
Section 22. Wrongful Use of the Code of Ethics
Section 23. Statute of Limitations
Section 24. Penalties
Section 25. Penalties Cumulative
Section 26. Liberal Construction of Ordinance
Section 27. Severability
Section 28. Effective Date
APPENDIX OF DEFINITIONS
Deleted: Waiver of Confidentiality
Deleted: Statute of Limitations
Deleted: Section 23.
Deleted: Penalties
Deleted: 4
Deleted: Penalties Cumulative
Deleted: 5
Deleted: Liberal Construction of
Ordinance
Deleted: 6
Deleted: Severability
Deleted: 7
Deleted: Effective Date
DRAFT VERSION 1.3 – 8/7/07
2
Section 1. Declaration of Policy
(a) The City of Milton government is a representative democracy. Those who
are elected, appointed, hired, volunteer or campaign to serve the public as representatives
accept a public trust, which they share with those whom they elect, appoint, hire or
otherwise enlist to help them serve the public. Public trust requires that acts which are
contrary to the public interest be defined and prohibited; that there be an orderly
procedure for raising and addressing ethical questions; that ethical behavior be
encouraged and suitably rewarded; and that unethical behavior be discouraged and
suitably disciplined through a process which is fundamentally fair.
(b) It is the responsibility of each public servant to act in a manner which
contributes to cultivating public trust in the integrity of government and avoiding even
lawful activity when the appearance of impropriety would lessen the public’s confidence.
(c) In adopting this Ordinance, the City recognizes that:
(1) public servants are also members of society and, therefore, share
the same general personal and economic interests in the decisions and policies of
government as all members of the community; and
(2) public servants retain their rights to publicly express their views on
matters of general public interest, and to express their opinions on the effect of public
actions on their personal or economic interests or rights; and
(3) it is sound public policy for standards of ethical conduct for public
servants to distinguish between those minor and inconsequential conflicts that are
unavoidable in a free society, and those conflicts which are personal, material and
avoidable; and
(4) public servants are entitled to engage in employment, professional
or business activities, other than official duties, in order to support themselves and their
families and to maintain a continuity of professional or business activity, and are entitled
to maintain investments; and
(5) in the City it is possible and reasonable to require public servants
to engage in employment, professional or business activities and to maintain investments
which do not impede or undermine the integrity of their service to the City.
(d) This Ordinance provides the minimum standards below which a public
servant’s conduct cannot fall without the risk of penalty. The principal policy which
forms the foundation of this Ordinance is to encourage internal commitment by
establishing and maintaining a work environment which supports integrity with pride and
enthusiasm.
A work environment which supports integrity includes public servants who:
DRAFT VERSION 1.3 – 8/7/07
3
(1) recognize with gratitude that the primary reason they hold a public
position is to serve the public; and
(2) are motivated and committed to pursue ethical ideals which always exceed
minimum standards and often achieve the highest standards; and
(3) encourage ethical practices which protect, advance and promote the public
interest; and
(4) recognize that the most effective way to eradicate unethical practices is to
consistently act ethically themselves, and to consistently react appropriately with respect
to the ethical decisions of others; and
(5) when they observe serious unethical practices, there is a responsibility to
promptly disclose them to appropriate authorities, and encourage others to do the same;
and
(6) insure that those for whom they are responsible are aware of minimum
standards of ethics below which their conduct cannot fall without the risk of disciplinary
consequences; and
(7) when circumstances warrant, appropriately discipline those who are
proven to have engaged in unethical behavior.
Section 2. Purposes of Ordinance
This Ordinance, along with the attached Appendix of Definitions incorporated
herein by reference, is adopted to:
(a) identify the minimum standards of ethical conduct which public servants
must meet; and
(b) adequately educate public servants, and any subordinates, in the principles
of ethics,
(c) encourage public servants to pursue the highest ethical ideals which they
can achieve; and
(d) provide a process by which public servants may identify and resolve
ethical issues; and
(e) provide a process to ensure the prompt disclosure by public servants of
serious unethical practices, and encourage others to do the same; and
DRAFT VERSION 1.3 – 8/7/07
4
(f) provide a fair and impartial process by which alleged violations of this
Ordinance may be heard; and
(g) provide for a just and reasonable balance among the rights of all
individuals who are directly affected by the operation of this Ordinance; and
(h) establish penalties, as appropriate, for public servants who violate the
public trust.
Section 3. Exemptions
(a) This Ordinance does not prevent any public servant from accepting other
employment or following any pursuit which in no way interferes with the full and faithful
discharge of his or her public duties, provided that the public servant complies with all
applicable City requirements, including any requirements imposed by this Ordinance.
(b) No public servant shall be deemed to have a conflict of interest by virtue
of carrying out any contract pursuant to which the public servant directly or indirectly
received income or benefits in the form of compensation for the performance of official
duties.
(c) A former public servant is not prohibited from entering into a contract to
represent the City in any matter.
(d) No public servant shall be deemed to have a conflict of interest by virtue
of sharing, directly or indirectly, in the benefit of a lawful City action when the benefit to
the public servant is substantially the same as the benefit to the public at large or to a
segment of the public to whom the benefit is provided in a nondiscriminatory manner.
(e) This Ordinance does not prohibit any public servant from taking any
action to approve the lawful payment of salaries, employee benefits, reimbursements of
actual and necessary expenses, or other lawful payments which are authorized in
accordance with City policies.
(f) This Ordinance does not prohibit public servants from taking any official
action properly within the scope of their duties with respect to any proposal to enact or
modify law or public policy.
(g) This Ordinance does not prohibit an elected official or other public
servants from raising campaign contributions in any manner which is otherwise permitted
by law.
(h) This Ordinance does not prohibit communication between an individual or
organization and a candidate regarding the candidate’s views, record or plans for future
action regarding an issue or measure in an attempt to determine a candidate’s viewpoints
DRAFT VERSION 1.3 – 8/7/07
5
or how the candidate plans to act in the future, if such communication results in an
endorsement of the candidate, a decision not to endorse the candidate, or a contribution or
expenditure required to be recorded or reported under a state statute.
(i) Actions which might otherwise be alleged to constitute a conflict of
interest shall be deemed to comply with this Ordinance and not to be a conflict of interest
if:
(1) before acting, the public servant requested and received a written
opinion from the City Attorney or a formal ethics opinion oradvisoryopinion from the
Board in accordance with the procedures established in this Ordinance; and
(2) the material facts, as stated in the request for an opinion, are true
and complete; and
(3) the actions taken were consistent with the opinion.
Section 4. Who is Covered
This Ordinance applies to all public servants, as the term is defined in this
Ordinance, except that it shall not apply to a municipal judge when the judge is acting in
a judicial capacity.
Section 5. Duties
(a) No public servant or former public servant shall divulge any confidential
information to any person who is not authorized to have it nor divulge to any
unauthorized person confidential information acquired in the course of holding his or her
position in advance of the time prescribed by the governing body, administrators, or other
applicable law for its release to the public.
(b) All public servants shall respond fully and truthfully to any inquiries by
the City Attorney or the Board in connection with the investigation of an alleged or
potential violation of this Ordinance. All public servants shall cooperate fully in any
investigation by the City Attorney, outside counsel or the Board, and shall locate,
compile and produce for them such information as they may request, unless the
information requested is exempt from disclosure under this Ordinance or other applicable
law.
(c) All public servants must report a violation of this Ordinance of which they
have knowledge to the City Clerk, or the City Attorneywho shall forward such report to
the Board.
(d) In addition to being a violation of other laws, it is also a violation of this
Ordinance for any public servant to:
Deleted: a confidential
Deleted:
Deleted: Mayor,
Deleted:
DRAFT VERSION 1.3 – 8/7/07
6
(1) be convicted of any felony or misdemeanor involving moral
turpitude; or
(2) be found liable of violating any federal, state or city law
prohibiting discrimination or sexual harassment; or
(3) be found liable of violating any federal, state or city laws
prohibiting retaliation against public servants who assert a lawful claim of any nature or
otherwise engage in lawfully protected activity; or
(4) be found liable of violating any state laws governing lobbying
activities or regulating political activity.
Section 6. Conflict of Interests and Personal Benefits Prohibited
(a) Except as otherwise permitted under applicable federal, state and city laws
and policies, including the City’s procurement policies, no public servant shall have a
personal interest in any official action.
(b) No public servant shall accept or receive, directly or indirectly, from any
person, including one whose identity is unknown to the public servant, any personal
benefit under circumstances in which it can reasonably be inferred that the benefit is
intended to influence the public servant or as a reward for any official action of the public
servant.
(c) No person, including any vendor, contractor, business, or board of the
City, shall offer or give any personal benefit to any public servant or any partner-in-
interest of the public servant.
(d) No public servant nor partner in interest of that public servant shall solicit
from any person, directly or indirectly, any personal benefit, regardless of value, or the
promise of receiving a personal benefit in the future, for the public servant.
(e) No current or former public servant shall intentionally use or disclose
information gained in the course of, or by reason of, his or her official position or
activities in any way that could result in the receipt of any personal benefit for the public
servant, for a partner in interest of that public servant, or for any other person. This
provision shall not:
(1) prohibit the disclosure of public information; or
(2) prohibit the disclosure of information the public servant has been
authorized to disclose; or
DRAFT VERSION 1.3 – 8/7/07
7
(3) prohibit the disclosure of any such information to incumbent
public servants to whom the information may be pertinent; or
(4) prevent the disclosure of violations of this Ordinance or other
illegal acts to the proper authorities; or
(5) prohibit the disclosure of any such information the disclosure of
which is required by law.
Section 7. Duty to Leave Meeting
To avoid the appearance of impropriety, after any public servant or a partner in
interest is determined to have a conflict of interest or a potential conflict of interest in any
matter, and once all questions relating to the conflict of interest have been answered to
the satisfaction of the decision maker, the public servant shall immediately leave the
meeting room, except that if the matter is being considered at a public meeting, the public
servant may remain in the area of the room occupied by the general public.
Nothing herein shall require members of voting bodies to leave their seats while
action is taken regarding any item contained on a “consent agenda” on which there is no
deliberation, the public servant’s conflict has been disclosed, and the public servant
abstains from voting on the item.
Section 8. Public Contracts
(a) The City is prohibited from entering into any contract with a business in
which a public servant or a public servant’s partner in interest has a controlling interest
involving services or property of a value in excess of $2,500.
(b) Any public servant who has or may have a personal interest in any
contract shall disclose such interest prior to the first of any of the following events: the
solicitation of a contract; the bidding of a contract; the negotiation of a contract; or the
approval of a contract by the governing body.
(c) Any contract entered into in violation of this Section may be voided by the
City in an action commenced within three (3) years of the date on which the Board, or the
department or officer acting for the City in regard to the allocation of funds from which
such payment is derived, knew or should have known that a violation of this section
occurred. This section does not affect the application of any state statute.
(d) Mandatory Provision in Volunteer Agreements.
Volunteers share in receiving the public’s trust and in the responsibility to
contribute to creating and maintaining an ethical work environment. Volunteers serve
DRAFT VERSION 1.3 – 8/7/07
8
without the expectation of receiving any compensation from the City, and it is improper
for any Volunteer to seek any compensation. Volunteers, unless expressly authorized by
a public servant empowered to grant such authorization, are prohibited from acting as
Volunteers in any matter in which they have a conflict of interest or a potential or alleged
conflict of interest; or in any matter in which they hope to receive any personal benefit.
Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest
(a) A governing body member who has or may have, a conflict of interest in a
matter which requires an official action by any decision maker, shall, before the matter is
decided, disclose the conflict of interest or the potential or alleged conflict of interest; if
the member of the governing body believes that no conflict of interest exists, or that
despite any alleged or potential special interest, such governing body member is
nevertheless able to vote and otherwise participate fairly, objectively and in a manner
consistent with the public interest, then the member shall so state in the written
disclosure.
(b) If any member of the Board has or may have a conflict of interest in any
matter before the Board, such member shall not appear before the Board, discuss, debate,
deliberate about, act upon, vote upon or otherwise participate in or influence the
decision-making process pertaining to the matter in which the member has a conflict of
interest.
(c) If the City Attorney or any Assistant City Attorney has or may have a
conflict of interest in any matter before the Board, or if any attorney who is responsible
for performing any functions on behalf of the Board is precluded from doing so because
of a legal conflict of interest which cannot be resolved by the City Attorney’s Office
internally by screening or some other method, the City Attorney shall disclose the
personal interest, or the nature of the conflict, to the Board. If the Board determines that
the City Attorney has a personal interest in the matter, or if the City Attorney determines
that the City Attorney’s Office cannot resolve the conflict in a manner which will allow
the City Attorney’s Office to perform its duties properly, then the Board may engage
outside counsel upon terms and conditions approved by the governing body.
(d) Any public servant who has or may have a conflict of interest shall
disclose it. After receiving a disclosure, the City Clerk shall:
(1) maintain a record of such disclosure; and
(2) promptly forward copies of the disclosure to any person named in
the disclosure, the Board and the City Attorney.
(e) Any public servant who believes that any other public servant has a
conflict of interest in any agenda item before a governmental body shall disclose such
interest to the City Clerk, and the City Clerk shall forward copies of such disclosure to
DRAFT VERSION 1.3 – 8/7/07
9
the person alleged to have a conflict of interest, the Board and the City Attorney.
(f) A public servant, in addition to disqualifying himself or herself from
participation in any decision regarding the pecuniary or employment interest of a partner
in interest, shall make known the existence of the relationship and the interest by filing,
with the City Attorney a written disclosure of the relationship and the nature and extent
of the conflict of interest involved.
Section 10. Unauthorized Outside Employment
(a) The purposes of the policies governing unauthorized outside employment
are to prevent conflicts of interest and conflicts of loyalty; to prevent abuses regarding
dual compensation, payment for work not done, or unlawful gifts of public funds; and to
prevent excessive loss of efficiency in the performance of public service.
(b) A public servant shall not accept any employment, nor enter into any
contract, nor perform any service for compensation that results in a financial conflict of
interest or a conflict of loyalties which would affect the performance of the public
servant’ s official duties.
(c) Employees.
(1) An employee of the City may be self-employed or may take
occasional or part-time jobs if, in the opinion of his or her department head, there is no
conflict with working hours, the employee's efficiency in his or her City work, or other
interests of the City.
(2) Before engaging in outside employment, employees shall have the
written approval of their department heads or designee in emergency situations.
(3) Public servants who hold management level positions shall notify
the City Manager prior to creating, contracting with, or being employed by any business
other than the City. The City Manager shall provide written approval or disapproval of
the notification within a reasonable time. Any action undertaken by the City Manager
shall require prior approval by the City Council.
(4) All requests for approval of outside employment shall state the
type and place of employment, the hours of work and the employer's name and address.
(5) City employment shall remain the employee’s first priority, and if
at any time the outside employment interferes with an employee's job requirements or
performance for the City, the employee shall be required to modify the conditions of the
outside employment or terminate either the outside employment or the City employment.
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(d) City Attorney and Assistants.
Neither the City Attorney nor any Assistant City Attorney shall engage in any
unauthorized private practice of law for compensation during the period in which they
hold office. To the extent they may be authorized to engage in the private practice of
law, they shall comply with the state laws governing the professional conduct of lawyers,
and any violation of those laws while they are acting as attorneys for the City shall also
be deemed to be a violation of this Ordinance.
Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position
(a) Public servants of the City shall treat all citizens with courtesy,
impartiality, fairness, and equality under the law, and shall avoid both actual and
potential conflicts between their private self-interest and the public interest. Prohibited
conduct of each such public servant shall include, but not be limited to, the following:
(1) intentionally granting or making available to any person any
special consideration, treatment, advantage, or favor beyond that which it is the
general practice to grant or make available to the public at large;
(2) intentionally requesting, using or permitting the use of any
publicly-owned or publicly-supported property, vehicle, equipment, labor, or
service for the personal convenience or the private advantage of oneself or any
other person, except as otherwise allowed by law or as authorized by the City
Manager;
(3) knowingly participating in the deliberation of or voting on any
matter involving personal financial or personal interest, or where the public
servant has an interest which is materially adverse to the applicant or persons
affected by the outcome of the matter;
(4) engaging in private employment with, or rendering services for,
any private person who has business transactions with the City, unless employee
has made full public disclosure of such employment or services and received
approval of their supervisor or the City Manager;
(5) appearing on behalf of any private person, other than oneself,
before any public body in the City;
(6) accepting any gift, whether in the form of money, thing, favor,
loan, or promise, that would not be offered or given to the public servant if the
individual were not a public servant, that would thereby cause the public servant
to place themself in a position in which the giver of the gift could expect special
consideration or in which the public could reasonably assume that special
DRAFT VERSION 1.3 – 8/7/07
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consideration is being given. Thus, the public servant should be firm in refusing
gifts, favors, or gratuities, large or small, which can, in the public mind, be
interpreted as capable of influencing his or her judgment in the discharge of his or
her duties.
(7) intentionally disclosing any confidential information concerning
any official or employee, or any other person, or any property or governmental
affairs of the City, without prior formal authorization of the governing body;
(8) intentionally using or permitting the use of confidential
information to advance the financial or personal interest of the individual or any
other person;
(9) ordering any goods and services for the City without official
authorization for such an expenditure.
(10) intentionally using his or her superior position to request or require
an employee to:
(i) do clerical work on behalf of the member's family,
business, social, church or fraternal interest when such work is not
furthering a City interest; or
(ii) perform any work outside the employee's normal course of
municipal employment; or
(iii) purchase goods and services for personal, business, or
political purposes; or
(iv) work for him or her personally without offering just
compensation.
(11) A public servant shall not draw per diem or expense monies from
the City to attend a seminar, convention, or conference and then fail to attend the
seminar, convention, or conference without refunding the pro-rata unused per
diem or expense monies to the City.
(12) intentionally violating any provision of the City Charter which
prescribes the conduct of a public servant.
(b) No public servant shall hold any other office, elected or appointed, in any
other governmental entity, when the duties of such office are incompatible with the
proper discharge of the public servant’s duties with the City. For purposes of this
Ordinance, the holding of any office, elective or appointive, with any other governmental
entity by any member of the governing body or of a board is hereby prohibited in any one
Deleted: accepting any gift, whether in
the form of money, thing, favor, loan, or
promise, that would not be offered or
given to the employee if the individual
were not an official or employee;
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DRAFT VERSION 1.3 – 8/7/07
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of the following circumstances: where one office is subordinate to the other; where one
office carries the power of removal of the other; or where the occupancy of both offices is
prohibited by the City Charter or other law.
(c) No public servant shall falsely represent his or her personal opinion to be
the official position of the City, and no public servant shall falsely represent his or her
personal opinion to be the official position of any board or City staff. This subsection
shall not apply to:
(i) statements of elected officials made in the course of running for
election to office;
(ii) professional opinions of City officers or employees rendered in
the course of performing their duties, provided that such
opinions are clearly identified as professional opinions.
(d) All public servants have a fiduciary duty to use City fiscal and human
resources in a manner which advances the public interest, and to refrain from using City
resources for their personal benefit; therefore, public servants are prohibited from
intentionally using City resources in any manner which violates any applicable law or
policy, and are expressly prohibited from using any City resource to obtain any personal
benefit.
(e) No public servant shall intentionally use his or her official authority or
position to influence or interfere with or affect the results of any election, nor to solicit or
receive contributions from City employees in connection with any City election.
(f) No public servant shall intentionally suppress any public document,
record, report or any other public information available to the general public because it
might tend to unfavorably affect their private financial, personal, or political interest.
(g) When a public servant, in the course of carrying out his or her duties, has
been offered or is discussing future employment with a business that is presently dealing
with the City concerning matters within the public servant's current official duties, that
person shall disclose such possible future employment to the City Manager. The City
Manager shall disclose such possible future employment to the City Council.
(h) No member of the governing body having a personal interest in a matter
shall represent himself or herself or any other person before the governing body in
connection with that matter, nor in connection with any matter in which a partner in
interest has a personal interest, except in cases where a legal right to self-representation
exists.
(i) No member of a board having a conflict of interest shall represent himself
or herself or any other person before that board in connection with that matter, nor in
connection with any matter in which a member of his or her immediate family or a
business with which he or she, or a member of his or her immediate family, is associated
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: administrators
Deleted:
Deleted: fulfilling the responsibilities
of their offices or in
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DRAFT VERSION 1.3 – 8/7/07
13
has a prohibited interest, except in cases where a legal right to self-representation exists.
(j) No member of a board who is prohibited by this provision from
representing himself or herself before that board shall represent himself or herself in the
appeal of any decision of that board to any decision maker.
(k) No public servant shall, while in the course and scope of their duties,
engage in any kind of behavior towards another public servant or member of the public
that is threatening or abusive in nature.Section 12. Board of Ethics
(a) There is created a Board of Ethics consisting of seven members. Each
member of the Board of Ethics shall have been a resident of the City for at least one (1)
year immediately preceding the date of taking office and shall remain a resident of the
City while serving as a member of the Board of Ethics.
(b) Members of the Board shall not be elected officials, persons appointed to
elective office, full-time appointed officials (whether exempt or nonexempt), or City
employees, and shall hold no elected public office nor any other City office or
employment.
(c) Members of the Board shall be nominated by the Council Member in whose
district they reside and the Mayor, at large subject to approval by the Mayor and City
Council. . An appointment to fill a vacancy on the Board shall be made in the same
manner.
(d) The Board shall elect a chairperson and vice chairperson.
(e) Board members shall serve terms consistent with the term of the elected
official who nominated them to the board. A member shall hold office until a successor
is appointed by the Mayor and City Council.
(f) No person may serve more than two (2) consecutive terms as a Board
member.
(g) The Board's deliberations and actions upon requests shall be open to the
public.
(h) Members of the Board are Volunteers and shall serve without
compensation. The governing body shall provide meeting space for the Board of Ethics.
Subject to budgetary procedures and requirements of the City, the City shall provide the
Board of Ethics with such supplies and equipment as may be reasonably necessary to
perform its duties and responsibilities.
(i) The governing body shall provide such staff support for the Board as the
governing body determines to be necessary for the Board to fulfill its duties and
responsibilities. The City Attorney is designated to be the legal advisor for the Board,
except that the City Attorney is not authorized to represent the Board in any legal action
if doing so would create a conflict which would prevent the City Attorney from also
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¶
¶
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¶
Deleted: appointed
Deleted: Mayor and approved by the
Deleted: Each member appointed to the
Board shall be a resident of the electoral¶
district for which they are nominated
Deleted: by the Mayor and approved
by the City Council
Deleted: one (1) of its members to
serve
Deleted: s
Deleted: of the¶
Board.
Deleted: staggered
Deleted: of no more than three (3)years
Deleted: member’s
Deleted: An appointment to fill a
vacancy on the Board shall be made by
the Mayor and approved by the City
Council.
DRAFT VERSION 1.3 – 8/7/07
14
representing the Mayor, the City Manager, or City Council. The City Clerk shall serve as
Recording Secretary to the Board.
Section 13. Duties and Powers of the Board
(a) The Board shall, in addition to its other duties:
(1) develop and adopt written by-laws and rules of procedure which
shall be filed with the City Clerk; and
(2) be authorized to administer oaths; and
(3) conduct hearings as needed to hear and decide specific cases in
which a violation of this Ordinance is alleged. All cases to be investigated by the City
Attorney or outside counsel and heard by the Ethics Board regarding alleged violations of
this Ordinance as a result of the conduct of individuals must be initiated by the filing of a
written complaint in accordance with the procedure as set forth in Section 17 below.
Other actions relating to issues of policy such as questions as to whether this Ordinance is
being violated by City action may be brought by the request of anyone or on the Board’s
own motion; and
(4) no later than December 1st of each year, submit an annual report to
the Mayor and City Council concerning its action, if any, in the preceding year, which
shall contain a summary of its decisions and opinions; the Board shall make any
alterations in the summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or organization; and
(5) establish a process for evaluating all significant aspects of the
administration and implementation of this Ordinance; and
(6) prescribe and make available necessary forms for use under this
Ordinance; and
(7) when necessary, request assistance from the City Attorney in
compelling the production of documents and witnesses to assist in any investigation; and
(8) when necessary, retain outside legal counsel and other experts as
needed after solicitation of recommendations from the City Attorney, and upon approval
by the governing body of a contract for services approved as to form by the City
Attorney.
(b) The Board may:
(1) conduct meetings and hearings as the Board determines necessary
or appropriate:
(i) to ascertain public opinions and to gather information from
Deleted: ¶
Deleted: procedural rules
Deleted: ,
Deleted: rules
Deleted: subject to the approval of the
Mayor and City Council, and
Deleted: , whether such cases arise
from a complaint or are
Deleted: (unless the need to retain
outside counsel is caused by a conflict
involving the City Attorney’s Office)
DRAFT VERSION 1.3 – 8/7/07
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the general public, employees, or others regarding any aspect of the City’s ethics policies
or practices; and
(ii) for any other purpose for which the Board is authorized to
conduct hearings; and
(2) respond, as it deems appropriate, to requests for advisory opinions;
the Board may decline to render an opinion in response to any request for an advisory
opinion; and
(3) render and publish written formal opinions on any matter within
the scope of the Board’s authority; the Board may initiate opinions on its own motion or
upon request; and
(4) at the request of a person, the City Attorney may render an
informal opinion with respect to the prospective conduct of such person. Nothing in this
Ordinance shall be construed to prohibit a request for an informal opinion by any public
servant from the City Attorney regarding a potential conflict of interest. If the City
Attorney elects to render an informal opinion, the City Attorney shall, within a
reasonable time, submit a written summary of the opinion to the Board for the Board’s
information; if the City Attorney declines to render an informal opinion, nothing shall
preclude the person requesting the opinion from requesting the Board for an opinion; and
(5) prepare and publish special reports, technical studies, and
recommendations to further the purposes of this Ordinance; and
(6) make recommendations to the Mayor and City Council of
legislative or administrative actions regarding the City’s policies and practices which the
Board believes could enhance the ethical environment in which public servants work; and
(7) make recommendations to the City Manager and City Attorney
with respect to the development of an educational program for public servants subject to
this Ordinance, new Board members, and the public about their rights, duties and
responsibilities hereunder.
Section 14. Custodian of Records
The City Clerk shall serve as legal custodian of the Board’s records, and accept,
file, maintain and administer, in accordance with allapplicable laws, any information
related to the purposes of this Ordinance.
Section 15. Who May Request Board Action
(a) Any person may file a request for Board action with the City Clerk, either
personally or on behalf of a governmental body, and may request of the Board an ethics
opinion, whether a formal opinion or an advisory opinion, regarding the propriety of any
Deleted: confidential
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Deleted: ¶
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¶
Deleted: n
Deleted: organization or
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DRAFT VERSION 1.3 – 8/7/07
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matter or matters to which the person is or may become a party; and any decision maker,
with the consent of a prospective appointee, may request of the Board an ethics opinion
regarding the propriety of any matter to which the public servant, prospective public
servant or former public servant is or may become a party.
(b) Any request for Board action shall be in writing, shall be signed by the
person making the request, and shall comply with Section 17 below.
Section 16. Limitations on Board’s Power
The Board does not have the authority to reverse or otherwise modify a prior
action of the Mayor, governing body, or an official or employee of the City. If the Board
finds a prior action of the Mayor, the governing body, officer or employee to have been
ethically improper, the Board may advise the appropriate party or parties that the action
should be reconsidered. Upon such advice by the Board, the action should be
reconsidered by the appropriate person or public body. If the Board determines an
existing City contract to be ethically improper, after such determination and advice from
the Board, the City may void or seek termination of the contract if legally permissible.
The Board may refer a matter to the City Attorney or outside counsel for review and
consideration for appropriate action. Upon completion of review and consideration, the
City Attorney’s Office or outside counsel shall report its findings to the Board.
Section 17. Procedures for Hearing Complaints
(a) Any person may file a written complaint, signed and sworn in the presence
of a notary, with the City Clerk alleging a violation of this Ordinance.
(b) A complaint shall specify the provisions of this Ordinance alleged to have
been violated and facts alleged to constitute the violation.
(c) Every ethics complaint filed shall contain the following statement: “I have
read the complaint and aver that the facts contained therein are true to the best of my
knowledge and belief and I am aware that the Ethics Ordinance that created the Ethics
Board authorizes the Board to impose penalties for filing a frivolous complaint including
without limitation, dismissal of the complaint, payment of costs associated with the
handling and processing of the complaint, and/or all other penalties applicable under the
law.”
(d) Upon receipt of such a complaint, and until an investigation of the
complaint is concluded, all matters regarding the investigation, facts of the matter giving
rise to the complaint and status of the investigation shall not be disclosed and shall be
kept in confidence. Neither the Ethics Board, City Council or any other Board or
Commission shall entertain public comment, place the matter on its agenda, or entertain
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Deleted: .
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DRAFT VERSION 1.3 – 8/7/07
17
discussion of the issue until the report of investigation is delivered to the Ethics Board for
its consideration and the Ethics Board makes a final determination or forwards its report
to the City Council for a final determination.
(e) Upon receipt of such a complaint, but in any event not later than five (5)
working days after receipt, the City Clerk shall acknowledge receipt to the
complainant(s), and forward the complaint simultaneously to the Board, the person who
is complained against and the City Attorney. In the event that the subject of the
Complaint is a City Council member or the Mayor, the City Attorney shall be recused
and outside counsel will be retained for investigation of the Complaint. Outside counsel
shall be retained based on recommendation of the City Attorney subject to approval by
the Chairman of the Ethics Board and the City Manager
(f) The City Attorney or outside counsel shall provide the Board with a
preliminary written analysis of the complaint no later than thirty (30) days from the date
the complaint is filed with the City Clerk.
(g) During any investigation and during any hearing which is conducted to
determine whether a violation of this Ordinance has occurred:
(1) the person under investigation or the accused may be represented
by counsel of his or her own choosing; and
(2) the accused or his or her representative, if any, shall have an
opportunity to
(i) challenge the sufficiency of any complaint which has been
filed against him or her; and
(ii) examine all documents and records obtained or prepared by
the Board in connection with the matter heard; and
(iii) bring witnesses; and
(iv) establish all pertinent facts and circumstances; and
(v) question or refute testimony or evidence, including the
opportunity to confront and cross-examine adverse witnesses; and
(vi) exercise, to the extent the Board, in its discretion,
determines to be just and reasonable, any pretrial discovery procedure usually available
in civil actions.
(h) The following principles shall apply regarding evidence in connection
Deleted: d
Deleted: (e)
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DRAFT VERSION 1.3 – 8/7/07
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with hearings conducted by the Board:
(1) The Board shall not be bound to adhere to statutory Rules of
Evidence, but shall be fundamentally fair and reasonable in its administration of
evidence; and
(2) All evidence including certified copies of records which the Board
considers shall be fully offered and made a part of the record in the proceedings; and
(3) The accused or any other person under investigation shall be
afforded adequate opportunity to rebut or offer countervailing evidence; and
(4) The Board shall inform the accused or his or her counsel of
exculpatory evidence in its possession; and
(5) The standard of evidence sufficient to prove a violation in hearings
conducted under this Ordinance shall be by a preponderance of the evidence admitted at
the hearing.
(i) The Board, in addition to its other duties and powers, may:
(1) appoint a hearing officer to conduct hearings under this Ordinance;
and
(2) with the approval of the governing body, retain outside legal
counsel and other experts as needed with respect to hearings in accordance with its
policies. The selection of a hearing officer and outside counsel and other experts and any
contract for such persons shall be made after solicitation of recommendations from the
City Attorney and upon approval by the governing body of a contract for services
approved as to form by the City Attorney; and
(3) request testimony to be taken by deposition before any individual
who is designated by the Board and, in such instances, to compel testimony and the
production of evidence to the extent it is otherwise lawfully authorized to do so; and
(4) request any person to submit in writing such reports and answers to
questions relevant to the proceedings as the Board may prescribe, such submission to be
made within such period and under oath or otherwise as the Board may determine; and
(5) request and obtain copies of state income tax returns and access to
other appropriate information as permitted under state law regarding all persons who are
the subject of such investigation.
(j) The person complained against shall have thirty (30) days from the date of
receipt of the complaint from the City Clerk to submit a written response prior to the
Board deciding whether to hold a hearing.
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Deleted: order
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Deleted: h
DRAFT VERSION 1.3 – 8/7/07
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(k) Any person whose name is mentioned or who is otherwise identified
during a hearing and who, in the opinion of the Board, may be adversely affected thereby,
may, upon request of the person or a representative of the person, or upon the request of
any member of the Board, appear at the hearing to testify on his or her own behalf or
have a representative appear to so testify, and the Board may permit any other person to
appear and to testify at a hearing.
(l) Upon request of the accused, on its own motion, or upon request of the
City Attorney, the Board shall be authorized to issue subpoenas to compel the attendance
of necessary witnesses.
(m) Within thirty (30) days, following receipt of the City Attorney’s analysis,
the Board shall review and consider the complaint and the City Attorney’s analysis, and,
if a hearing is to be held, shall set a date certain for the hearing to take place within thirty
(30) days of said review by the Board, unless the accused petitions for and the Board
consents to a later date.
(n) As soon as practicable after giving due consideration to a complaint, or, if
a hearing was held, after the hearing, the Board shall take any action or combination of
actions which it deems appropriate and which it is lawfully empowered to take,
including, but not limited to the following:
(1) dismiss the complaint based on any of the following grounds:
(i) the complaint does not allege facts sufficient to constitute a
violation of this Ordinance; or
(ii) the Board has no jurisdiction over the matter; or
(iii) failure of the complainant to cooperate in the Board’s
review and consideration of the complaint; or
(iv) the complaint is defective in a manner which results in the
Board being unable to make any sound determination; and
(2) determine that no violation of this Ordinance has occurred; or
(3) determine that the complaint alleges facts sufficient to constitute a
violation of this Ordinance and that the Board will conduct a hearing, in which case the
Board shall promptly send written notice of such determination to the accused and to the
complainant; or
(4) determine that further information is required to determine whether
the complaint alleges facts sufficient to constitute a violation of the Ordinance; and
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Deleted: j
Deleted: k
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DRAFT VERSION 1.3 – 8/7/07
20
(i) conduct its own investigation of any alleged violation; or
(ii) request the City Attorney or outside counsel to investigate
the complaint and report all findings back to the Board; or
(iii) schedule the complaint for further review and consideration
at a future time certain, in which case the Board shall promptly send written notice of
such determination to the accused and to the party who made the complaint; or
(iv) refer the complaint for criminal investigation or
prosecution; or
(v) refer the complaint, along with the Board’s findings and
conclusions, to any appropriate administrative authority for disciplinary action or other
suitable remedial action; the Board, although it has no independent administrative
authority, may make any recommendation to any City administrator at any level of
supervision, if the Board finds that the recommendation will advance the objectives of
this Ordinance.
(5) After it has made its final determination, the Board shall issue its
written findings of fact and conclusions, and may issue any additional reports, opinions
and recommendations as it deems necessary. All such reports shall be in compliance
with all state and city laws governing confidentiality, open government, and torts. All
such reports shall be reviewed by the City Attorney prior to issuance.
Section 18. Those Subject to Removal Only by the Governing Body
(a) If findings relative to an elected or appointed official are filed by the
Board with the governing body, the matter shall be referred to the appropriate standing
committee of the governing body for a report, or the governing body may appoint a
special committee and proceed in accordance with any other applicable state or local
laws.
(b) The committee, in reporting the matter to the governing body, may
recommend a dismissal of the charges, a reprimand, or a hearing before the governing
body to determine whether removal from office is warranted under the applicable
provisions of the state and local laws. Failure of an official to file the required financial
disclosure statement may constitute grounds for removal from office.
(c) Any hearing by the governing body or by a special or standing committee
as designated by the governing body, shall be conducted in accordance with the following
provisions:
(1) The accused official must be given reasonable notice of the hearing
date.
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DRAFT VERSION 1.3 – 8/7/07
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(2) The Board is not bound by the rules of evidence of the Official
Code of Georgia. All evidence, including certified copies of records and documents
which the governing body considers shall be fully offered and made part of the record in
the case.
(3) Each party shall be afforded adequate opportunity to rebut or offer
countervailing evidence, and to examine and cross-examine witnesses.
(4) During the entire hearing conducted under the provisions of this
Ordinance, the official or any person whose activities are under investigation shall be
entitled to be represented by counsel of his or her choosing. The governing body shall
immediately disclose and forward to the official or his or her counsel any and all
exculpatory evidence.
(5) The accused official or his or her representative shall have an
adequate opportunity to examine all documents and records to be used at the hearing at a
reasonable time before the date of the hearing as well as during the hearing, to bring
witnesses, and to question or refute any testimony or evidence, including the opportunity
to confront and cross-examine adverse witnesses.
(6) The governing body shall have the power to compel the attendance
of witnesses and to issue subpoenas for books, records, documents or papers therein to be
designated under the authority granted to it by state law.
(7) The governing body may request income tax returns of the official
whose conduct or activities are under consideration by the governing body. The
examination of the official’s income tax returns shall be in accordance with state law.
(d) Governing body action. The governing body shall make a determination
in regard to the recommendation of the committee. Dismissal of the findings of the
Board as referred to the governing body, or reprimand by the governing body shall be by
a majority vote. Removal from office shall be in accordance with all applicable state and
local laws.
Section 19. Ex Parte Communications
(a) After a complaint has been filed and during the pendency of a complaint
before the Board, no member of the Board may communicate directly or indirectly with
any party or other person about any issue of fact or law regarding the complaint, except
that
1.the members of the Board may obtain legal advice from the City Attorney and
may discuss the complaint with anystaff provided to the Board by the governing
authority; and
2.the members of the Board may discuss the complaint at a lawfully
conducted meeting only; and
Deleted: T
Deleted: shall apply to the hearing
Deleted: ¶
¶
Deleted:
Deleted: (a)
Deleted: their
Deleted:
Deleted: (b)
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DRAFT VERSION 1.3 – 8/7/07
22
3. if any person attempts to communicate with a Board member
regarding the pending complaint, the Board member shall report the substance of the
communication to the Board on the public record at the next meeting or hearing of the
Board.
(b) No Board member shall undertake an independent investigation of any
complaint or matter before the Board.
Section 20. Confidentiality of Board Information
No member of the Board nor any public servant who has access to any
confidential information related to the functions or activities of the Board shall divulge
that information to any person not authorized to have it.
Section 21. Wrongful Use of Ethics Board
The purpose of the Board of Ethics is to endeavor to maintain a high standard of
ethical behavior by City officials, employees and other public servants. This will be most
effective when city officials, employees and other public servants and citizens work
together to set and maintain high ethical standards. Complaints directed to the Board
must be based on fact and have the intent to improve the ethical climate of the City.
Individuals directing unfounded, frivolous, false or politically motivated Complaints to
the Board of Ethics may be subject to penalties including but not limited to dismissal of
the Complaint, public reprimand, criminal prosecution for perjury, and/or payment of
costs associated with the handling and processing of the Complaint. Other penalties may
be imposed by the Ethics Board for the wrongful use of the Code of Ethics.
Section 22. Wrongful Use of the Code of Ethics
(a) A wrongful use of the Code of Ethics shall occur if and when a frivolous or
false complaint is filed in a negligent, reckless or purposeful manner without a basis in
law or fact and for a purpose other than reporting a violation of this Code. A person has
not filed a frivolous complaint if he/she reasonably believes that facts exist to support the
claim and either reasonably believes that under those facts the complaint is valid under
this Code or acts upon the advice of counsel sought in good faith and given after full
disclosure of all relevant facts within his/her knowledge and information.
(b) In deciding if a complaint is a "Wrongful use of the Code of Ethics", the
Ethics Board may also consider:
(1) the timing of the complaint with respect to when the facts supporting
the alleged violation became known or should have become known to the
complainant, and with respect to the date of any pending election in which the
Formatted: Bullets and Numbering
Deleted: I
Deleted: The identity of a person who
requests a confidential advisory ethics
opinion is confidential, as is information
describing or pertaining to any
organization mentioned if the disclosure
of the information could lead to the
disclosure of the identity of the person
requesting the confidential advisory
opinion.¶
DRAFT VERSION 1.3 – 8/7/07
23
respondent is a candidate or is involved with a candidacy, if any;
(2) the nature and type of any publicity surrounding the filing of the
complaint, and the degree of participation by the complainant in publicizing the
fact that a complaint was filed with the Ethics Board;
(3) the existence and nature of any relationship between the respondent
and the complainant before the complaint was filed;
(4) if respondent is a candidate for election to office, the existence and
nature of any relationship between the complainant and any candidate or group
opposing the respondent;
(5) any evidence that the complainant knew or reasonably should have
known that the allegations in the complaint were groundless; and
(6) any evidence of the complainant’s motives in filing the complaint.
Section 23.
. Statute of Limitations
No action may be taken on any complaint which is filed later than one (1) year
after a violation of this Ordinance is alleged to have occurred, and a complaint alleging a
violation must be filed within six (6) months from the date the complainant(s) knew or
should have known of the action alleged to be a violation. The discovery rule shall
apply. Section 24. Penalties
Any violations of this Ordinance shall be punishable to the maximum extent
permitted by law. Any disciplinary action shall be carried out in accordance with the
provisions of this Ordinance, as well as any other applicable laws, policies and
procedures applicable to the position of the offender and the gravity of the offense. The
Board is permitted to take any action which it is otherwise lawfully permitted to take,
including, but not limited to, any one or combination of the following which the Board
deems appropriate under the circumstances: public admonition by the Board; public
reprimand by the Board; and recommendation to the City Council for suspension,
demotion, forfeiture of office or removal from office, and/or termination from
employment, as allowed by applicable law.
Section 25. Penalties Cumulative
The penalties prescribed in this Ordinance shall be cumulative and not exclusive
of each other or of any other penalties which may be imposed pursuant to any other laws
or policies.Section 26. Liberal Construction of Ordinance
The provisions of this Ordinance are to be construed liberally, to the end that the
Deleted: Waiver of Confidentiality
Deleted: A person who makes or
purports to make public the substance of
or any portion of an advisory opinion
requested by or on behalf of that person is
deemed to have waived the
confidentiality of the request for an
advisory opinion and of any records
obtained or prepared by the Board in
connection with the request.¶
¶
¶
Section 22
Deleted: ¶
¶
¶
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Deleted: ¶
Deleted: 4
Deleted: ¶
¶
¶
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DRAFT VERSION 1.3 – 8/7/07
24
public interest be fully protected, and shall be construed in a manner consistent with all
applicable federal and state laws and applicable provisions of the City Charter.
Section 27. Severability
If any provision of this Ordinance is deemed invalid by any court or by any
federal or state agency of competent jurisdiction, or is held by such court or agency to be
modified in any way in order to conform to the requirements of any such provision, the
conflicting provision of this Ordinance shall be considered a separate, distinct and
independent part of this Ordinance, and such holding shall not affect the validity and
enforceability of this Ordinance, or any part other than the part declared to be
invalid.Section 28. Effective Date
This Ordinance shall be effective upon the approval and adoption by the
governing body of the City.
Deleted: ¶
¶
Deleted: 6
Deleted: ¶
¶
¶
Deleted: 7
DRAFT VERSION 1.3 – 8/7/07
25
APPENDIX OF DEFINITIONS
For purposes of this Ordinance, the following terms, phrases, words and their
derivatives shall have the meanings given herein.
(1) Appointing authority means the Mayor, City Council, City Manager or any
other person who appoints a person to a public position.
(2) Associated, when used with reference to a business or an organization,
includes any business or organization in which a public servant or a public servant’s
partner in interest is a director, officer or trustee, or owns or controls, directly or
indirectly, and severally or in the aggregate, at least 5% of the outstanding equity, or any
business or organization in which a public servant or a partner in interest has a personal
interest.
(3) Benefit means
(a) anything having a monetary value in excess of $100; or
(b) anything, regardless of its monetary value, perceived or intended
by either the one who offers it or the one to whom it is offered to be sufficient in value to
influence a public servant in the performance or non-performance of an official action; or
(c) anything, regardless of its monetary value, which, under the
circumstances, a reasonably prudent person in the position of the public servant to whom
the thing is or may be offered, would recognize as being likely to be intended to influence
the public servant in the performance or non-performance of an official action; and
(d) the term “benefit” includes, but is not limited to, a valuable act,
advance, award, contract, compensation, contribution, deposit, emolument, employment,
favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment,
perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise
that any of these things will be conferred in the future.
(4) Board means the Board of Ethics established by the City to operate under
the provisions of this Ordinance, unless the context clearly indicates otherwise; used
generically, “board” may mean any voting body
(a) which is established to participate as a body in some manner in the
conduct of the City government, including participation which is merely advisory,
whether established by state law, city charter, ordinance, contract, executive action or any
other lawful means; and
(b) any part of whose membership is appointed by the Mayor, City
Council or governing body acting on behalf of the City; but the term “board” does not
include a board, commission or committee which is the governing body of a separate
DRAFT VERSION 1.3 – 8/7/07
26
political subdivision of the State, or whose membership, after appointment, is not subject
to any regulation by the governing body; nor does it include any City administrative
agency, bureau, department, division or office which is administered by individuals rather
than by a body.
(5) Business means an activity, association, commercial entity, corporation,
enterprise, firm, franchise, holding company, joint stock company, organization,
partnership, receivership, self-employed individual, sole proprietorship, trust or other
legal entity established to earn or otherwise obtain money, whether for profit or non-
profit, excluding a municipal corporation or governmental entity.
(6) Business with which a public servant is associated means a business in
which any of the following applies:
(a) The public servant is an owner, partner, director, officer, employee
or independent contractor in relation to the business; or
(b) A public servant’s partner in interest is an owner, partner, director
or officer; or
(c) The public servant or a partner in interest is a stockholder of close
corporation stock which is worth at least $1,000 dollars at fair market value or which
represents more than a 5% percent equity interest; or
(d) The public servant or a partner in interest is a stockholder of
publicly traded stock which is worth at least $5,000 at fair market value or which
represents more than 5% percent equity interest, other than publicly traded stock under a
trading account if the public servant reports the name and address of the stockholder; or
(e) Any business, regardless of ownership or value, by whom or for
whose benefit a decision maker is influenced to act in the hope or expectation of
obtaining a personal benefit for the public servant or for a partner in interest of the public
servant.
(7) Candidate means an individual who is a candidate for an elective office in
the City, as defined in the City Charter, or an applicant for City employment or for an
appointive City position.
(8) Child means a son or daughter, whether or not the son or daughter is the
biological offspring of the legal parent or parents and whether or not the son or daughter
is financially dependent on the parent or parents.
(9) Confidential information means information which has been obtained in
the course of holding public office, employment, an independent contract or otherwise
acting as a public servant, and which information is not available to members of the
public under The Georgia Open Records Act or other law or regulation and which the
DRAFT VERSION 1.3 – 8/7/07
27
public servant is not authorized to disclose, including:
(a) any written information that could lawfully be excepted from
disclosure pursuant to state law, unless the public servant disclosing it is authorized to do
so by state law, or pursuant to some other pertinent law, policy or procedure; and
(b) any non-written information which, if it were written, could be
excepted from disclosure under state law, unless the public servant disclosing it is
authorized to do so by the state law, or pursuant to some other pertinent law, policy or
procedure; and
(c) information which was obtained in the course of or by means of a
record or oral report of a lawful executive or closed session, whether or not the disclosure
of the information would violate state law, unless the public servant disclosing it is
authorized by state law to do so, or unless the public servant disclosing it has been
properly authorized to disclose it pursuant to an applicable law, policy or procedure;
however, when such information is also available through channels which are open to the
public, this provision does not prohibit public servants from disclosing the availability of
those channels.
(10) Compensation means any benefit conferred upon or received by any
person in return for services rendered or to be rendered.
(11) Conflict of interest means not only a personal interest, as defined in this
Ordinance, but also a professional or non-pecuniary interest, such as arises when the City
Attorney is precluded from representing one public servant because of the City
Attorney’s preexisting attorney-client relationship with another public servant.
(12) Controlled or illegal substance means any drug or other substance, the use
of which is regulated by federal or state law, except that within the meaning of this
Ordinance the term does not include any drug or substance which has been lawfully
prescribed by an authorized person for the use of a public servant, and which is used by
the public servant in accordance with the prescription.
(13) Decision maker means any public servant or group of public servants
empowered to act in a discretionary manner on behalf of the City in any capacity
whatsoever, including the making of recommendations. Decision maker includes, but is
not limited to, any City agency, bureau, department, division, office, administrator or
person who is charged with implementing and administering particular legislation or
executive or administrative decisions, and, to the extent this Ordinance is applicable to
them, any volunteer or independent contractor who is empowered to exercise any
discretionary power which could influence a public servant in the performance or
nonperformance of an official action. In this Ordinance, the term “decision maker” is
used to represent any and every public servant who could take any discretionary action
regarding a matter in which a public servant or a partner in interest has or may have a
conflict of interest, or as a result of which a public servant might receive a personal
DRAFT VERSION 1.3 – 8/7/07
28
benefit.
(14) Decision making means the exercise of any discretionary public power in
any capacity whatsoever, including the making of recommendations, by any public
servant whose action pertains to a matter in which a public servant or a public servant’s
partner in interest has or may have a conflict of interest, or as a result of which a public
servant might receive a personal benefit.
(15) Disclose means, unless the context of this Ordinance indicates otherwise,
to provide the City Clerk with written notice of a conflict of interest or a
potential conflict of interest, and any other pertinent information,
including the nature and extent of the public servant’s conflict of interest,
the decision maker(s) who may act on the matter, and the name and
address of any person alleged to have a conflict of interest or a potential
conflict of interest. Unless this Ordinance or a law which supersedes it
requires or permits another procedure, information shall be deemed
disclosed if any public servant within a reasonable time before any official
action is to be taken by the decision maker, provides the City Clerk with
written notice disclosing the conflict or potential conflict. For purposes of
this provision, “within a reasonable time” means within adequate time to
allow the City Clerk, acting within the City’s normal schedule and
procedures for transmitting written documents, to forward the disclosure
to the decision maker(s) before whom the matter is pending or may be
brought, and within adequate time to allow the decision maker(s) to
review the disclosure before taking any official action.
(16) Discovery rule means, the statute of limitations does not start to run until
the date of the discovery of the violation or wrongful act, or the date which, by the
exercise of reasonable care and diligence, the complaining party should have discovered
the violation or wrongful act
17 Employee means a person, other than an elected public officer, employed and
paid a salary to work for the City, whether under civil service or not, whether full-time,
part-time, or on a contract basis, and including those officially selected but not yet
serving; and, for purposes of establishing ethical obligations under this Ordinance and for
no other purpose, the term “employee” includes volunteers, notwithstanding the fact that
they are unpaid.
(18) Frivolous means a claim or complaint which is clearly insufficient on its
face, does not controvert the material points of the opposing party and is presumably
interposed for mere purposes of delay or to embarrass the opponent. A claim or defense
is frivolous if a proponent can present no rational argument based upon the evidence or
law in support of that claim.
(19) Gift means any benefit or thing or act of monetary value which is
conveyed to or performed for the benefit of a public servant or a partner in interest,
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: (15)
Deleted: (
Deleted: 1
Deleted: 6
Deleted: )
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DRAFT VERSION 1.3 – 8/7/07
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including any advance, award, contract, contribution, deposit, employment, favor,
forbearance, gift, gratuity, honorarium, loan, payment, service, subscription, or the
promise that any of these things or acts of value will be conferred in the future, if such
thing or act of value is conferred or performed without the lawful exchange of
consideration which is at least equal in value to the thing or act conferred or performed.
(20) Governing body means the elected officials who comprise the legislative
body of the City, as defined by the City Charter.
(21) Immediate family means:
(a) a public servant's spouse, children, grandchildren, parents, parents-
in-law, grandparent, grandparents-in-law, sisters, sisters-in-law, brothers, brothers-in-law,
sons-in-law, daughters-in-law, nieces, nephews, aunts, uncles (whether by marriage,
lineal descent or adoption ); and
(b) a public servant's relative by marriage, lineal descent or adoption
who receives, directly or indirectly, more than one-half of his or her support from the
public servant or from whom the public servant receives, directly or indirectly, more than
one-half of his or her support; and
(c) an individual claimed by the public servant or the public servant’s
spouse as a dependent under the United States Internal Revenue Code.
(22) Interest means any personal benefit accruing to a public servant or the
public servant’s partner in interest, whether in the public servant's own name or the name
of any person or business from which the public servant is entitled to receive any
personal benefit, as a result of a matter which is or which is expected to become the
subject of an official action by or with the City.
(23) Loan means a transfer of money, property or anything else of ascertainable
monetary value in exchange for an obligation, conditional or not, to repay in whole or in
part.
(24) Materially adverse means an opposing or contrary position of substantial
or important a matter as to influence the party in question.
(25) Matter means, unless the context of this Ordinance indicates otherwise,
any act, action, agenda item, allegation, application, amendment, auction, bill, business,
case, charge, claim, consideration, contract, controversy, decree, deed, deliberation,
discussion, hearing, issue, lease, license, measure, offer, order, ordinance, permit,
personnel action, petition, policy, presentation, procedure, privilege, proceeding, project,
proposal, proposition, purchase, recommendation, regulation, rental, request, resolution,
sale, subject, transaction, use, variance or other discretionary choice pending before a
City decision maker when a public servant or a partner in interest has a personal interest
in the outcome of the decision, or the decision may result in a personal benefit to a public
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Deleted: 0
Deleted: 1
Deleted: 2
DRAFT VERSION 1.3 – 8/7/07
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servant or a partner in interest.
(26) Ministerial action means a simple and definite action or function imposed
by law where no exercise of discretion or judgment is required.
(27) Negotiating concerning prospective employment means one or more
discussions between a public servant and a potential employer other than the City
concerning the possibility of the public servant or a partner in interest considering or
accepting employment with the employer, in which discussion(s) the public servant
responds in a positive way.
(28) Office means any of the following:
(a) An elective position within the government of the City; or
(b) A City Attorney; or
(c) An appointive City position in which a public servant serves for a
specified term, except a position limited to the exercise of ministerial functions or a
position filled by an independent contractor; or
(d) An appointive City position which is filled by the governing body
or the executive or administrative head of the City, and in which the incumbent serves at
the pleasure of the appointing authority, except a clerical position, a position limited to
the exercise of ministerial functions or a position filled by an independent contractor.
(29) Officer means any person elected or appointed to hold an office, as
defined in the charter of the City.
(30) Official action means any act, action, approval, decision, denial, directive,
disapproval, inaction, order, performance, nonperformance, recommendation, vote, or
other direct result of a public servant’s exercise of discretionary authority in connection
with the public servant’s public position.
(31) Official duty means any official action or ministerial action which a public
servant is obligated or authorized to perform by virtue of being a public servant.
(32) Official records means any minutes, papers, documents, completed forms,
or other records maintained by a public agent for the purpose of fulfilling the disclosure
requirements of this Ordinance.
(32) Organization means, unless the context indicates otherwise, any non-profit
business other than an individual or governmental agency.
(33) Partner in interest means, when used in this Ordinance in connection with
a public servant, as in the phrase “a public servant or a partner in interest” any and all of
the following:
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Deleted: 28
Deleted: 29
Deleted: 0
Deleted: 1
DRAFT VERSION 1.3 – 8/7/07
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(a) a member of the public servant's immediate family; or
(b) a business with which the public servant or a member of the public
servant’s immediate family is associated; or
(c) any other person with whom the public servant or a member of his
immediate family is in business, or is negotiating or has an agreement concerning future
employment or the future conferring of any personal benefit, whether in the public
servant's own name or the name of any business or person from whom the public servant
is entitled, or expects to become entitled, to receive any personal benefit, as a result of a
contract or trans-action which is, or which is expected to become, the subject of an
official action by or with the City. The term partner in interest does not imply or require
any form of legal partnership or formal agreement.
(d) When used in the phrase “a public servant or a partner in interest,”
the term “partner in interest” refers only to a partner in interest of the public servant to
whom reference is being made, and not to any other person’s partner in interest.
(34) Reasonable means fair, proper, equitable and just under the circumstances.
(35) Personal benefit means any benefit which is offered or received, or
perceived to be offered or received, primarily for the purpose of influencing the manner
in which a public servant performs or refrains from performing an official action, so that
an attempt is made to induce the public servant, or the public servant is induced, to act in
favor of some interest other than the public interest on the basis of an expectation or hope
that the public servant or a partner in interest of the public servant will obtain some
private gain by acting against the public interest; provided, however, that the term
“personal benefit” within the meaning of this Ordinance does not include any of the
following, which, although they may benefit individual public servants, are deemed to be
primarily public benefits rather than personal benefits:
(a) payment by the City of salaries, compensation or employee
benefits; or payment by an employer or business other than the City of salaries,
compensation, employee benefits or pursuant to a contract, when the payment is
unrelated to a public servant’s status as a public servant and is not made for the purpose
of influencing, directly or indirectly, the vote, official action or decision of a public
servant; or
(b) fees, expenses, or income, including those resulting from outside
employment, which are permitted and reported in accordance with the policies of the
City; or
(c) authorized reimbursement of actual and necessary expenses; or
(d) admission, regardless of value, to events to which public servants
are invited in their official, representative capacity as public servants; or
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DRAFT VERSION 1.3 – 8/7/07
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(e) campaign or political contributions which are made and reported in
accordance with state law; or
(f) reasonable hosting, including travel and expenses, entertainment,
meals or refreshments furnished in connection with public events, appearances or
ceremonies related to official City business, if furnished by the sponsor of such public
event; or in connection with speaking engagements, teaching or rendering other public
assistance to an organization or another governmental entity; this provision applies only
if the City does not also pay the person for the same activity; or
(g) awards publicly presented in recognition of public service, acts of
heroism or for solving crimes; or
(h) anything of value, regardless of the value, when the thing of value
is offered to the City, is accepted on behalf of the City, and is to remain the property of
the City; or
(i) commercially reasonable loans made in the ordinary course of the
lender's business in accordance with prevailing rates and terms, and which do not
discriminate against or in favor of an individual who is a public servant because of such
individual’s status as a public servant; or
(j) complimentary copies of trade publications; or
(k) any unsolicited benefit conferred by any one person or business if
the economic value totals less than $250.00 per calendar year, and if there is no express
or implied understanding or agreement that a vote, official action or decision of a public
servant will be influenced; or
(l) reasonable compensation for a published work which did not
involve the use of the City’s time, equipment, facilities, supplies, staff or other resources,
if the payment is arranged or paid by the publisher of the work; or
(m) reasonable compensation for a published work which did involve
the use of the City’s time, equipment, facilities, supplies, staff or other resources, if the
payment of the compensation to the public servant is lawfully authorized by a
representative of the City who is empowered to authorize such compensation; or
(n) anything of value, if the payment, gift, or other transfer of value is
unrelated to and does not arise from the recipient's holding or having held a public
position, and if the activity or occasion for which it is given does not involve the use of
the City’s time, equipment, facilities, supplies, staff or other resources which is not
available to the general public; or
(o) anything of value received as a devise, bequest or inheritance; or
DRAFT VERSION 1.3 – 8/7/07
33
(p) a gift received from a relative within the third degree of
consanguinity, under the civil law computation method, to the public servant, or the
spouse of such a relative; or
(q) a gift received from a spouse of a public servant, or a spouse’s
relative within the third degree of consanguinity to the spouse, under the civil law
computation method.
(36) Personal interest means a direct or indirect interest having value peculiar
to a particular individual or group, whether the value is pecuniary or non-pecuniary,
which value may accrue to such individual or group or result in such individual or group
deriving or potentially deriving a personal benefit as a result of the approval or denial of
any ordinance, resolution, order or other official action, or the performance or
nonperformance thereof, by a public servant, and which interest is not shared by the
general public..
(37) Public servant means any member of the governing body or of any City
agency, board, commission, committee, or other voting body, and any agent, department
head, employee, official, supervisor, volunteer, or other person, whether elected or
appointed, or legally authorized by contract or in any other manner to act in any capacity
under the authority of the City.
(38) Relative means a person who is related to an official or employee (whether
by marriage, lineal descent or adoption) as spouse, parent, child, brother, sister, aunt,
uncle, niece, nephew, grandparent, grandchild, parents-in-law, son-in-law,
daughter-in-law, , brother-in-law or sister-in-law.
(39) Volunteer means an individual who is permitted by the City, or by a
person authorized to act on behalf of the City, to assist public servants in performing any
kind of official duty or action without any expectation of receiving compensation.
(40) Voting body means the governing body and any other City authority,
board, commission, committee, council or group, regardless of whether its function is
legislative, administrative, quasi-administrative or quasi-judicial or any combination
thereof, which must act as a body on the basis of a vote of some or all of its members.
Deleted: 4
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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
13000 Deerfield Parkway BLDG 100 Suite 107C Milton, Georgia 30004
City of Milton Stormwater Sewer System (aka MS4)
The Clean Water Act of 1972 requires that municipalities within large metropolitan areas obtain
National Pollution Discharge Elimination System (NPDES) permits to operate their storm sewer
systems. A storm sewer system is defined as a system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels,
or storm drains) designed or used for collecting and conveying stormwater. The regulatory
definition of this system is a MS4, a Municipal Separate Storm Sewer System.
The City of Milton is required to obtain a permit to operate its MS4 for the period 2007 through
2012. The permit is issued by the State of Georgia Dept. of Natural Resources Environmental
Protection Division. Prior to the beginning of each 5 year permit period each municipality
must undergo an audit (by EPD) of their program. The City of Milton must submit their
application, including a stormwater management plan, and undergo an audit by September
2007.
The permit application is commonly referred to as a “Notice of Intent (NOI)” to discharge
stormwater into State Waters. The application (NOI) must include a program of measures for
system management to be implemented within the 5 year permit period. There are six key
areas that must be addressed with the NOI:
1) Public Education and Outreach
2) Public Involvement/Participation
3) Illicit Discharge Detection and Elimination
4) Construction Site Stormwater Runoff Control
5) Post-Construction Stormwater Management in New Development and Redevelopment
6) Pollution Prevention/Good Housekeeping
A majority of these requirements are currently being met with the adoption of model
ordinances and our plan review/inspection process. Other requirements such as
education/outreach, public involvement/participation are relatively minor in terms of staff
commitment and cost. The key elements of the program, in terms of effort and cost, include the
following:
1) System Inventory/Mapping – This includes public owned and privately owned
2) Developing an Inspections/Enforcement Program – Although we aren’t directly
responsible for private facilities, we are responsible for insuring their compliance.
3) Developing a plan for Operation and Maintenance
4) Developing a Capital Improvement Plan
5) Floodplain Mapping– This is an extension of the FEMA program, but it addresses future
watershed conditions and extends farther into the basin.
6) Water Quality Monitoring (possible in future)
7) Watershed Improvement Plans (possible in future)
Compliance with this permitting requirement, does call for a significant budgetary commitment
in coming years. Failure to comply with this requirement could result in penalties, fines, and
withheld funding.
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
Mark Scott, City Attorney
'p V 115 Perimeter Center Place NE Suile 785 Atlanta. Gwgia 30346
\8"
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, ~t 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.
Specifical'ly, 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 Focal
government. This process shall streamline the management of these services from both the
service provider's perspective and the local government" 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:
e Term: Three scenarios exist for the tern: a) upon receipt by AT & T of a
statewide franchise agreement; upon 30 days written netice of termination; or on
A
City of Milton
@ 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
\-"
December 131, 2008 should AT 8 T not receive a statewide franchise
agreement.
* Payment frequency: quarterly;
e Fee: 3% of recurring local service revenue;
Effective Date: Upon adoption - anticipated to be August 16, 2007
Alternatives: NIA
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~on Entertainment. Innovatwe Program Guide. sz&tmPd -ICP- Program Search.
AT&T offers U-verse customers a variety U-verse TV features a crisp and clean user U-verse TV has a
of compelling programming packages and interface and electronic program guide. unique search
a robust channel lineup featuring today's Its intuitive navigation, menu functionality capability that
most popular networks, No matter what and information-rich guide enhance allows customers to
their interests, customers will find content the viewing experience. search programs or
that fits their lifestyle, including movies. the YOD library by title or actor's name.
sports, music. Local programming.
premium channels, Spanish-language,
religious, and ethnic networks, and more.
High Qcfin~ton Prograrnmrng.
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.
Dig~tal Video- ,--
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~ng uslng 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
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.
scheduling DVR recordings from any
Internet-connected computer or
compatible wireless device using
their AT&T Yahoo! portaL
<
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~ng Offices
Copper *U"
Node
Fi be:
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 day of 2007.
SECTION T - PURPOSE AND INTENT
On Ma 30, 2007, House BiIl 227, also known as he Consumer Choice for V Television 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 CCT A 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
1 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's jurisdiction is 3%.
l of2
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,
~ncluding municipal 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
115 Perimeter Center Place NE Suite 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
Council Meetings
Agenda Item: An Ordinance Adopting Chapter 18, Assemblages in Public Places, of the City of Milton
Code of Ordinances
CMO (City Manager’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 (18) 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.
Discussion:
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 well
as gives the necessary exceptions;
Article 3 – Application and Permit – provides details and directions on the requirement of an
application/permit, the necessary information on said application/permit, 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
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Concurrent Review: Senior Staff
City Attorney
X:\City Clerk\Master Agendas 2007\August 16\CHAPTER 18- Assemblages in Public Places as of 070907.doc
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 16\CHAPTER 18- Assemblages in Public Places as of 070907.doc
2
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
X:\City Clerk\Master Agendas 2007\August 16\CHAPTER 18- Assemblages in Public Places as of 070907.doc
3
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.
X:\City Clerk\Master Agendas 2007\August 16\CHAPTER 18- Assemblages in Public Places as of 070907.doc
4
(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.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Director
Date: August 9, 2007 for Submission onto the August 16, 2007 City Council
Meeting
Agenda Item: A Resolution Requesting the Milton Community Development Director Enter
Into Formal Negotiations with the Preferred Consulting Firm for the Development of the Milton
Comprehensive Plan
CMO (City Manager’s Office) Recommendation:
To approve the attached resolution for requesting the Community Development Director, Tom
Wilson enter into formal negotiations with the preferred consulting firm BRPH, Inc. for the
development of the Milton Comprehensive Plan
Background:
On July 23, 2007, an eight member consultant proposal review committee for the City of
Milton unanimously approved the consulting firm of BRPH, Inc. as the preferred
consulting firm for managing the Milton Comprehensive Plan process based on the
submitted Request for Proposals (RFP) and the presentation before the review
committee membership. BRPH Inc., submitted a tentative cost proposal not to exceed
$144,800 for the Milton Comprehensive Plan, based on Georgia Department of
Community Affairs Minimum Standards guidelines for local governments falling
within the Advanced Planning Level criteria classification.
A total of four consulting firms submitted RFP’s for the Milton Comprehensive Plan.
The Committee ranked all four firm’s RFP’s prior to a presentation to the review
committee, based on a quantifiable performance scale. The firms were recognized prior
to their RFP submissions that a formalized ranking process would be entertained to
decided on the preferred firm to enter into a consulting services contract. The cost of
the services provided was not a component of the review committee ranking process
analysis.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Discussion:
This resolution would provide the City of Milton with the ability to initiate formal contract
negotiations with BRPH, Inc. in an effort to develop consulting services for the creation
of the Milton Comprehensive Plan.
The City of Milton requires approval from Mayor and City Council for any proposed
budgetary expenditures exceeding a $50,000 bid amount. The city’s change order policy
requirements will prevail for this proposed contract if contract amendments are
necessitated as part of the overall comprehensive plan process.
Alternatives:
The alternative would be consider the consultant proposal review committee’s number two
selection in the ranking order or to initiate a new formalized RFP bid process.
Concurrent Review:
Carol Wolfe, Operations Director
STATE OF GEORGIA
RESOLUTION NO.07-___
COUNTY OF FULTON
A RESOLUTION REQUESTING THE MILTON COMMUNITY DEVELOPMENT DIRECTOR
ENTER INTO NEGOTIATIONS WITH THE PREFERRED CONSULTING FIRM FOR THE
DEVELOPMENT OF THE MILTON COMPREHENSIVE PLAN
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on August
_____, 2007 at 7:00 p.m. as follows:
WHEREAS, on July 23, 2007, an eight member consultant proposal review committee for the City of
Milton unanimously approved the consulting firm of BRPH, Inc. as the preferred consulting firm for
managing the Milton Comprehensive Plan process; and
WHEREAS, the City of Milton requires all proposed contracts over a $50,000 bid amount be formally
approved by Mayor and City Council prior to entering into a contract negotiation phase; and
WHEREAS, the City of Milton created a competitive request for proposals and bid process, where a total
of four consulting firms with sub-consultant services submitted proposals, and
WHEREAS, BRPH Inc., submitted a tentative cost proposal not to exceed $144,800 for the Milton
Comprehensive Plan, based on Georgia Department of Community Affairs Minimum Standards
guidelines for local governments falling within the Advanced Planning Level criteria; and
WHEREAS, the Milton Mayor and City Council direct the Community Development Director to oversee
the negotiations of the overall contract in an overall lump sum orientation; and
WHEREAS, the Milton Mayor and City Council shall approve the final contract amount and any future
cost proposal amendments based on the change order policy for approval; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MILTON, and it is hereby resolved and established by authority of the same, that the Milton Community
Development Director shall enter into formal contract negotiations phase with the consulting firm of
BRPH, Inc. in an effort to develop a Milton Comprehensive Plan which will be approved by Mayor and
City Council prior to contracted services being initiated.
The above Resolution having been read according to law is hereby approved by the Mayor and Council of
the City of Milton, Georgia on this _____ day of August, 2007.
Joe Lockwood, Mayor
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Tami Hanlin, Community Services/Program Director
Date: August 9, 2007
Agenda Item: Project Framework Agreements
Approval of a Resolution to Enter into a Project Framework Agreement for PI0007312
Transportation Master Plan (ARC #FN239).
Engineer Recommendation:
Staff recommends the City enter into contractual agreements with the Georgia Department of
Transportation for: PI0007312 TRANSPORTATION MASTER PLAN
Background:
Transportation Engineer/Planner manages the process of Transportation funding for the City of
Milton. These responsibilities include prioritization of projects, GDOT relationships, GDOT
paperwork, and more.
Discussion:
Before any GDOT funds can be utilized, the first step required of the City is that of Project
Framework Agreements (PFA’s). This is the written agreement that the City wants a project and
will participate with staff and funding. Staff analyzed all Transportation related projects and
recommends that the following:
• Staff has identified a substantial positive benefit to moving the Transportation Master
Plan forward to keep it coordinated with the Comprehensive Plan Update underway.
This is the next step to continue to move this project forward. Council has not yet voted
to approve this project.
Items decision-makers need to know:
1. Signing these contracts commits the City to the life of the project (generally 2-3 years)
Alternatives:
1. Wait for the Budget Process to identify funding
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. __________
A RESOLUTION TO ENTER INTO A PROJECT FRAMEWORK AGREEMENT FOR:
PI0007312 TRANSPORTATION MASTER PLAN (ARC #FN239)
AS ATTACHED HERETO AND INCORPORATED HEREIN
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on
August __, 2007 at 7:00 p.m. as follows:
SECTION 1. That Transportation is an important concern to all Milton residents and
businesses and;
SECTION 2 That upon review of all projects programmed prior to the creation of Milton,
staff reviewed and began coordination of transportation projects, including the adoption of
project sponsorships by both the Georgia Department of Transportation and the Atlanta
Regional Commission; and
SECTION 3 That such recommendations are hereby adopted and approved and is attached
hereto as if fully set forth herein; and;
SECTION 4. That this Resolution shall become effective upon its adoption;
SECTION 5. That resolutions in conflict with this resolution are hereby repealed.
RESOLVED this the ____ day of August, 2007
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
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City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: August 2, 2007 for submission onto August 9, 2007 work session and August 16, 2007
meeting agenda
Agenda Item: Approval of Resolution consenting to creation of North Fulton Community
Improvement District.
City Attorney Recommendation:
Adopt the attached resolution consenting to the creation of the North Fulton Community
Improvement District.
Background:
At the May 10, 2007 work session, Council Member D’Aversa made a presentation on the
benefits of creating a Community Improvement District (CID) for the City of Milton following the
model of the North Fulton CID created by Roswell and Alpharetta. On July 20, 2007, at the
request of the City Manager, I met with representatives of the Greater North Fulton Chamber of
Commerce and the North Fulton CID at which time it was explained to me that the Deerfield
Park development area is already a part of the North Fulton CID so that city action was required
to consent to the creation of the district within the bounds of the City.
Discussion:
As Council Member D’Aversa explained to us, a Community Improvement District allows for a
special taxation of businesses contained therein which produces local community improvement
revenues which are allocated to projects and improvements specific to the area. The
consensus appeared to indicate that the council supported such a concept.
On July 20, at the meeting with CID and Chamber representatives, I learned that the North
Fulton CID already includes portions of the City of Milton, including the area in which City Hall is
located. For this to continue, the City must consent to the creation of the district (retroactively).
Additionally, by joining an already existing CID, the City will not have to go through the logistical
process of creating a new one, including the considerable costs of retaining and locating staff.
CID and Chamber personnel also indicated that they would be willing to expand the CID
boundaries, with consent of business owners, to the Highway 9 corridor in order to carry out the
purposes which Council Member D’Aversa had advocated at the May 10 presentation.
Coincident to this resolution, the mayor will also have to execute cooperation agreements on
behalf of the City.
Alternatives:
By not passing this resolution, the areas of the City already contained within the CID will no
longer be able to be a part of it. This will create considerable legal and tax issues for the district
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
and those businesses already participating. The alternative would be, as was described at the
May 10 meeting, to create an entirely new CID.
Concurrent Review:
City Manager
RESOLUTION NO. _______________
STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION CONSENTING TO CREATION OF THE
NORTH FULTON COMMUNITY IMPROVEMENT DISTRICT
WHEREAS, by Act of the Legislature, 1987 Ga. L. 5460, the Georgia Legislature enacted the Fulton
County Community Improvement Districts Act; and
WHEREAS, by Resolution of the Fulton County Board of Commissioners on September 5, 2001, by
Resolution of the City of Alpharetta on September 8, 2003, and by Resolution of the City of Roswell on October
6, 2003, and upon the consent of the required percentages of property owners subject to community
improvement district taxes as certified by the Fulton County Tax Commissioner, the North Fulton Community
Improvement District (hereinafter “CID”) was created; and
WHEREAS, at the time of the creation of the CID, the incorporated City of Milton did not exist; and
WHEREAS, the City of Milton has now been incorporated and has an elected Mayor and City Council;
and
WHEREAS, the CID is now located partially within the incorporated area of the City of Milton; and
WHEREAS, the City of Milton has determined that the CID will continue to help provide governmental
services and facilities within said district and is in the best interest of, and would promote the health, safety and
welfare of, the citizens of the City of Milton.
NOW, THEREFORE, BE IT RESOLVED, that the City of Milton consents to the creation of the North
Fulton Community Improvement District as presently constituted for the provision of the following governmental
services and facilities:
1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and
devices to control the flow of traffic on streets and roads;
2) Public Transportation, including but not limited to, services intended to reduce the volume of
traffic or to transport two or more persons in common vehicles or conveyances;
3) Stormwater and sewage collection and disposal systems;
4) Development, storage, treatment, purification and distribution of water;
5) Parks and recreation areas and facilities;
6) Terminal and dock facilities and parking facilities; and
7) Such other services and facilities as may be provided for by general law.
PASSED AND ADOPTED by the City of Milton, Georgia, this _______ day of __________________,
2007.
CITY OF MILTON
By: ______________________________
Joe Lockwood, Mayor
ATTEST:
_____________________________
Jeanette R. Marchiafava, City Clerk
STATE OF GEORGIA
COUNTY OF FULTON
COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of ________,
200__, by and between CITY OF MILTON, a political subdivision of the State of
Georgia (hereinafter called the "City"), and the NORTH FULTON COMMUNITY
IMPROVEMENT DISTRICT Board (hereinafter called the "CID Board").
WHEREAS, by Resolution of the Fulton County Board of Commissioners on
August 20, 2003, by Resolution of the City of Alpharetta on September 8, 2003, and
by Resolution of the City of Roswell on October 6, 2003, the North Fulton
Community Improvement District (hereinafter called the "District) was created
pursuant to an Act of the Georgia Legislature, 1987 Ga. L. 5460, which originally
was located within unincorporated Fulton County and incorporated Alpharetta and
Roswell; and
WHEREAS, the City of Milton has been subsequently incorporated so that the
District is now located partially within the corporate limits of the City of Milton; and
WHEREAS, this Community Improvement District is intended to provide a
means to supplement and enhance, but not replace, government services and
facilities in the District; and
WHEREAS, the Local Act requires that the services and facilities furnished
within the CID pursuant to said Act shall be provided for in a cooperation agreement
executed jointly by the CID Board and the governing bodies within which the District
is located.
NOW, THEREFORE, in consideration of the mutual covenants and benefits
flowing to the parties, the City and the CID Board do agree as follows:
1.
This Agreement shall in no way limit the authority of the City to provide
services or facilities within the District. The City shall retain full and complete
authority and control over any of its facilities located within the District.
2.
The City shall not reduce its services and facilities in the District for the
purpose of replacing the City's cost with CID funds as the parties intend said funds
to be utilized to supplement and enhance what the City would otherwise provide had
no CID been created. This Agreement does not affect the authority of the City to
increase or decrease the level of any particular service provided in the course of its
operations and within the scope of those powers granted or conferred to it under any
applicable law.
3.
Each party acknowledges that the CID Board is authorized to exercise its
powers for the provision of the following services and facilities:
1) Street and road construction and maintenance, including curbs,
sidewalks, street lights, and devices to control the flow of traffic on
streets and roads;
2) Parks and recreation areas and facilities;
3) Stormwater and sewage collection and disposal systems;
4) Development, storage, treatment, purification and distribution of water;
5) Public Transportation, including, but not limited to, services intended to
reduce the volume of automobile traffic, to transport two or more
persons, to improve air quality, and to provide bicycle and pedestrian
facilities and the operation of a traffic management association or
similar entity;
6) Terminal and dock facilities and parking facilities; and
7) Such other services and facilities as may be provided for by general
law.
4.
The CID Board shall levy a tax millage as provided by law and shall notify the
Fulton County Tax Commissioner of the amount of the levy, in writing, so that the
levy may be included on the county ad valorem tax bills. The proceeds collected by
Fulton County shall be transmitted by Fulton County to the CID Board within thirty
(30) days after its collection so as to be expended by the CID Board only for the
purposes for which the District was created.
5.
Neither the District nor the CID Board shall have any power or authority to
contract in the name of, encumber or create debt for or on behalf of the City.
6.
The City and the CID shall advise each other of its respective plans for study,
design, improvement, and governmental services within the District.
7.
Each of the parties hereto shall endeavor to act in such manner so as to
coordinate actions for the maximum improvement of the City and District and each
shall endeavor not to duplicate services and actions so as to obtain efficiency of
effort.
8.
The parties agree that joint efforts are usually for the benefit of the CID and
the City. The City may endeavor to furnish staff support for the benefit of the District
when such services are requested by the CID Board.
9.
This Agreement shall have duration of not more than fifty (50) years, or expire
upon the dissolution of the CID as provided by law, whichever shall occur first, and
shall not be modified except by formal written action of both parties.
WHEREFORE, the parties have caused this Cooperation Agreement to be
executed under seal by authorized representatives of each entity on the day and
year above set forth.
NORTH FULTON COMMUNITY IMPROVEMENT DISTRICT
Attest:
________________________ By:__________________________
Secretary Chairman of the Board
CITY OF MILTON, GEORGIA
Attest:
________________________ By:_________________________
CIty Clerk Mayor