HomeMy WebLinkAboutPacket-11-01-2007CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Neal O’Brien
Tina D’Aversa
Rick Mohrig
Thursday, November 1, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION - Bishop Julian Hamstead, Church of Jesus Christ of Latter Day Saints
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-406)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1. A proclamation declaring November 2007 as Family Month.
(Presented by Joe Lockwood, Mayor)
7) CONSENT AGENDA
(Agenda Item No. 07-407)
1. Approval of the July 30, 2007 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-408)
2. Approval of the September 13, 2007 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
Page 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 1, 2007 - 7:00 PM
(Agenda Item No. 07-409)
3. Approval of the September 20, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-410)
4. Approval of the October 4, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-411)
5. Approval of the October 11, 2007 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
8) ZONING AGENDA (See First Presentation for 1st Readings)
9) FIRST PRESENTATION
Agenda Item No. 07-412)
1. U07-003 / VC07-007 -2540 Hopewell Road - To develop a 16,728 square-foot church
with 199 fixed seats. Also to request a 3 part concurrent variance to 1) Reduce the 75’
buffer and ten 10’ improvement setback to a 25’ buffer and ten 10’ improvement setback
along the south and west property lines (12.H.3.1.C.2). 2) To allow parking between the
building and the right of way (Article 12.H.3.5.F.3); 3) To increase the building setback
along the right of way (Article 12H.3.5.C.1).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-413)
2. RZ07-007 / VC07-005 - Southeast corner of Hwy 9 & Deerfield Pkwy - To rezone from
A (Medium Density Apartments) & C-1 (Community Business) to C-1 (Community
Business) to develop a 141,511 square feet of retail, commercial, service, office and
accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and
ice cream parlors which shall not be freestanding and a gas station. The applicant is also
requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east
property line from 100 feet to 25 feet and the 10-foot improvement setback; 2.) To
delete the 10’ landscape strip along the south property line. 3.) To allow a loading area
within the front yard.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-414)
3. U07-005 -13660 New Providence Road (The Mill Spring Academy) - The Grace
Church is requesting to use the existing Gym and Assembly Room and the “T” buildings
for up to 200 members and the River Lutheran Church to use the Great Room for up to
175 members.
(Presented by Tom Wilson, Community Development Director)
Page 2 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 1, 2007 - 7:00 PM
(Agenda Item No. 07-415)
4. RZ07-013 - Zoning Ordinance Article 12H.2, Northwest Overlay District - Demolition
Permit for both residential and non-residential buildings.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-416)
5. RZ07-014 - Zoning Ordinance Article 12A.3.8, Overlay District Authority, Amend
deadline for consideration of Certificate of Endorsement by the DRB
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-417)
6. RZ07-015 - Zoning Ordinance to delete the following Articles:
12B – Sandy Springs Overlay District
12B(1) – Perimeter Community Improvement District
12C – Cascade Corridor Overlay District
12D – Old National Highway Overlay District
12E – Northeast Fulton Overlay District
12F – Sandtown Overlay District
12J – Chattahoochee Hill Country Overlay District
12K – South Fulton Parkway Overlay District
12L – Cliftondale Overlay District
12M – Cedar Grove Overlay District
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-418)
7. ZM07-006 - 2865 Webb Road -To modify Condition 3.a. of Z06-051 to reduce the
required 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip
along the east and west property line for a distance of 150 feet north of the existing
building.
(Presented by Tom Wilson, Community Development Director)
10) UNFINISHED BUSINESS
(Agenda Item No. 07-404)
1. Approval of a Water Use Restriction Ordinance, Article 9 within Chapter 14 of the
City Code. (Second Reading)
(Presented by Tom Wilson, Community Development Director)
11) NEW BUSINESS
(Agenda Item No. 07-419)
1. Approval of a Resolution Amending Resolution No. 06-11-12 to change authorized
signers and City contact information for the Georgia Fund 1 state investment pool
account.
(Presented by Stacey Inglis, Finance Manager)
Page 3 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 1, 2007 - 7:00 PM
(Agenda Item No. 07-420)
2. Approval to Amend the City Council Meeting Schedule and Work Session Schedule
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
(Agenda Item No. 07-421)
14) EXECUTIVE SESSION
The purpose of the Executive Session is to discuss pending litigation.
(Presented by Mark Scott, City Attorney)
(Agenda Item No. 07-422)
15) ADJOURNMENT
Page 4 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
_______________________
Proclamation
WHEREAS: The City of Milton, Georgia recognizes the family as the fundamental unit
of society and an essential part of cultural, social and spiritual fabric that comprises our
communities; and
WHEREAS: Throughout Milton, Georgia’s history, families have been the foundation
of our society and a course of stability and love for every generation; and
WHEREAS: Strong families teach children to live moral lives and help us pass down
the values that define a caring society. Families provide children with the
encouragement, support and love they need to become confident, compassionate and
successful members of society; and
WHEREAS: Upholding the timeless values that have sustained our social order
throughout history will result in the enhancement of the health and security of Milton,
Georgia’s families; and
WHEREAS: Spending more family time together facilitates the development of
positive and open relationships between parents and children. These relationships help
parents encourage their children to make positive choices;
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby
dedicate and proclaim the month of October, 2007 as “FAMILY MONTH” in
Milton, Georgia and encourage all citizens of Milton to spend quality time with
family members to strengthen relationships between parents and children.
Given under my hand and the Seal of the City of Milton, Georgia on this 1st day of
November, 2007
Joe Lockwood
Mayor
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
4 r City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 25,2007
FROM: Interim City Manager
AGENDA ITEM:
UW403JVC07-007,2540 Hopewell Road -To develop a 16,728 square-foot
church with 199 fixed seats. Also to request a 3 part concurrent variance to 1)
Reduce the 75' buffer and ten 10' improvement setback to a 25"uffer md ten
h 0' improvement setback along the south and west property lines (12.H.3.1.C.2).
2) To allow parking between the building and the right of way (Article
12.H.3.5.F.3); 3) To increase the building setback along the right sf way (Article
12H.3.5.C.l).
MEETING DATE: Thursday, November 1,2007Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES NO
CITY ATTORNEY REVIEW REQUIRED: 0 YES NNO
APPROVAL BY on ATTORNEY 0 APPROVED 0 NOT APPROVED
PLACED ON AGENDA FOR: / / o r 00 7
REMARKS:
PETITION NUMBER:
U07-005
PROJECT NAME
Church at Mill Spring Academy
PROPERTY INFORMATION
ADDRESS 13660 New Providence Road
DISTRICT, LAND LOT 2/2 803, 854-856, 874-876
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural) Use Permit for a Private School
(U96-064)
ACRES 85.07
EXISTING USE Mill Spring Academy
PROPOSED USE Use Permit for a Church to use existing facilities
OWNER Mill Spring Academy
ADDRESS 13660 New Providence Road
PETITIONER/REPRESENTATIVE Robert Moore
ADDRESS 13660 New Providence Road
Milton, GA 30004
PHONE (770) 360-1336
INTENT
The Mill Spring Academy is requesting on behalf of The Grace Church to use the
existing Gym and Assembly Room and the “T” buildings for religious services for up to
200 members and the River Lutheran Church to use the Great Room for up to 175
members
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL
PLANNING COMMISSION RECOMMENDATION
APPROVAL CONDITIONAL
7-0
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 1 of 13
U07-005
LOCATION MAP
U07-005
10/25/2007
U07-005
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 2 of 13
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 3 of 13
U07-005
SITE PLAN – September 5, 2007
10/25/2007
U07-005
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 4 of 13
SUBJECT SITE – Entrance into school
SUBJECT SITE – Upper School & Pre Upper Middle (Under Construction)
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 5 of 13
U07-005
SUBJECT SITE – Gym & Assembly Building
SUBJECT SITE:
The subject site is an 85.07 acre tract of agriculturally zoned land, located on the
western side of New Providence Road. It is bordered to the north by the Little
River and Cherokee County. The subject site is developed with a private school
pursuant to U96-064 including a total of 70,185 square feet within 8 buildings of
which one is under construction. Portions of the site are within the 100-year
floodplain, although none of the developed areas are located in the floodplain.
The site is located within the Institutional Land Use designation on the Focus
Fulton 2025 Comprehensive Land Use Plan.
The site is surrounded by the Gates Mill subdivision located to the east; the
Chadwick Inert Landfill (Use Permit 01U-027) is located to the west. There are
scattered single family residences within the surrounding AG-1 (Agricultural)
district.
Staff notes that currently the Grace Church hosts a maximum of 80 people but
anticipates growing to 200 members in the next five years. The River Lutheran
Church hosts only 30 members currently but anticipates growing to 175
members in the next five years. A total of 375 members will be reflected in the
Recommended Conditions.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 6 of 13
U07-005
The school currently operates with an enrollment of 305 students. The following
buildings are located on the campus:
Gym and Assembly Building - 13,036 square feet
Upper School -27,000 square feet
T-Building 1 -3,441 square feet
T-Building 2 -3,441 square feet
T-Building 3 -3,341 square feet
T-Building 4 -3,447 square feet
T-Building 5 -4,279 square feet
Pre-Upper School Building - 13,363 square feet (Under Construction)
School is in session Monday-Friday from 8:00a.m.-4:00p.m. No school activities
occur on campus on Sundays.
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 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 church is expected
to be compatible with other land uses in the surrounding area.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 7 of 13
U07-005
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 since
the time of operation is on Sundays when the existing school is not using
the facility.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 1 parking
space per every 30 square feet per largest meeting area. The Grace
Church is meeting as an assembly in the “Assembly Room” which contains
2,088 square feet. A total of 70 spaces are required for this group.
The River Lutheran Church is meeting as an assembly in the “Great Room”
in the Upper School which is 2,913 square feet. A total of 97 spaces are
required for this group.
Both groups will be meeting at the same time on Sunday mornings and
therefore a total of 167 spaces are required. The site plan indicates a total
of 244 parking spaces on the site. Staff is of the opinion that there are
enough off-street parking spaces to facilitate the churches.
F. The amount and location of open space;
The applicant’s site plan indicates that the majority of the subject site is
undeveloped because of floodplain and stream buffers. Staff is of the
opinion that the proposed development will provide adequate open
space for the proposed development.
G. Protective screening;
The proposed church will be utilizing the existing private school buildings.
Required protective screening was developed under the original Use
Permit pursuant to U96-064.
H. Hours and manner of operation;
The applicant has stated in the letter of intent that the Grace Church will
meet on Sunday mornings between 9:30a.m.-12:30p.m. and for evening
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
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U07-005
service between 5:30 p.m.- 7:00 p.m. on Sundays. They will meet in both
the Gym and Assembly Building in the Assembly Room and the “T”
Building.
The River Lutheran Church will meet between 10:30 a.m. -12:30 p.m. in the
Great Room in the Upper School.
I. Outdoor lighting;
The applicant has not indicated that outdoor lighting will be needed
since the services will occur inside and not during the late evening.
J. Ingress and egress to the property.
The applicant’s site plan indicates one curb cut on New Providence
Road. Staff notes that the curb cut currently exists and that the applicant
is not requesting any additional curb cuts. Given the limited use of the
subject site, Staff is of the opinion that the proposed development will
have limited impact upon the community since the services will occur on
Sundays when the school in not in use.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on September 5, 2007, Staff offers the following considerations:
Since the site is already developed, Staff has included the conditions regarding
development from the Use Permit approved for the private school pursuant to
U96-064.
PUBLIC INVOLVEMENT
On September 26, 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.
Public Notice Requirements
The use permit petition was advertised in the Milton Herald on October 3, 2007
and the sign was installed before the required date of October 1st, 2007along
the frontage of New Providence Road. The notice of rezoning was sent, to
adjacent property owners, on October 3, 2007.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 9 of 13
U07-005
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 church 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 the church.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 10 of 13
U07-005
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a church (Article 19.4.10.) 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) Church and accessory uses for a total of 70,185 square feet.
b) Restrict the number of church members to 375
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Milton Community
Development Department on September 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. 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 owners agreement to the following site development
considerations:
a) No more than 1 exit/entrance on New Providence Road. Curb cut
location and alignment are subject to the approval of the City of
Milton Traffic Engineer.
4. To the owners agreement to abide by the following requirements,
dedication and improvements:
a) Dedicate at no cost to the City of Milton along the entire property
frontage, prior to the approval of a Land Disturbance Permit,
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 provide at least 10.5 feet of right-of-
way from the back of curb of all abutting road improvements, as
well as allow the necessary construction easements while the rights-
of-way are being improved:
Prepared by the Community Development Department for the
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U07-005
30 feet from the centerline of New Providence Road.
b) Improve New Providence Road along the entire property frontage
with curb and gutter per the City of Milton Standards or as may be
approved by the City of Milton Traffic Engineer.
c) Provide a deceleration lane for each project entrance or as may
be required by the City of Milton Traffic Engineer.
d) Provide a left turn lane for each project entrance or as may be
required by the City of Milton Traffic Engineer.
e) Provide traffic control at the project entrance on New Providence
Road at the time when 50 cars depart at one time from the
property.
5. To the owners agreement to abide by the following:
a) Prior to submitting the application for a LDP with the Department
Community Development, arrange to meet with the City of Milton
Traffic Engineer. A signed copy of the results of these meetings will
be required to be submitted along with the application for a Land
Disturbance Permit.
b. Prior to submitting the application for an LDP, arrange an on-site
evaluation of existing specimen trees/stands, buffers, and tree
protection zones within the property boundaries with the City of
Milton Arborist. A signed copy of the results of these meetings will
required to be submitted along with the application for an LDP.
c. To maintain as a minimum, the tree density requirements as
prescribed by the City of Milton Tree Preservation Ordinance
Administrative Guidelines, either through the retention of existing
trees, or tree replacement, in perpetuity.
d. At the time of submittal for a Land Disturbance Permit and after the
approval of the Preliminary Plat, the engineer/developer is required
to provide written documentation verifying on-site evaluation and
any other necessary downstream constraints.
e. Provide documentation (cross-section, profile, etc.) as to the
existing conditions for all natural streams/creeks within the boundary
of the project. Show, by documentation, the appropriate erosion
protection of the Stormwater conveyance system.
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U07-005
f. The developer/engineer is responsible to demonstrate to the
City by engineering analysis, that the developed land use
(proposed development). Stormwater runoff conditions are
controlled at the maximum pre-developed land use level, so that
downstream properties/conveyance systems are not impacted or
aggravates existing flooding/drainage nor creates new
drainage/flooding problems off-site.
g. Upon receiving zoning, rezoning or a special use approval from the
City and prior to submitting for a LDP, the developer/engineer shall
contact and submit to the Stormwater Engineer a Stormwater
concept plan. The Stormwater concept plan shall be a preliminary
drawing describing the proposed location of storage facilities,
discharge path of storage facilities, downstream and upstream
constraints and other matters with potential Stormwater
implementations. The Stormwater concept plan shall be submitted
to the City when the design engineer determines the preliminary
location, type of Stormwater facilities or at approximately 35%
completion.
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Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 13 of 13
U07-005
A
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 25,2007
FROM: Interim City Manager
AGENDA ITEM:
RU)7-007 I VC07-005 -Southeast corner of Hwy 9 & Deerfield Pkwy -To rezone from
A (Medium Density Apartments) & C-1 (Community Business) to 6-1 (Community
Business) to develop a 147,511 square feet of retail, commercial, service, office d
accessory uses including fast food restaurants limited to bageI, bakery, coffee houses and
ice cream parlors which shall not be hestanding and a gas station. The applicant is also
requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east
property line horn 100 feet to 25 feet and the 10-foot improvement setback; 2.) To
delete the 10' landscape strip along the south property line. 3.) To allow a loading area
within the front yard.
MEETING PATE: Thursday, November 1,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach addit~onalpages if necessay)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES &NO
CITY ATTORNEY REVSEW REQUIRED: 0 YES HNO
APPROVAL BY CITY ATTORNEY ()APPROVED (J NOTAPPROVED
PLACED ON AGENDA FOR: 11 OE Zoa?
REMARKS:
PETITION NUMBER(S)
RZ07-007
VC07-005
PROJECT NAME
Deerfield Place Phase 2
PROPERTY INFORMATION
ADDRESS Southeast Corner of SR 9 & Deerfield Parkway
DISTRICT, LAND LOT 2/2 975
OVERLAY DISTRICT State Route 9
EXISTING ZONING A (Medium Density Apartments) Z84-223 and C-1
(Community Business) Z84-224
PROPOSED ZONING C-1 (Community Business)
ACRES 16.3
EXISTING USE Undeveloped
PROPOSED USE Retail Shopping Center
OWNER W.B. Holdings – Windward LLC
ADDRESS 12600 Deerfield Parkway, Suite 150, Milton, GA 30004
PETITIONER/REPRESENTATIVE Sembler Alpharetta 1, LLC / Brian Snelling
ADDRESS 1450 South Johnson Ferry Road, Suite 100
Atlanta GA 30319
PHONE 404-847-1800
INTENT
To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-1
(Community Business) to develop 141,511 square feet of retail, commercial, service,
office and accessory uses including fast food restaurants limited to bagel, bakery,
coffee houses and ice cream parlors which shall not be freestanding and a gas
station at a density of 8,805.43 square feet per acre. The applicant is also
requesting a 3-part concurrent variance; 1.) To reduce the required buffer along
the east property line from 100 feet to 25 feet and the 10-foot improvement
setback; 2.) To delete the 10’ landscape strip along the south property line. 3.) To
allow a loading area within the front yard.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 1 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL – RZ07-007
DENIAL – VC07-005 Part 1
APPROVAL CONDITIONAL-VC07-005, PARTS 2 & 3
PLANNING COMMISSION RECOMMENDATION
APPROVAL CONDITIONAL – RZ07-007
TO EXCLUDE GAS STATIONS AND ASSOCIATED PUMPS
DENIAL –VC07-005, PARTS 1 & 3
APPROVAL – VC07-005 PART 2
6-1
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 2 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
LOCATION MAP
10/25/2007
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 3 of 36
CURRENT ZONING MAP
10/25/2007
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 4 of 36
SITE PLAN – June 5, 2007
10/25/2007
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 5 of 36
Subject Site
(Looking south from Deerfield Pkwy)
Subject Site
(Looking at the southeast corner of SR 9 and Deerfield Pkwy)
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 6 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
SUBJECT SITE:
A 16.3 acre site currently zoned A (Medium Density Apartments) pursuant to Z84-
224 approved for 12 units per acre and C-1 (Community Business) pursuant to
Z84-223 approved for 8,000 square feet per acre within a single structure
(116,720 square feet). The site is currently vacant and the existing trees (non-
specimen size) were harvested and the property graded under an approved
Land Disturbance Permit (LDP) issued by Fulton County for Deerfield Place Phase
1. Along the southern portion, a temporary earthen detention pond is being
constructed to manage Phase 1of Deerfield Place immediately to the south.
This rezoning request along with the applicant’s site (Phase 1) located to the
south exceeded the Atlanta Regional Commission’s threshold of 300,000 square
feet for retail uses. A Development of Regional Impact (DRI) review was
submitted to the Georgia Regional Area Transportation Authority (GRTA). The
result of this review has been attached to the Staff report. The findings by the
ARC were that the project was in the best interest of the region and therefore
the state.
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 retail development is suitable based on the existing C-1
(Community Business) to the south pursuant to Z03-185 approved at
9,552.93 square feet per acre, currently under development.
B. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
The proposed development will not adversely affect the existing uses
nearby or adjacent uses if developed with the recommended conditions.
C. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The property may not have a reasonable economic use as currently
zoned because of the square footage required to be within one building.
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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 an increased burden
on the streets and transportation facilities and utilities but should be
mitigated with the Recommended Conditions.
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 partially consistent with
the policies and intent of the Focus Fulton 2025 Comprehensive Land Use
Plan. The subject property is located along the east side of State Route 9,
south of Deerfield Parkway which the Comprehensive Plan discusses as
being appropriate for Neighborhood Living-Working. While the Plan calls
for a mix of commercial, office and residential uses, the proposal for the
site is not of a mixed nature. It is the opinion of the Staff that the proposed
use and its proximity to residences and office uses lend to the desired
living working composition of the area and complies with the policies of
the Comprehensive Plan.
Focus Fulton 2025 Land Use Plan Map: Neighborhood Living-Working
Proposed use/density:
Retail-Commercial/8, 805.43 square feet per acre
The Focus Fulton 2025 Land Use Plan Map suggests Neighborhood Living-
Working for the surrounding properties and along the Hwy 9 Corridor north
of Webb Road.
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:
• Developments in the Live Work land use and all mixed use
developments should provide inter-parcel access within and
between land uses to improve transportation circulation and
increase pedestrian safety.
• Commercial/Office Density up to 10,000 square feet per acre.
• The transportation system should incorporate automobile, transit
when available, bicycle, pedestrian facilities.
• The uses within the live work areas should be in proximity to each
other in order to encourage walking and to increase mobility.
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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 commercial on the subject site and to the south and
adopted land use policies support this request for Commercial to develop
retail commercial, office and accessory uses.
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 some impact on the
environment and natural resources but the recommended conditions will
help mitigate the impact.
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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 (Agricultural) Undeveloped
Northeast 2
Z84-225
TR (Townhouse Residential)
Avensong Subdivision
6.16 units/acre
East 4
Z84-224
A (Medium Density
Apartments) Camden at
Deerfield Apartments
12 units/ acre
Southeast 3
Z84-224
A (Medium Density
Apartments) Villages of
Devonshire Condominiums
12 units/acre
South 5
Z03-185
C-1 (Community Business)
Deerfield Place Phase 1
9,552.93 sq. ft./
acre
Southeast 6
Z84-252
C-1 (Community Business)
Georgia Power Substation
9,200 sq.ft./acre
2 stories
Further
South
7
Z73-01
C-1 (Community Business)
Fry’s Electronics
None indicated
Southwest 8
Z03-081
MIX (Mixed Use)
Undeveloped
2,228.13 q.ft./acre
for retail 1,662.79
sq.ft./acre for
office
Southwest 9
Z00-151
MIX (Mixed Use)
The Park at Windward Village
712.48 sq.ft./acre
for retail 976.79
sq.ft./acre for
office
2.10 u/acre for
townhomes
West 10
Z06-023
TR (Townhouse Residential)
Centennial Village S/D
5.65 units/acre
1,200 sq.ft.
West 11
Z01-001
TR (Townhouse Residential)
The Regency at Windward
5.78 units/acre
1,540 sq.ft
Northwest 12
Z04-041
TR (Townhouse Residential)
Haywood Commons
6.53 units/acre
1,500 sq.ft.
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EXISTING USES MAP
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H. Suitability of the subject property under the existing zoning district for the
proposed use?
The existing zoning for C-1 (Community Business) is partly suitable but
would not produce the best use as it is conditioned to 116,720 square feet
square feet within one building.
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 retail commercial,
service, office and accessory uses including fast food restaurants limited
to bagel, bakery, coffee houses and ice cream parlors which shall not be
freestanding and also a gas station at the northwest corner of the
property at the intersection of Hwy 9 and Deerfield Parkway as proposed.
J. The possible creation of an isolated zoning district unrelated to adjacent
and nearby districts.
The proposed rezoning to C-1 (Community Business) would not create an
isolated district. There are C-1 (Community Business) zonings in the
immediate vicinity to the south and southwest of the proposed site and
the development is located along the commercialized State Route 9
corridor.
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 will not have a negative
impact on the character of the State Route 9 Overlay District. The
proposed rezoning request and the related development south of the
subject site will give continuity of the architectural theme along the east
side of Hwy 9.
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 not be a
deterrent to the value of adjacent properties developed or anticipated to
be developed under existing regulations.
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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 increased amount of impervious surface but
should be mitigated by the recommended conditions.
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 partially consistent with the overall
Focus Fulton 2025 Comprehensive Land Use Plan which recommends
Neighborhood Live/Work for the subject site. There are residential uses
adjacent to the site located to the northeast, east and west.
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 applicant will be constructing a fence interior to the requested 25-foot
undisturbed buffer along the east property line. This has been requested
by the adjacent apartment and condominium developments. Along a
portion of the east property line, where the detention pond is located, a
20-foot landscape strip will be required which will further assist in
preserving the residential area.
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 is an undeveloped, AG-1 (Agricultural) zoned, 9 acre parcel on the
north east corner of SR 9 and Deerfield Parkway under the Neighborhood
Live/Work land use designation. In addition, to the south west of the site, a
small parcel is undeveloped, zoned AG-1 (Agricultural) and designated as
Neighborhood Live/Work.
In summary, the proposed zoning is consistent with the policies of the
Focus Fulton 2025 Land Use Plan, the existing C-1 (Community Business)
district on the subject site, recently approved C-1 (Community Business)
district and the Atlanta Regional Commission (ARC) in a letter dated
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August 30, 2007 found this project to be in the best interest of the Region,
and therefore the State. Therefore, Staff recommends this petition,
RZ07-007 be APPROVED CONDITIONAL subject to the attached
Recommended Conditions.
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:
State Route 9 Overlay District
BUILDING SETBACKS
The site plan indicates compliance with the following zoning district minimum
building setbacks pursuant Article 9.1.3:
Front Yard adjacent to Deerfield Parkway:
Side Corner Yard adjacent to SR 9:
Side Yard (east property line):
Rear Yard (south property line)
40 feet
40 feet
See Buffer Requirements
See Landscape Requirements
BUILDING HEIGHT
The applicant has not indicated a maximum height or number of stories for the
development. The Zoning Ordinance permits up to 4 stories or a maximum
height of 60 feet.
LANDSCAPE STRIPS AND BUFFERS
Article 4.4.3E.1.b requires a 100-foot undisturbed buffer and 10-foot
improvement setback under the “Large Scale Retail/Service Commercial
Structures and Developments 75,000 square feet or Greater” ordinance
(Adopted 5/4/06) adjacent to residential uses. The applicant is requesting a
concurrent variance to reduce the buffer to 25 feet and a 10-foot improvement
setback along the east property line. Staff is of the opinion that the required
buffer should remain at 100 feet and a 10-foot improvement setback to
separate the existing residential development to the east. Based on the fact
that the applicant has not demonstrated a hardship that is not self imposed,
Staff recommends DENIAL of Part 1 of VC07-005.
Article 12G.4 Section A.1 of the State Route 9 Overlay District requires a twenty
(20) foot-wide landscape strip along State Route 9 and Deerfield Parkway.
Article 12G.4 Section A.3 further states that for every thirty (30) linear feet of
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landscape strip, a minimum of one 3” caliper hardwood shade tree is required
to be planted in the center of the landscape strip or as approved by the
Director. The applicant’s site plan shows compliance with the requirement.
The applicant is also requesting the deletion of the required 10-foot landscape
strip along the south property line (Article 12G.4.8.2) in order for the
development to the south and the subject site to be developed as one. This
would provide for both vehicular and pedestrian inter parcel access. It is Staff’s
opinion that by granting this variance, the overall development would be more
cohesive and meet the intent of the Comprehensive Plan for encouraging
“inter-parcel access within and between land uses to improve transportation
circulation and increase pedestrian safety.” Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 2 of VC07-005
Although Article 4.4.3.E.1.d. requires a 15-foot landscape strip along the south
property line which is greater than the State Route 9 Overlay District of 10 feet,
the standards of the Overlay District shall prevail.
Existing 25-foot buffer and 10-foot improvement setback along the east 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:
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Type of Use spaces /
1000 sf
Approx.
Project sf
Spaces
Required
Spaces
Provided
Retail 5 122,960 615 597
Restaurant 10 5,500 55 55
Totals 128,460 670 652
Staff notes that the applicant is providing 652 parking spaces, which are six (6)
short (2.7%) of the parking spaces required per Article 18 of the City of Milton
Zoning Ordinance. An administrative variance may be requested by the
applicant to reduce the number of spaces up to ten percent (10%). Staff
encourages the least amount of parking possible and is requesting that parking
along the east property line be constructed of pervious materials. It appears
that the site plan is in compliance with the landscape and layout requirements
of Article 12G.4. Section F.
OTHER CONSIDERATIONS
The applicant has requested a concurrent variance to allow a loading area
within the front yard (Article 12G.4.F.6.). The site plan indicates that the largest
building located on the northern portion of the site has a loading area facing
Deerfield Parkway. Deerfield Parkway is technically considered the “front” yard.
Based on the development’s linear shape, another building fronting the loading
area adjacent to Deerfield Parkway and the applicant providing a wall to
screen the area, Staff recommends APPROVAL CONDITIONAL of Part 3 of VC07-
005.
Staff notes that prior to issuance of a Land Disturbance Permit and any Building
Permits, the City of Milton Design Review Board will be required to review the
plans.
The applicant indicates two out-parcels on the site plan. The 1.14 acre out-
parcel fronting SR 9 meet the development standards required by Article 4.13
except for D., which requires that internal entrance drives shall be located at
least 100 feet from any publicly dedicated right of way. It appears that the
design can be reconfigured to meet this standard. The 1.45 acre out-parcel that
is currently designed for a gas station at the northeast corner of SR 9 and
Deerfield Parkway meets the development standards required by Article 4.13.
These two (2) out-parcels will be reflected in the Recommended Conditions.
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PUBLIC INVOLVEMENT
On September 26, 2007 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. No one attended this meeting.
Public Comments – At the time this report was published, Staff had spoken to
approximately 3 to 4 people who reside in nearby subdivisions that voiced
concern about the increased traffic along Deerfield Parkway and SR 9.
There were several people present at the Planning Commission Meeting on
October 23, 2007 who were in opposition to the gas station portion of the
development and the reduction of the 100-foot buffer and allowing the loading
dock in the front yard. A petition was presented to the Planning Commission
signed by nearby residents voicing their opposition to the above listed items.
The applicant will be meeting with the Avensong subdivision prior to the City
Council Meeting to further discuss the development and their concerns
regarding traffic and other issues.
City of Milton Design Review Board Meeting – October 2, 2007
The following comments were made by the DRB:
• The proposed Kohl’s building is too big for the site.
• Don’t try to maximize space at the expense of the Hwy 9 residents.
• Consider turning building.
• Consider adding an L shaped structure to screen truck docks.
• Note that Hwy 9 Overlay requires building materials to continue around
corner.
Public Notice Requirements
The rezoning petition was advertised in the Milton Herald on October 3, 2007
and the sign was installed before the required date of October 3, 2007 along
the frontages of SR 9 and Deerfield Parkway. The notice of rezoning was mailed
to adjacent property owners on October 1, 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.
The applicant and its legal representative met with Staff on October 23, 2007 to
discuss Staff’s recommendation and specific conditions. Some conditions were
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revised based on this meeting that was presented at the Planning Commission
meeting. They are also reflected in this report.
CONCLUSION
The proposed C-1 (Community Business) development is consistent with the
policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan and
consistent with recent Board Policy, therefore, Staff recommends that this
request to rezone to C-1 (Community Business) be APPROVED CONDITIONAL.
Further, Staff recommends DENIAL of Part 1 of VC07-005 and APPROVAL
CONDITIONAL of PARTS 2 and 3 of VC07-005. 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
including fast food restaurants limited to bagel, bakery, coffee
houses and ice cream parlors which shall not be freestanding,
including all exterior food and beverage service areas, at a
maximum density of 8,805.43 gross square feet per acre zoned or a
total of 141,511 square feet, whichever is less, but excluding gas
stations and associated gas pumps, freestanding fast food
restaurants, commercial amusements (cinemas not included), liquor
package stores, motels, hotels, adult entertainment establishments,
check cashing stores, pawn shops, coin operated laundries, video
arcades, pool halls, massage parlors, nail salons, beauty salons,
barber shops, flea markets, discount retail shops, roadside vending,
roadside produce stands or seasonal vending.
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
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) To allow two (2) out-parcels as shown on the site plan.
3) To the owner’s agreement to the following site development
considerations:
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a. To meet and not exceed parking requirements when calculated
using Article 18. To utilize pervious materials for the entire row of
parking spaces along the eastern boundary of the property as
shown on the site plan submitted June 5, 2007.
b. To provide at least one pedestrian entrance for each side of a
building that directly abuts a public street. For non-residential, all
ground level uses shall have a pedestrian entrance located at least
every 300 feet or as approved by the Transportation Engineer.
c. To provide a sidewalk along the eastern boundary of the property,
outside the required 10-foot improvement setback and any
required landscape strips from the sidewalk on Deerfield Parkway to
the detention pond.
d. To provide three vehicular inter-parcel access points on the
southern portion of the property.
e. Gas station underground tanks shall be located at the furthest
possible location from both Deerfield Pkwy and Cumming Hwy
(SR9).
f. The developer shall provide one (1) bicycle space or slot per every
100 parking spaces.
g. All building entrances shall have a direct connection to the
sidewalk network.
h. Provide an eight (8) foot high chain link vinyl coated fence along
the east property line adjacent to the multi-family developments
except along the east property line from Deerfield Parkway for a
distance of 200 feet, per the State Route 9 Overlay District
Standards Article 12G.4.B.10 and 12G.4.B.11. This fence may be
erected on the adjacent property, if needed, outside of the
required buffer.
i. Delete the required 10-foot landscape strip along the south
property line (VC07-005, Part 2)
j. To allow a loading area within the front yard (Deerfield Parkway)
(VC07-005, Part 3)
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4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a. 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 by the City
of Milton Traffic Engineer and the Georgia Department of
Transportation 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 construction of a four foot, on-street bicycle lane
across the frontage of Cumming Hwy (SR9). Provide a six foot
asphalt trail immediately adjacent to and along the property
line.
iii. Dedicate a minimum of 55 feet of right-of-way
from the center of Cumming Hwy (SR9).
iv. Provide adequate right-of-way dedication for addition of the
following elements on the SR 9 and Deerfield Parkway
intersection:
a. SB Left Turn Lane on Cumming Hwy (SR9)
b. NB Right Turn Lane on Cumming Hwy (SR9)
c. WB Left Turn Lane on Deerfield Pkwy
v. Installation of a new decorative mast arm traffic signal at the
corner of Deerfield Pkwy and Cumming Hwy (SR9) prior to a
C.O. as approved by the Transportation Engineer.
.
vi. Installation of the following transportation infrastructure:
a) Addition of SB Left Turn Lane on Cumming Hwy (SR9)
at Deerfield Parkway.
b) Addition of NB Right Turn Lane on Cumming Hwy
(SR9) at Deerfield Parkway.
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c) Addition of WB Left Turn Lane on Deerfield Pkwy at
SR 9.
d) Addition of WB Left-Turn Lane on Deerfield Pkwy at
new access drive.
e) Addition of EB decel Lane on Deerfield Pkwy at new
access drive.
f) Add auxiliary lane along the entire property
frontage on SR 9, with necessary striping.
g) Add left-turn lane at new access point on SR 9.
vii. Provide design and installation of all other GRTA Notice of
Decision recommendations per Appendix A and B.
b. All throat lengths of driveways on SR 9 shall be at least 200 feet and
provide one inbound and two outbound lanes.
c. The throat length of the driveway on Deerfield Parkway shall be at
least the 95th percentile queue for length or 100 feet, whichever is
greater, with one inbound lane and two outbound lanes.
d. One full access driveway on SR 9 and one full access driveway on
Deerfield Parkway.
e. The Developer/owner shall provide bus shelters on Deerfield
Parkway, as approved by Public Works Department in coordination
with MARTA or the Transit Planning Board. Any proposed designs
shall be reviewed by the City of Milton Design Review Board.
5. To the owner’s agreement to abide by the following:
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 at each point of discharge from the
property. In addition, the engineer shall study the impact of the
project on downstream properties and drainage systems. The
water quality and detention facilities shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
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acceptable design standards of the Department of Community
Development.
b. The Developer shall utilize GASWCC limited application controls
such as infiltration trenches, porous surfaces, filter strips where
possible, etc. All uncovered detention and water quality facilities
shall have vegetated surfaces to be regularly maintained by the
owner.
c. Where fencing is required, it shall be equestrian style wood rail
fencing with non-climbable wire mesh. (detention facilities)
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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 have provided 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.
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 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.
Since this proposed development includes a food service facility, the owner must submit kitchen
plans for review and approval by this department before issuance of a building permit and
beginning construction. The owner must obtain a food service permit prior to opening.
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.
If this proposed development includes an existing individual onsite water supply system(s), and
the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County
regulations.
Fulton County Schools
Staff notes that the proposed rezoning will have no impact on the surrounding school system.
Water and Wastewater (Sewer):
In reviewing the above referenced zoning application, the Water Services Department of Fulton
County has no objections to the proposed development. Gravity sewer is currently accessible to
the site that is requesting zoning.
City of Milton Fire Marshal:
Fire could be affected by a heavy traffic volume that would increase, the response time to this
area. Potentially, water consumption would also increase, thus putting more strain on our water
distribution system. Due to the increase of vehicular and pedestrian traffic, call volume would
also increase. Access around the buildings appears to be adequate at this time.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 24 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
City of Milton Police Department:
Possible increase in traffic congestion and vehicle crashes.
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Appendix B
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 26 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 27 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 28 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 29 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 30 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 31 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
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10/25/2007 Page 33 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
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10/25/2007 Page 34 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
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10/25/2007 Page 35 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
AC Cdy of Milton
13000 aeerfield Pahay, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: October 25,2007
FROM: Interim City Manager
AGENDA ITEM:
U07-005 -13660 New Providence Road (The Mill Spring Academy) -The Grace
Church is requesting to use the existing Gym and Assembly Room and the "T"buildings
for up to 200 members and the River Lutheran Church to use the Great Room for up to
175 members.
MEETING PATE: Thursday, November 1,2007Regular Meeting
BACKGROUND lNFORMA TION: (Attach add~tionalpages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: X"ppRovED ($NOT APPROVED
CITYATTORNEY APPROVAL REQUIRED: ()YES fl~o
ClTY A TTORNEY REVIEW REQUIRED: (JYES NNO
APPROVAL BY CITY ATTORNEY 1)APPROVED () NOTAPPROVED
PETITION NUMBER:
U07-005
PROJECT NAME
Church at Mill Spring Academy
PROPERTY INFORMATION
ADDRESS 13660 New Providence Road
DISTRICT, LAND LOT 2/2 803, 854-856, 874-876
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural) Use Permit for a Private School
(U96-064)
ACRES 85.07
EXISTING USE Mill Spring Academy
PROPOSED USE Use Permit for a Church to use existing facilities
OWNER Mill Spring Academy
ADDRESS 13660 New Providence Road
PETITIONER/REPRESENTATIVE Robert Moore
ADDRESS 13660 New Providence Road
Milton, GA 30004
PHONE (770) 360-1336
INTENT
The Mill Spring Academy is requesting on behalf of The Grace Church to use the
existing Gym and Assembly Room and the “T” buildings for religious services for up to
200 members and the River Lutheran Church to use the Great Room for up to 175
members
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL
PLANNING COMMISSION RECOMMENDATION
APPROVAL CONDITIONAL
7-0
Prepared by the Community Development Department for the
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U07-005
LOCATION MAP
U07-005
10/25/2007
U07-005
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 2 of 13
CURRENT ZONING MAP
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U07-005
SITE PLAN – September 5, 2007
10/25/2007
U07-005
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 4 of 13
SUBJECT SITE – Entrance into school
SUBJECT SITE – Upper School & Pre Upper Middle (Under Construction)
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U07-005
SUBJECT SITE – Gym & Assembly Building
SUBJECT SITE:
The subject site is an 85.07 acre tract of agriculturally zoned land, located on the
western side of New Providence Road. It is bordered to the north by the Little
River and Cherokee County. The subject site is developed with a private school
pursuant to U96-064 including a total of 70,185 square feet within 8 buildings of
which one is under construction. Portions of the site are within the 100-year
floodplain, although none of the developed areas are located in the floodplain.
The site is located within the Institutional Land Use designation on the Focus
Fulton 2025 Comprehensive Land Use Plan.
The site is surrounded by the Gates Mill subdivision located to the east; the
Chadwick Inert Landfill (Use Permit 01U-027) is located to the west. There are
scattered single family residences within the surrounding AG-1 (Agricultural)
district.
Staff notes that currently the Grace Church hosts a maximum of 80 people but
anticipates growing to 200 members in the next five years. The River Lutheran
Church hosts only 30 members currently but anticipates growing to 175
members in the next five years. A total of 375 members will be reflected in the
Recommended Conditions.
Prepared by the Community Development Department for the
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10/25/2007 Page 6 of 13
U07-005
The school currently operates with an enrollment of 305 students. The following
buildings are located on the campus:
Gym and Assembly Building - 13,036 square feet
Upper School -27,000 square feet
T-Building 1 -3,441 square feet
T-Building 2 -3,441 square feet
T-Building 3 -3,341 square feet
T-Building 4 -3,447 square feet
T-Building 5 -4,279 square feet
Pre-Upper School Building - 13,363 square feet (Under Construction)
School is in session Monday-Friday from 8:00a.m.-4:00p.m. No school activities
occur on campus on Sundays.
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 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 church is expected
to be compatible with other land uses in the surrounding area.
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U07-005
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 since
the time of operation is on Sundays when the existing school is not using
the facility.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 1 parking
space per every 30 square feet per largest meeting area. The Grace
Church is meeting as an assembly in the “Assembly Room” which contains
2,088 square feet. A total of 70 spaces are required for this group.
The River Lutheran Church is meeting as an assembly in the “Great Room”
in the Upper School which is 2,913 square feet. A total of 97 spaces are
required for this group.
Both groups will be meeting at the same time on Sunday mornings and
therefore a total of 167 spaces are required. The site plan indicates a total
of 244 parking spaces on the site. Staff is of the opinion that there are
enough off-street parking spaces to facilitate the churches.
F. The amount and location of open space;
The applicant’s site plan indicates that the majority of the subject site is
undeveloped because of floodplain and stream buffers. Staff is of the
opinion that the proposed development will provide adequate open
space for the proposed development.
G. Protective screening;
The proposed church will be utilizing the existing private school buildings.
Required protective screening was developed under the original Use
Permit pursuant to U96-064.
H. Hours and manner of operation;
The applicant has stated in the letter of intent that the Grace Church will
meet on Sunday mornings between 9:30a.m.-12:30p.m. and for evening
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U07-005
service between 5:30 p.m.- 7:00 p.m. on Sundays. They will meet in both
the Gym and Assembly Building in the Assembly Room and the “T”
Building.
The River Lutheran Church will meet between 10:30 a.m. -12:30 p.m. in the
Great Room in the Upper School.
I. Outdoor lighting;
The applicant has not indicated that outdoor lighting will be needed
since the services will occur inside and not during the late evening.
J. Ingress and egress to the property.
The applicant’s site plan indicates one curb cut on New Providence
Road. Staff notes that the curb cut currently exists and that the applicant
is not requesting any additional curb cuts. Given the limited use of the
subject site, Staff is of the opinion that the proposed development will
have limited impact upon the community since the services will occur on
Sundays when the school in not in use.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on September 5, 2007, Staff offers the following considerations:
Since the site is already developed, Staff has included the conditions regarding
development from the Use Permit approved for the private school pursuant to
U96-064.
PUBLIC INVOLVEMENT
On September 26, 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.
Public Notice Requirements
The use permit petition was advertised in the Milton Herald on October 3, 2007
and the sign was installed before the required date of October 1st, 2007along
the frontage of New Providence Road. The notice of rezoning was sent, to
adjacent property owners, on October 3, 2007.
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U07-005
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 church 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 the church.
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Mayor & City Council Meeting on November 15, 2007
10/25/2007 Page 10 of 13
U07-005
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a church (Article 19.4.10.) 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) Church and accessory uses for a total of 70,185 square feet.
b) Restrict the number of church members to 375
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Milton Community
Development Department on September 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. 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 owners agreement to the following site development
considerations:
a) No more than 1 exit/entrance on New Providence Road. Curb cut
location and alignment are subject to the approval of the City of
Milton Traffic Engineer.
4. To the owners agreement to abide by the following requirements,
dedication and improvements:
a) Dedicate at no cost to the City of Milton along the entire property
frontage, prior to the approval of a Land Disturbance Permit,
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 provide at least 10.5 feet of right-of-
way from the back of curb of all abutting road improvements, as
well as allow the necessary construction easements while the rights-
of-way are being improved:
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U07-005
30 feet from the centerline of New Providence Road.
b) Improve New Providence Road along the entire property frontage
with curb and gutter per the City of Milton Standards or as may be
approved by the City of Milton Traffic Engineer.
c) Provide a deceleration lane for each project entrance or as may
be required by the City of Milton Traffic Engineer.
d) Provide a left turn lane for each project entrance or as may be
required by the City of Milton Traffic Engineer.
e) Provide traffic control at the project entrance on New Providence
Road at the time when 50 cars depart at one time from the
property.
5. To the owners agreement to abide by the following:
a) Prior to submitting the application for a LDP with the Department
Community Development, arrange to meet with the City of Milton
Traffic Engineer. A signed copy of the results of these meetings will
be required to be submitted along with the application for a Land
Disturbance Permit.
b. Prior to submitting the application for an LDP, arrange an on-site
evaluation of existing specimen trees/stands, buffers, and tree
protection zones within the property boundaries with the City of
Milton Arborist. A signed copy of the results of these meetings will
required to be submitted along with the application for an LDP.
c. To maintain as a minimum, the tree density requirements as
prescribed by the City of Milton Tree Preservation Ordinance
Administrative Guidelines, either through the retention of existing
trees, or tree replacement, in perpetuity.
d. At the time of submittal for a Land Disturbance Permit and after the
approval of the Preliminary Plat, the engineer/developer is required
to provide written documentation verifying on-site evaluation and
any other necessary downstream constraints.
e. Provide documentation (cross-section, profile, etc.) as to the
existing conditions for all natural streams/creeks within the boundary
of the project. Show, by documentation, the appropriate erosion
protection of the Stormwater conveyance system.
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U07-005
f. The developer/engineer is responsible to demonstrate to the
City by engineering analysis, that the developed land use
(proposed development). Stormwater runoff conditions are
controlled at the maximum pre-developed land use level, so that
downstream properties/conveyance systems are not impacted or
aggravates existing flooding/drainage nor creates new
drainage/flooding problems off-site.
g. Upon receiving zoning, rezoning or a special use approval from the
City and prior to submitting for a LDP, the developer/engineer shall
contact and submit to the Stormwater Engineer a Stormwater
concept plan. The Stormwater concept plan shall be a preliminary
drawing describing the proposed location of storage facilities,
discharge path of storage facilities, downstream and upstream
constraints and other matters with potential Stormwater
implementations. The Stormwater concept plan shall be submitted
to the City when the design engineer determines the preliminary
location, type of Stormwater facilities or at approximately 35%
completion.
Prepared by the Community Development Department for the
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10/25/2007 Page 13 of 13
U07-005
<CJ)
Ar City of Milton
13000 Deerfield Parkway,Suite 107, Milton, Oeagia 30W4
ClTY COWNClL AGENDA ITEM
TO: City Council DATE: October 25,2007
FROM: interim City Manager
AGENDA ITEM:
RZ07-013 -Zoning Ordinance Article 12H.2, Northwest Overlay District -Demolition
Permit for both residential and non-residential buildings.
MEETING DATE: Thursday, November 1,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach addifionai pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () NOT APPROVED
ClWA77ORNEY APPROVAL REQUIRED: () YES )(NO
CITY AJTORNEY REVIEW REQUIRED: ()YES @
APPROVAL BY CITY ATlORNEY 1)APPROVED (3 NOTAPPROVEo
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO AMEND ARTICLE 12H.2, NORTHWEST OVERLAY DISTRICT, OF
THE CITY OF MILTON ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on November ____ 2007 at 7:00 p.m. as follows:
SECTION 1.That the Ordinance relates to Amending Article 12H.2, Northwest Overlay
District of the City of Milton Zoning Ordinance is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2.All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3.That this Ordinance shall become effective upon its adoption.
ORDAINED this the ___ day of November, 2007
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED APRIL 19, 2007
ARTICLE XII-H
Northwest Fulton Overlay District
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF MILTON,
GEORGIA, TO ESTABLISH THE NORTHWEST FULTON OVERLAY DISTRICT, TO
DELINEATE THE NORTHWEST FULTON OVERLAY DISTRICT , TO PROVIDE
DEVELOPMENT AND DESIGN STANDARDS, AND FOR OTHER PURPOSES.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, GEORGIA.
12H.1. PURPOSE AND INTENT.The Northwest Fulton Overlay District
applies to all properties within the boundaries of the City of Milton as
described in the attached map.
The Mayor and City Council of Milton, Georgia finds that historic rural areas
and their scenic surroundings are important cultural, recreation and economic
assets critical to the public’s long term interest and hereby declares it to be the
purpose of this article to recognize and to establish a procedure to protect and
plan for the county’s crossroads communities. The intent of this article is: (1)
To develop guidelines for the preservation and perpetuation of rural commercial
crossroads communities based on the description and analysis of their setting;
(2) To preserve the integrity of the area, which developed during the late 19th
century and early 20th century, through architectural design interpretation and
application;
(3)To preserve and protect the rural, agrarian and equestrian character of
crossroads communities and their surrounding areas; (4) To preserve and to
ensure the harmony and compatibility of the character of the area including its
physical appearance, natural setting and informal landscaping; (5) To be aware
and respectful of the environment’s natural resources and visual qualities; (6)
To preserve open space; (7) To preserve, encourage and promote, through the
built environment, the sense of place, the sense of ownership, the sense of
identity, the sense of evolution and the sense of community present in the area;
(8) To ensure existing design characteristics of the crossroads serve as a
standard against which plans for new construction will be judged for harmony
compatibility and appropriateness; (9) To encourage and ensure that
development that is contemporary in design and materials compliments and is
compatible and sensitive with the existing character of the area through its
proportion, scale, design, style, placement, position and architectural qualities;
(10) To develop a commercial setting that has individuality and is unique and
does not imitate building types or styles unrelated to these crossroads
communities; (11) To provide for the construction of buildings and spaces that
are human in scale, welcoming and approachable; (12) To encourage
containment of existing commercial areas, to provide for transition between
Page 1 of 23
RZ07-013 Text Amendment
Recommended Changes by the PC – 10/23/07 in Yellow Highlight
commercial areas and residential areas and discourage encroachment of the
commercial areas into the residential areas and (13) To promote sustainable
development.
This Article is adopted as part of a strategy designed for the purpose, among
others, of preserving and protecting these areas and enhancing their important
aesthetic appearance through regulatory measures, while advancing community
development goals, promoting economic development and substantially
protecting and promoting health, safety, order, prosperity and general welfare of
the citizens of Milton.
Included within the scope are regulations governing the location of buildings on
the site, the design and materials of building(s) and other structure(s),
landscaping and screening provisions, signs, pedestrian circulation and other
items. Whenever provisions in this Article conflict with any other Articles in
this Ordinance, or other City of Milton ordinances, or regulations, the
provisions of this article shall prevail.
12H.2. DESIGN REVIEW BOARD . The City of Milton Design Review Board Deleted: Overlay District
(DRB ) shall consist of a seven-member board of residents, land owners,
business owners, professional architects and/or land planners, who either
maintain primary residences and/or businesses or own land in the City of
Milton.
Members of the City of Milton Design Review Board shall be nominated by the Deleted: Overlay District
Mayor and District Councilperson and approved by the Milton City Council.
Members shall serve concurrently with the Mayor and Council’s terms.
Members of the City of Milton Design Review Board will elect a Chairman and Deleted: Overlay District
a Vice-Chairman. Meetings will be conducted in accordance with Robert’s
Rules of Order.
The City of Milton Design Review Board shall review all plans for development Deleted: Overlay District
in the City of Milton (except for single-family residential land uses and/or
dwelling units) for compliance with the standards herein and shall make
recommendations to the Department of Community Development prior to the
approval of a Building Permit, and for both residential and non-residential
structures for a Primary Variance, Land Disturbance Permit, and Demolition
Permit.
Formatted: Highlight
Deleted: Land Disturbance Permit,
Building Permit, Demolition Permit
12H.3. DEVELOPMENT STANDARDS. This section establishes standards for
elements of the overall site and of the buildings which affect the character of the
district such as: landscaping, fencing, lighting, building size, orientation, scale,
setback, parking, building design, building material, building components,
signs,
and color.
Page 2 of 23
RZ07-013 Text Amendment
Recommended Changes by the PC – 10/23/07 in Yellow Highlight
12H.3.1. Landscaping. Landscaping should be compatible in form, style and design with
the natural setting and informal landscaping present in the area and on the site
before development. Landscaping should also be used as a buffer to screen a
development from adjacent residential and agricultural uses.
A. Streetscape and Landscape Strips
1. All properties shall provide a minimum 10 foot-wide strip along all
public streets. The ten (10) foot-wide strip shall be planted with a
minimum 2½” to 3" caliper hardwood over-story. Additional over
story trees are encouraged. The 10 foot wide strip may be developed
either: (see article 12H.3.2.B for additional landscape and screening
requirements)
a. with hardscape elements such as plazas, planters, benches,
fountains and tables in addition to the required hardwood
trees, or
b. with landscape elements consisting of 60% coverage in
trees and shrubs and 40% coverage in grass and ground
cover pursuant to the Zoning Ordinance, Milton Tree
Protection Ordinance, or
c. with a combination of both landscape and hardscape
elements.
2. Trees shall be planted in the center of the landscape strip at a
maximum distance of every twenty feet.
3. Specimen trees, as described in the Milton Tree Protection
Ordinance, located within the minimum front yard shall be
preserved.
4. A minimum five foot-wide strip shall be planted with grass or sod
between the back of curb and the sidewalk.
B. Parking Lot Landscape Islands
1. There shall be a minimum 10 foot wide landscape island at the end
of each parking bay;
2. There shall be a 10 foot wide landscape island for every 72 feet of
double row length or 90 feet of single row length of parking spaces;
3. Landscape islands shall include one over-story shade tree per 180
square feet, and
Page 3 of 23
RZ07-013 Text Amendment
Recommended Changes by the PC – 10/23/07 in Yellow Highlight
4. Location of interior landscape islands shall vary from row to row to
avoid a grid pattern and rectilinear layout.
C. Landscape Buffers
1. For sites on four acres or less, a fifty (50) foot-wide 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.
2. For sites on more than four acres, a seventy-five (75) foot-wide
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.
3. To make buffers seem natural, an equal mix of three species from the
Acceptable Evergreen Plant Material for Milton Undisturbed Buffers
shall be used.
D. Property owners are encouraged to develop a green space for recreation
and public enjoyment.
12H.3.2. Screening and Fencing. Landscaping and fencing materials should be used to
minimize visual and noise impact of parking, loading areas, detention ponds and
accessory site features.
A. All loading areas shall be screened from view of any public street by
either: (1) a minimum six foot high opaque fence matching the material
of the building or (2) a 15 foot-wide landscape strip planted with a
continuous hedge of evergreen shrubs. Shrubs shall be moderately
growing, be a minimum height of 3½ to 4 feet at time of planting, and
reach a height of six feet within two years of planting.
B. All parking areas shall be screened from view of any public street by: (1)
a 15 foot-wide landscape strip planted to buffer standards or (2) a berm
planted with a continuous hedge or evergreen shrubs. Plants shall be a
minimum height of 3½ to 4 feet at time of planting, and such plants (or
in the case of option 2 above, the berm and the planting combined) shall
reach a height of six feet within two years of planting (see article
12H.3.1.A for additional landscape and screening requirements).
C. Refuse areas (dumpsters) shall be placed in the least visible location
from public streets, and shall be enclosed pursuant to rules of the Fulton
County Health Department. Enclosures must be constructed of the same
exterior wall material used for the building. The enclosure shall be a foot
higher than what is contained in the interior. The door enclosing shall be
made
out of wood or a material that has the appearance of wood.
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D. Accessory site features, as defined in each zoning district of the Zoning
Ordinance, shall be placed in the least visible location from public
streets, and shall be screened from view of any right-of-way and/or any
property zoned, used, or developed for residential uses, including the
AG-1 zoning district, by one of the following means: (1) placement
behind the building, (2) 100% opaque fencing which must be
constructed of the same type of exterior material used for the building,
or (3) by a berm or vegetative screening. The screening shall consist of
evergreen shrubs, be 3 ½ to 4 feet at time of planting, and reach a height
of 6 feet within 2 years or planting.
E. Drive-throughs are discouraged. However, if present, a drive-through
shall be considered to be an accessory structure to a building. It should
be screened from view from the right of way and should be in scale and
proportion to the building to which it is attached.
F. All detention ponds shall have a minimum 10 foot wide landscape strip
planted to buffer standards with evergreen plantings exterior to any
required fence and or required access area. All chain link fence shall be
black vinyl clad.
G. Fencing Material and Height:
1. Allowed fencing material shall be three or four board wooden
fencing with wood posts, in yards adjacent to a public street.
2. Fences in yards adjacent to a public street shall not exceed 55
inches from finished grade.
3. Retaining walls shall be constructed of stone and brick only.
Retaining walls above 3 feet high shall have a continuous planting of
evergreens.
4. Opaque fences are prohibited in yards adjacent to a public street,
except as set forth in Section 12H.3.2.4 and 5.
H. Chain link fencing, except as required along detention/retention ponds,
is prohibited from public view. All chain link fence shall be black vinyl
clad.
12H.3.3. Pedestrian Safety. Construction of sidewalks and pedestrian amenities should
encourage and promote walking to a development and within a development.
The placement of sidewalks and pedestrian amenities should contribute to the
sense of place of the community. Sidewalks shall be constructed along public
road frontages and at least a five foot landscape strip shall be planted between
the roadway or curb and the sidewalk. The sidewalk shall be set back from the
back of curb the maximum distance allowable within the right of way.
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1. Mandatory Requirements - Pedestrian Path Design Standards
A. Proposed developments shall have a pedestrian network.
B. Paths shall comply with any applicable Americans with
Disabilities Act standards for slope, width, texture, level
differences, and ramps.
C. Paths shall be a minimum of five-foot in width.
D. Paths shall be clearly identified (through painting, signage,
texture change).
E. In order to facilitate travel, paths shall not be obstructed by any
object or structure.
F. Paths shall be designed to minimize direct auto-pedestrian
interaction.
G. Paths shall be connected to signalized crosswalks, where
applicable.
H. Paths shall be a direct and convenient route between points of
origin (such as a bus stop) and destination (such as a shop, bank,
etc.) with the following exception: sidewalks and paths may
meander to protect and maintain mature trees and other permitted
landscape features. Meandering sidewalks are discouraged.
I. Internal walkways (paths) shall be constructed connecting the
public sidewalk along the street to the main entrance of the
principal use of the property.
J. Pedestrian paths shall be colored/textured walkways or
sidewalks.
2. Encouraged Elements - Pedestrian Paths and Public Spaces
A. To increase safety, grade separation is encouraged between
pedestrian paths and motor vehicle access areas.
B. Paths are encouraged to be built alongside interesting and inviting
features. Street furniture is encouraged to be located adjacent to any
path. Street furniture includes, but is not limited to, benches,
pedestrian scale lighting, trash receptacles, and mailboxes.
C. Community public spaces that promote gathering and have a park
like design with streetscape and hardscape elements are
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encouraged.
D. Paths are allowed to perpendicularly cross landscape strips.
E. Granite curbing is preferred over other types of curbing.
12H.3.4. Site Lighting for Parking Lots, Pedestrian Paths and Public Entrances.
Lighting should be compatible with the rural and historic setting of Northwest
Fulton. Lighting should be minimal while at the same time ample enough for
safety and night viewing.
A. Parking lot lighting shall meet the following minimum standards:
a. Light posts shall not exceed a height of 20 feet from finished
grade.
b. Light posts shall have curved arms to focus light downward. Up
to
two (2) arms are permitted on a single post.
c. Parking lot light fixtures shall have the light cut off below 90
degrees and the beam shall be cut off at 75 degrees.
d. Allowable post arm style shall be Shepherd’s Crook.
B. Pedestrian lighting shall meet the following minimum standards:
a. Light posts shall not exceed a height of 15 feet from finished
grade.
b. Allowable post styles are pole-top, bollard, and Shepard’s Crook.
C. Posts shall include a taper, either in their transition downward from post
to decorative shaft (base), or upward to ballast housing, or both.
D. Prohibited styles: Shoe box and cobra styles.
E. Building mounted lighting fixtures shall have a 45 degree light cut off.
F. All exterior lighting in publicly accessible locations shall be
architecturally decorative with a historic style.
G. Neon lighting is prohibited.
H. Light housings and posts shall be a dark color/material and be non
reflective.
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I. Exterior lighting shall not exceed two (2) foot candles.
12H.3.5. Building Size, Orientation, Setback, Height, Scale and Parking. The design
and lay out of a development should build upon and complement the design of
crossroads communities as opposed to creating a new one. The size, orientation,
setback and scale of buildings are integral elements of crossroads communities.
A building’s orientation and placement should complement and relate to
adjacent buildings, structures and properties. The placement of buildings should
create and informal grouping and relationship between them as opposed to
being orderly and uniform. The location of a building should take into
consideration its rural surrounding and take advantage of this by maintaining
open views and spaces.Buildings should be in proportion, in scale and
characteristic to their rural and natural setting. The building design and material
should contribute to the style and feeling of its rural surrounding. The visual
impact of parking should be minimized by placing it to the rear and by
screening
A. Size. Non institutional buildings shall be limited to the following:
1. On a development of four acres or less, the maximum building
size shall be 20,000 square feet. However, to encourage
construction of multiple buildings, if two or more buildings are
built, the total size of all buildings shall be a maximum of 25,000
square feet, no single one of which shall exceed 15,000 square
feet.
2. On developments larger than four acres, the maximum building
size shall be 25,000 square feet.
3. A group of two or more buildings that share at least one
contiguous wall will be considered as one building.
B. Orientation
1. All buildings shall be oriented to a public street. An entrance to a
building should be located on the side of the building facing a
public street.
2. Driveways shall be perpendicular to the street.
C. Setbacks
1. For all property and lots located adjacent to public rights-of-way
and from 0 to 400 feet from an intersection, buildings shall be set
back no more than twenty (20) feet from the edge of the required
landscape strip and/or easements. This twenty (20) foot front
yard area may be developed with a combination of landscape and
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hard-scape elements, such as plazas, fountains, benches, and
tables. Additional shade tree plantings are encouraged within
public gathering places and alongside pedestrian paths. Buildings
shall have varying setbacks to create the informal crossroads
community setting.
2. For all property and lots located adjacent to public rights-of-way
and 400 feet or more beyond an intersection, buildings shall be
set back no more than thirty (30) feet from the edge of the
required landscape strip and/or easements. This thirty (30) foot
front yard area may be developed with a combination of
landscaping and hard-scape elements, such as plazas, fountains,
benches, and tables. Additional shade tree plantings are
encouraged within public gathering places and alongside
pedestrian paths.
3. Buildings within a development shall have a 20 foot separation
between buildings. This are shall be developed as greenspace or
with a combination of hardscape and landscaping.
4. In the case where a building(s) in a development can not front a
public street and meet the requirements of this article because
other buildings are located there and no more space is available
along the public street, then the building(s) can front on an
internal street in the development. The standards in this article
that specify
a building’s position and relation to the street are also required
for a building(s) fronting on an internal street. The internal
streets will also have to meet the standards specified for the
public right-of-way, including landscape and streetscape
requirements.
D. Height
1. There shall be a maximum height limit of two stories with the
maximum height 30 feet from average-finished grade to the
bottom of the roof eave.
E. Scale
1. For every eighty feet of building length on a single face, there
shall be variation in the exterior. This exterior variation shall be
accomplished through the following means:
a. For each eighty feet of building exterior wall, the
building exterior and roof shall be offset by a minimum
of ten feet. Overhangs and roof lines shall follow the
building’s location.
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b. For each 80 feet of building exterior wall, there shall be a
change in details, or patterns or materials.
F. Parking
1. Parking shall be shared among users within a common
development. Parking shall be reduced according to the shared
parking standards established in Article 18.2.2 of the Milton
Zoning Ordinance. Additional reduction in the number of
parking spaces is encouraged.
2. All parking spaces built, which exceed the minimum number
required by the Milton Zoning Ordinance, shall be constructed of
pervious material.
3. No on site parking shall be located to the front of a building
and/or between a building and the public right-of-way (see article
12H.3.2.B regarding landscaping if parking is in view from the
right-of-way). Parking shall be located adjacent to internal
streets, not a public right-of-way.
4. If an internal street is developed for use by the general public,
one row of parallel or diagonal parking is allowed between the
street and the curb.
12H.3.6. Building and Other Structure Design. Construction of buildings in styles and
types not found in Northwest Fulton shall be avoided. Modern style using
traditional elements and the reinterpretation of a style rather than the mimicking
of a style is encouraged. Exaggerated or excessively large or small architectural
elements should be avoided. Elements should be in proportion with the overall
building. In addition, buildings should reflect a specific style and not mix
elements of different styles. The design and architectural elements of the
buildings should be compatible to those of the area. In Northwest Fulton,
commercial buildings are built at the intersections of two major roads in a
pattern of rural development called “crossroads communities.” Residences are
constructed at the edge of these crossroads communities. The Overlay District
seeks to replicate this pattern by having future non-residential construction, built
within 400 feet from the edge of right-of-way of an intersection, include
elements of the historic commercial buildings, and nonresidential buildings,
constructed over 400 feet from the edge of right-of-way of an intersection,
include elements of the historic residential buildings.
A. Building Design
1. All non-single family buildings constructed within 400 feet from
the edge of right-of-way of an intersection of two public roads,
shall be designed in accordance with the predominant commercial
building types (see Attachment B).
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2. All non-single family buildings constructed over 400 feet from
the edge of right-of-way of an intersection of two public roads,
shall be designed in accordance with the predominant residential
building types (see Attachment B).
B. Building Material:
1. Exterior wall materials shall consist predominately (a minimum of
80%) of one or a combination of the following materials:
horizontal clapboard siding; brick; and stone. Vertical clapboard is
permitted on buildings built to look like barns. The brick shall be
hand molded or tumbled to create the appearance of old brick.
2. Accent wall material (no more than 20%) may include glass,
architecturally treated , precast stone. All shall have a natural
appearance and/or a historic appearance.
3. Prohibited exterior building materials are: metal panel systems, ascast
smooth concrete masonry or plain, reinforced concrete slabs,
aluminum or vinyl siding, plywood, mirrored glass, press-wood or
corrugated steel (exceptions: mechanical penthouses & roof
screens).
C. Roof:
1. Permissible roofs types are gable, pyramidal, and hip. Shed roofs are
permitted over porches, additions, and accessory structures. Roof pitches
shall be 8 over 12 to 12 over 12.
2. Roof material shall be made out of the following materials: asphalt
shingle, wood shingle, wood shake, or standing seam metal.
3. Buildings with a minimum gross square footage of 15,000 square feet
are allowed to have a lower pitched roof if they meet all of the following
standards:
a. A decorative parapet or cornice is constructed along all
roof lines with a lower pitch than specified in Section
12H.3.6.C (1).
b. Roof top equipment is screened from public view from all
adjacent public streets.
4. Mansard roofs are not permitted.
D. Windows:
1. Buildings shall have a ratio of openings (e.g., windows and doors)
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to solids which ranges from no less than 30 percent to no greater
than 50 percent of the building exterior.
2. For wall sections greater than ten (10) feet wide:
a. No one window shall exceed 32 square feet. No grouping
of window shall exceed 100 square feet.
b. Windows on the side of the building with the principal or
main entrance shall have a maximum distance between
windows not to exceed one window width.
c. Windows on the building side and rear may have window
spacing up to two window widths apart.
d. Window sills shall be placed a minimum of two feet above
finished grade.
3. A minimum of 80 percent of windows on each exterior wall shall have a
vertical orientation. The ratio of height to width of vertical windows
shall be no less than 1.8 (height) to 1 (width).
4. Window types shall include one or a combination of the following types:
double-hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights,
casement windows and fixed windows. The upper sash of all windows
shall have divided lights. Clip-ins are allowed.
5. If located on a corner lot, all of the exterior building walls facing a
public street shall continue the same window arrangements as the side
with the principal entrance.
6. If windows are paired or grouped in larger numbers, windows shall
have divided lights of 2/1 or more.
E. Doors:
1. Allowed doors used as entryways by the public include:
a. Wood or simulated solid wood door with raised panels
b. Wood or simulated wood door with raised panels on the bottom
half and glass on the top half
c. Glass door with divided lights
2. Flush panel doors are prohibited as exterior doors.
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F. Architectural Features: Architectural details are encouraged to create variety,
visual interest, and texture on new buildings.
1. Articulated building entryways are typical of building types
throughout the district. Therefore main entrances shall have greater
architectural details by including a minimum of two of the following
elements:
a. Decorative columns or posts
b. Pediments
c. Arches
d. Brackets
e. Transoms over doorways
f. Sidelights
g. Porticos
h. Recesses/projections
2. If used, shutters shall be operable and fit the size of the window.
3. If roof dormers are present and they have windows, then the
windows shall be glazed. Dormers are not a common element and
should be used minimally.
G. Accessory structures:
1. Out-parcel buildings, accessory structures, fences and walls shall
have architectural features and exterior materials consistent with the
principal building(s).
H. The following building components shall be prohibited if visible from
public street: steel gates, burglar bars, chain link fence, steel roll down
curtains. If not visible from any public street, such treatments are allowed
12H.3.8. Building Colors. All aspects of a development should use colors common in
the area and in nature. Earth-toned, subtle and muted colors provide for a
development that incorporates sensitivity to its natural surrounding.
A. Paint colors shall be chosen from the range of traditional colors present in the
area. Inappropriate high intensity colors shall be avoided.
B. Acceptable colors are listed in Attachment A.
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12H.3.8.1 Sign Structure Colors.
A. All colors when applied to a neutral background using the pallet in
Attachment C will be acceptable. Colors used for corporate identity
or graphics shall not exceed over 30% of the total signage area,
thereby leaving 70% of the total sign area to remain in the neutral
background color.
B. Acceptable colors are listed in Attachment A.
12H.3.9. Graffiti. Graffiti defacing the facade of any building, sign, path, accessory
structure, wall, fence or other site element is prohibited.
12H.3.10. Towers and Antennas. Antenna, tower and associated structures should blend
in with their surrounding as much as possible.
A. Antennas and towers shall be as far away from the right of way as
possible or be located next to established tree plantings.
B. Antennas, towers and accessory structures shall be a dark matt non
reflective color such as dark gray.
C. Antennas, towers and accessory structures shall have no lights other than
those required by the Federal Aviation Administration.
D. The landscape buffer around the antennas, towers and accessory
structure shall be natural and informal by having an irregular shape.
E. The plantings in the landscape buffer shall obscure any accessory
structures within one year of planting.
F. In the landscape buffer, a mix of three species of trees acceptable to the
Milton Arborist should be planted. In the mix of trees one should be
evergreen, one deciduous and one seasonal or perennial.
G. Fence openings shall be out of view from the public right-of-way.
H. Where appropriate, towers should be camouflaged.
12H.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Article shall be declared or adjudged invalid or unconstitutional,
such adjudication shall in no manner affect the other sections, subsections,
sentences, clauses or phrases of this Article, which shall remain in full force and
effect, as if the section, subsection, sentence, clause, or phrase so declared or
adjudged invalid or unconstitutional were not originally a part thereof.
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12H.5. APPEALS. Any persons aggrieved by a final decision of the Department of
Community Development relating to this Article may appeal from such final
decision to the Board of Zoning Appeals by filing in writing setting forth
plainly, fully and distinctly why the final decision is contrary to law per Section
22.4 et seq. of the City of Milton Zoning Ordinance. Such appeal shall be filed
within 30 days after the final decision of the Department is rendered.
12H.6. EFFECTIVE DATE. Applications for building permits, land disturbance
permits, and sign permits filed on or after the day of adoption of this Ordinance
shall meet the standards of this Overlay District.
12H.7. ADOPTION. NOW, THEREFORE BE IT RESOLVED, the City of Milton
Mayor and City Council does hereby ordain, resolve, and enact the foregoing
Article XIIH to the City of Milton Zoning Ordinance.
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Attachment A
Acceptable Building Material and Sign Color Palette
A. Colors apply to building materials, architectural and decorative elements, and sign
structure.
B. The numbers refer to Pantone Matching System, an international color matching
system. The PMS Color Guide can be matched using a variety of methods:
- Modern Digital Scanning/Color Interpretation
- Cross referencing Paint Manufacturers Formulas
- Visual comparison matching
3. Colors have been chosen not only by what is found architecturally in the Northwest
Fulton area historically but also what is seen in nature and in the surrounding
environment. These interpretations seek to avoid “primary” color values in favor of
“muted” and “subtle” colors.
4. Any brand of paint can be used. The reference to certain paint brands is simply to
illustrate the appropriate colors.
Whites
Acceptable “whites” are described as subtle shades or tints of white, including
“neutral”, “antique”, “taupe”, or “sandstone”.
Quarter-tones
Quarter tones are one-quarter the strength of a full color. It provides a softer transition
between colors.
Mid-tones
Half-way between light and dark.
Shadow-tones
Dark colors are fully pigmented and offer rich colors for darker accenting without
relying on basic browns, blacks, and grays.
Color Chart
Manufacturer: PMS, Porter Brand (P), Duron (D),
Name: Color tile
No. Reference Number
Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s)
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ATTACHMENT B
Characteristics of Northwest Fulton Crossroads Communities
The Northwest Fulton Overlay is based on the overall setting and characteristics of the rural
crossroads communities in the City of Milton. In order to determine their qualities, a visual
survey was conducted of Crabapple and Birmingham as well as commercial buildings in
Hopewell and Arnold Mill, the main crossroads communities in the City of Milton.
Commercial development in the City of Milton has been historically located in the crossroads
communities that developed at the intersection of two or more roads. In these communities,
commercial uses are close to the intersection, with institutional uses, such as churches and
schools, next to them and residential uses extending along the roads. Large tracts of
agricultural land, with rural vistas and views, border the residential areas. These crossroads
communities maintain their historic integrity as well as their informal character, rural
atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to
the street, are close to the street and have varying setbacks (from zero to twenty feet).
Buildings are grouped informally and asymmetrically to each other to form a village
atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the
buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that
emphasize ordered plantings, over planting and often geometric placement. Informality of
place provides for human scale, comfort and a welcoming atmosphere. The setting, the
buildings’ design and architectural details are elements that maintain the value of the
communities and contribute to the sense of place in the City of Milton. More than being a place
for commerce, they provide the sense of identity, ownership, community and evolution. Many
of the commercial buildings were built from the late 1800's to the late 1930's in various types
and style and have a rural and agrarian character. The buildings are generally small, one story
with a square or rectangular foot print. Buildings are in scale and in proportion to each other.
The principal building materials are brick and clapboard siding, however, stone is also
used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles.
Many of these also have a small recessed porch. Several window types are present including,
double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows,
the sashes are divided into 6 lights over 6, 4/4 and 2/2. The windows are in proportion to the
building and most have a vertical orientation. The doors are usually wood paneled doors with
glass in the upper half. The entryways and main facades are more articulated that the rest of the
buildings. This is achieved by recessing the entrance or flanking the door with sidelights and
transom lights. The buildings have limited stylistic elements. Some of the features that are
present include: round and square columns, frieze board, exposed rafter ends, and triangle
gable braces.
Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and
endings. Commercial buildings transition into smaller residential buildings. Uses also
transition down from commercial to office and then to residential. Many residential buildings
that extend along the roads are now being used for retail and office. These residential areas also
share similar characteristics: they are one-story, oriented to the street, often a walkway leads
from the street to the front door or from the driveway to the front door, and the driveway is
perpendicular to the street. Parking is to the side or the rear. The buildings are set back ten to
forty feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define
the boundaries of the property.
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The houses themselves also have similar characteristics. The principal building material is
wood clapboard siding and some are made out of stone. The common roof forms are gable,
cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses
are raised on a foundation. Most of these also have a front or wrap around porch. The majority
of the windows are double-hung sash with the sashes divided into 6 lights over 6, 3/1 9/9, 1/1
and 2/2. Some have sidelights and transom lights around the front door and fixed arched
windows.
Several house types are present, including: hall parlor, double pen, central hallway, gable ell
cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type
refers to the height of the house as well as the general layout of the interior rooms. A
description and layout of each is included in Attachment B.
Many of these houses do not have a high style but rather have a vernacular interpretation of a
style. Style refers to the external ornamentation and the overall form of the house. In many
cases style elements are associated with a certain house type. For instance, craftsman elements
are present in bungalow type houses. The architectural features present in these houses, by
style, are listed below and are discussed in Attachment B.
Greek Revival: frieze board, round columns, Doric columns, flute columns, gable returns,
corner pilasters, dentil molding, pedimented gable.
Queen Anne and Folk Victorian: decorative cut shingles, verge board, turned posts, ionic
columns, porch with turned balusters, frieze board.
Craftsman: wood or brick battered columns on brick or stone piers, exposed rafter ends,
overhanging eaves, gable braces, frieze board, gable returns.
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NORTHWEST FULTON OVERLAY DISTRICT MAP
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Ar City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: October 25,2007
FROM: Interim City Manager
AGENDA ITEM:
RZ07-Of 4 -Zoning Ordinance Article 12A.3.8, Overlay District Authority, Amend
deadline for consideration of Certificate of Endorsement by the DRB.
MEETING PATE: Thursday, November 1,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach addtt~onalpages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER. (1 NOTAPPROVEDRPPRQVED
CiW ATTORNEY APPROVAL REQUIRED: () YES NO
ClTYAT70RNEY REVlEW REQUIRED: ()YES NNO
APPROVAL BY CtTY ATTORNEY (JAPPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: 11 01 2007
REMARKS:
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO AMEND ARTICLE 12A, OVERLAY DISTRICT AUTHORITY, OF
THE CITY OF MILTON ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on November ____ 2007 at 7:00 p.m. as follows:
SECTION 1.That the Ordinance relates to Amending Article 12A, Overlay District
Authority of the City of Milton Zoning Ordinance, as it relates to the Certificate of
Endorsement, is hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2.All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3.That this Ordinance shall become effective upon its adoption.
ORDAINED this the ___ day of November, 2007
___________________________
Joe Lockwood, Mayor
Attest:
_______________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON DECEMBER 21,
2007
ARTICLE XII
SECTION 12A
OVERLAY DISTRICT AUTHORITY
12A.1.1. DECLARATION OF PURPOSE, SCOPE, INTENT AND PUBLIC POLICY.
The City of Milton Mayor and City Council finds that as a matter of public policy
that the aesthetic, economic and functional qualities are worthy of enhancement and
preservation and are essential to the promotion of the health, prosperity, safety and
general welfare of the existing and future residents of the City of Milton. Therefore,
Deleted: BOARD OF
COMMISSIONERS ON FEBRUARY 7,
1996
Deleted: Fulton County Board of
Commissioners
Deleted: of unincorporated Fulton
County
Deleted: unincorporated Fulton County the appoint a design review board. Mayor and City Council shall The purpose of
said design review board and overlay district regulations shall be:
1. To foster civic pride.
Deleted: the Board of Commissioners
authorizes each planning area to propose
overlay districts and regulations, and, if
desired, to request that
Deleted: Board
2. To promote attention to accepted design principles in areas of new
development and redevelopment.
3. To raise the level of community understanding and expectation for quality in
the built environment.
4. To ensure that development is consistent with the Comprehensive Plan and
Overlays.
5. To provide for the designation, protection, rehabilitation and redevelopment
of properties within overlay districts and to participate in federal and state
programs designed to do the same.
6. To protect and enhance local aesthetic and functional qualities and to
stimulate business.
7. To enhance the opportunities for federal, state and local tax benefits under
relevant federal, state and local laws.
The City of Milton Mayor and City Council further finds that the timely exercise of
judgment in the public interest by a public body of proposed new development or
redevelopment is desirable. Accordingly, the public policy objectives of this
City of Milton Zoning Ordinance
12A-1
RZ07-014 Text Amendment
Planning Commission Recommendation (10/23/07) in Yellow Highlights
Deleted: implement
Deleted: Board of Commissioners
Deleted: ZONING RESOLUTION
OF FULTON COUNTY
Deleted: ¶
Ordinance are to guide certain aspects of development, such as:
1. The spatial relationships of structures and open spaces to each other, and
2. The appearance of buildings and open spaces as they contribute to the
attractiveness, function, economy and character of an area.
Planning area design standards are intended to be uniformly applied to evaluate the
appropriateness of proposed changes to an overlay district in order to:
1. Protect and enhance the visual qualities and character of the district,
2. Provide guidance to design professionals, property and business owners
undertaking construction in the district,
3. Recommend appropriate design approaches, and
4. Provide an objective basis for review, assuring consistency and fairness.
12A.2.1. DEFINITIONS.
Words not defined herein shall be construed to have the meaning given in Article III
of The City of Milton Zoning , or, by Webster's Ninth New Collegiate Ordinance
Dictionary. The words "shall" and "must" are mandatory, and the words "may" and
"should" are permissive. As used in this Ordinance, the following terms shall be
Deleted: Resolution
Deleted: Zoning
defined as follows:
Appearance: The outward aspect that is visible to the public.
Appropriate: Fitting to the context of a site, neighborhood or community.
Architectural Concept: The basic aesthetic idea of a structure, or group of structures,
including the site, signs, buildings and landscape development that produces the
architectural character.
Architectural Feature: A significant element of a structure or site.
Attractive. Having qualities that arouse satisfaction and pleasure in numerous, but
not necessarily all, observers.
Deleted: Resolution
Deleted: of Fulton County
Deleted: resolution
Building. A building is a structure created to shelter any form of human activity,
including but not limited to, a house, store, barn, church, hotel.
Deleted: ZONING RESOLUTION
OF FULTON COUNTY
Deleted: ¶
City of Milton Zoning Ordinance
12A-2
RZ07-014 Text Amendment
Planning Commission Recommendation (10/23/07) in Yellow Highlights
Certificate of Endorsement (COE). A document evidencing support of a material
change in the appearance of a property located within an overlay district by the
person or board designated within an overlay district.
Cohesiveness. Unity of composition among elements of a structure or among
structures, and their landscape development.
Compatibility. Harmony in appearance of architectural features in the same vicinity.
Design Review Board (DRB). A panel which, when appointed by the City of Milton
Mayor and City Council, consists of seven (7) members appointed to consider
applications within a specific overlay district.
Designation or Designated. A decision by the City of Milton Mayor and City
Council , , wherein a property or district is declared an overlay district.
External Design Feature. The general arrangement of any portion of structures or
landscaping, including the type, and texture of the materials, the type of roof,
windows, doors, lights, signs, and fixtures of portions which are open to the public
view.
Exterior Architectural Features. The architectural style, general design and general
arrangement of the exterior of a structure and site, including but not limited to the
kind or texture of the building material and the type and style of all windows, doors,
signs, facade, landscaping and other architectural fixtures, features, details, or
elements relative thereto.
Geographic Area. Land area subject to overlay district regulations.
Harmony. A quality that represents an attractive arrangement of parts, as in an
arrangement of various architectural elements.
Landscape. Plant materials, topography and other physical elements combined in
relation to one another and to structures including pavement.
Logic of Design. Widely accepted principles and criteria in the solution of design
problems.
Material Change in Appearance. A change in a structure or a parking lot within an
Deleted: Board of Commissioners
Deleted: Board of Commissioners
Deleted: of Fulton County
Deleted: Georgia
overlay district that exceeds ordinary maintenance or repair (defined below), and
requires either a sign permit, building permit or land disturbance permit such as, but
City of Milton Zoning Ordinance
12A-3
RZ07-014 Text Amendment
Planning Commission Recommendation (10/23/07) in Yellow Highlights
Deleted: ZONING RESOLUTION
OF FULTON COUNTY
Deleted: ¶
not limited to:
1. The erection, alteration, restoration, addition or removal of any structure
(including signs) or parking lot;
2. Relocation of a sign or building;
3. Commencement of excavation; or
4. A change in the location of advertising visible from the public right-of-way.
Ordinary Maintenance or Repair. EXEMPT from inclusion in "Material Change in
Appearance" defined above. Ordinary maintenance or repair of any exterior of any
structure, parking lot or sign in or on an overlay district property to correct
deterioration, decay or damage, or to sustain the existing form, and that does not
involve a material change in outer design, material, or appearance thereof. Painting,
reroofing, resurfacing, replacement of a broken sign face and other similar types of
ordinary maintenance shall be deemed ordinary maintenance and repair.
Overlay District. A geographically definable area, possessing a significant
concentration or linkage of sites, buildings, structures, objects or landscapes,
including the adjacent area necessary for the proper treatment thereof, united by plan
and/or physical development. An overlay district shall further mean an area
designated by the City of Milton Mayor and City Council as such.
Overlay Property. An individual site, structure, object or landscape, including the
adjacent area necessary for the proper continuity thereof, contained within an overlay
district.
Proportion. Balanced relationship of parts of a building, signs and other structures,
and landscape to each other and to the whole.
Scale. Proportional relationships of the size of parts to one another and to humans.
Street Hardware. Objects other than buildings that are part of the streetscape.
Examples are: street light fixtures, utility poles, traffic lights and their fixtures,
benches, litter containers, planting containers, fire hydrants, etc.
Streetscape. The appearance and organization along a street of buildings, paving,
plantings, street hardware and miscellaneous structures.
Deleted: Fulton County Board of
Commissioners
City of Milton Zoning Ordinance
12A-4
RZ07-014 Text Amendment
Planning Commission Recommendation (10/23/07) in Yellow Highlights
Deleted: ZONING RESOLUTION
OF FULTON COUNTY
Deleted: ¶
12A.3. CERTIFICATES OF ENDORSEMENT.
12A.3.1. APPROVAL OF ALTERATIONS OR NEW CONSTRUCTION. Applicants for
a City of Milton land disturbance permit, demolition permit or building permit shall
obtain a Certificate of Endorsement (COE) for applicable properties.
12A.3.2. GUIDELINES AND CRITERIA FOR CERTIFICATES OF ENDORSEMENT.
Issuance of Certificates of Endorsement (COE) shall be based on the criteria of the
Zoning Ordinance of the City of Milton along with other criteria adopted by the City
of Milton Mayor and City Council.
Deleted: Fulton County
Deleted: sign permit
Deleted: Resolution
Deleted: Fulton County
Deleted: Board of Commissioners
12A.3.3. SUBMISSION OF PLANS. An application for a COE shall be accompanied by
such drawings, photographs, material samples or plans as may be required pursuant
to the overlay district provisions.
12A.3.4. INTERIOR ALTERATIONS. Review of applications for endorsement shall not
consider interiors or exterior features which are not visible from a public street.
12A.3.5. ISSUANCE OF A CERTIFICATE OF ENDORSEMENT.
A. A COE may be issued when the proposed material change(s) in the
appearance or arrangement of the elements of the project is consistent with
the overlay district provisions.
B. A copy of each final COE shall be maintained in the Community
Development Department.
12A.3.6. EXCEPTIONS. When, by reason of unusual circumstances, the strict application of
any provision of this Article would result in the exceptional practical difficulty or
undue hardship due to the circumstances unique to the particular property in
question, the Board of Zoning Appeals, in passing upon applications, shall consider
and issue exceptions to said provisions so as to relieve such difficulty or hardship
provided such exceptions shall remain in harmony with the general purpose and
intent of said provisions, so that the integrity or character of the property, shall be
conserved and substantial justice done. A hardship shall not qualify as an undue
hardship if it is of a person’s own making.
In granting such exceptions, the Board of Zoning Appeals may impose such
reasonable and additional stipulations and conditions as will, in its judgment, best
fulfill the purpose of this Article.
City of Milton Zoning Ordinance
12A-5
RZ07-014 Text Amendment
Planning Commission Recommendation (10/23/07) in Yellow Highlights
Deleted: Services
Deleted: ZONING RESOLUTION
OF FULTON COUNTY
Deleted: ¶
12A.3.7. APPEALS. Appeals are to the Board of Zoning Appeals. Any appeal of a decision
of the Board of Zoning Appeals is to Fulton County Superior Court in accordance
with Article XX.
12A.3.8. DEADLINE FOR CONSIDERATION OF APPLICATION FOR COE. The
DRB shall consider a completed application for a COE within 90 days after the filing
thereof by the owner or occupant of an overlay district property. If the application
has not been acted upon within 90 days, and the application shall be considered to be
approved as submitted.
12A.3.9. RELATIONSHIP OF THIS ARTICLE TO OTHER ZONING PROVISIONS.
The adoption of a Ordinance designating an overlay district, is an amendment to the
existing Zoning Ordinance. Designation of a zoning overlay district and shall be
shown as such on the Official Zoning Maps of the City of Milton, Georgia.
12A.4. MAINTENANCE OF PROPERTIES, BUILDING CODE AND ZONING
PROVISIONS
12A.4.1. ORDINARY MAINTENANCE OR REPAIR. Ordinary maintenance or repair of
any exterior feature visible from a public street in or on an overlay district property
to correct deterioration, decay or damage, or to sustain the existing form, and that
does not involve a material change in design, material, or outer appearance thereof,
does not require a building, sign, or land disturbance permit.
12A.4.2. FAILURE TO PROVIDE ORDINARY MAINTENANCE OR REPAIR. The
owner or owners, or the owner's agent, of each designated overlay district property or
site, shall keep in good repair all of the exterior portions of such property and site
and all interior portions thereof which, if not maintained, may cause or tend to cause
the exterior portion of such property or site to deteriorate, decay or become damaged
or otherwise to fall into a state of disrepair. The Director of Community
Development shall be responsible for the enforcement of the ordinary maintenance or
repair provisions contained within this section.
12A.4.3. AFFIRMATION OF EXISTING BUILDING CODES AND ZONING. Nothing
Deleted: 15
Deleted: 15
Deleted: resolution
Deleted: Resolution
Deleted: Fulton County
Deleted: director of the Department of
Inspections and Zoning Enforcement s
Deleted: Resolution
Deleted: County
in this Ordinance shall be construed to exempt property and business owners from
complying with other existing City regulations whenever this Article does not apply.
This Ordinance is an amendment to the Zoning Ordinance and all other provisions
of the Zoning Ordinance shall remain in effect unless provisions in the overlay
district conflict with other provisions of the Zoning Ordinance, in which case, the
stricter provisions of the overlay district shall apply.
Deleted: resolution
Deleted: Resolution
Deleted: Resolution
Deleted: Resolution
Deleted: ZONING RESOLUTION
OF FULTON COUNTY
Deleted: ¶
City of Milton Zoning Ordinance
12A-6
RZ07-014 Text Amendment
Planning Commission Recommendation (10/23/07) in Yellow Highlights
12A.5. INTERPRETATION, VIOLATIONS, ENFORCEMENT AND PENALTY
PROVISIONS
12A.5.1. VIOLATIONS. This Article shall be governed by Article XXIX, Section 29.1 of
this Ordinance. Deleted: Resolution
12A.5.2. ENFORCEMENT. This Article shall be governed by Section 26.3 of this
Ordinance. Deleted: Resolution
12A.5.3. PENALTY. Violation of this Ordinance shall be punished as provided for by
Section § 21-1-8 of the Fulton County Code.
Deleted: Resolution
12A.5.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional,
such adjudication shall in no manner affect the other sections, subsections, sentences,
clauses or phrases of this Article which shall remain in full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part thereof.
Deleted: resolution
12A.5.5. CONFLICTS. If the provisions of this Article conflict with this Ordinance, or other
ordinances, Ordinances or regulations, the provisions of this Article shall govern or
prevail to the extent of the conflict.
Deleted: Resolution
Deleted: resolution
12A.5.6. INTERPRETATION. This Article shall be governed by Section 26.1 of this
Ordinance. Deleted: Resolution
Deleted: ZONING RESOLUTION
OF FULTON COUNTY
Deleted: ¶
12A-7
RZ07-014 Text Amendment
Planning Commission Recommendation (10/23/07) in Yellow Highlights
City of Milton Zoning Ordinance
A
City of MiRon
13000 Deerfreld Parkway, Suite 107. Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 25,2007
FROM: Interim City Manager
AGENDA ITEM:
RZ07-015-Zoning Ordinance to delete the foIlowing Articles:
12B -Sandy Springs OverIay District
1ZB(1) -Perimeter Community Improvement District
12C -Cascade Corridor Overlay District
E2D -Old National Highway Overlay District
12E -Northeast Fulton Overlay District
12F -Sandtown Overlay District
12J -Chattahoochee Hill Country Overlay District
12K -South Fulton Parkway Overlay District
12L -Cliftondale Overlay District
12M -Cedar Grove OverIay District
MEETING DATE: Thursday, November 1,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach add~tsonalpages ~fnecessarl)
See attached memorandum
APPROVAL BY CITY MANAGER: () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ()YES #NO
CITY ATTORNEY REVIEW REQUIRED: () YES KNO
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOTAPPROVED
PLACED ON AGENDA FOR: 11 =I. Zoo7
REMARKS:
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO DELETE IN THEIR ENTIRETY THE FOLLOWING ARTICLES:
ARTICLE 12B, ARTICLE 12B(1), ARTICLE 12C, ARTICLE 12D, ARTICLE 12E, ARTICLE
12F, ARTICLE 12J, ARTICLE 12K, ARTICLE 12L, ARTICLE 12M, OF THE CITY OF
MILTON ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on November _____ 2007 at 7:00 p.m. as follows:
SECTION 1.That this Ordinance deletes in their entirety the following Articles:
Article 12B, Article 12B(1), Article 12C, Article 12D, Article 12E, Article 12F, Article 12J,
Article 12K, Article 12L, Article 12M of the City of Milton Zoning Ordinance is hereby
approved; and;
SECTION 2.All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3.That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of November, 2007
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
RZ07-015
There are 10 overlay districts within Article 12 that are not located with in
the city boundaries. Staff is requesting that these obsolete sections be
deleted to help streamline the current ordinance. Listed below are the
overlay districts to be deleted:
XII-B – Sandy Springs Overlay District
XII-B(1) – Perimeter Community Improvement District
XII-C – Cascade Corridor Overlay District
XII-D – Old National Highway Overlay District
XII-E – Northeast Fulton Overlay District
XII-F – Sandtown Overlay District
XII-J – Chattahoochee Hill Country Overlay District
XII-K – South Fulton Parkway Overlay District
XII-L – Cliftondale Overlay District
XII-M – Cedar Grove Overlay District
fi
City of Milton
13000 Deerfield Parkway. Suite 107. Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 25, 2007
FROM: Interim City Manager
AGENDA ITEM:
ZM07-006 -2865 Webb Road -To modify Condition 3.a. of 206-05 1 to reduce the
required 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip
along the east and west property line for a distance of 150 feet north of the existing
building.
MEETING DATE: Thursday, November 1, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages tf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ($NOT APPROVED(MAPPROVED
CiTY ATTORNEY APPROVAL REQUIRED: YES NNO
CITYATTORNEY REVIEW REQUIRED: () YES $(NO
APPROVAL BY CETY ATTORNEY ()APPROVED (3 NOTAPPROVED
PLACED ON AGENDA FOR: I) 01 zoa7
REMARKS:
PETITION NUMBER(S):
ZM07-006
PROPERTY INFORMATION
ADDRESS 2865 Webb Road
DISTRICT, LAND LOT 2/2, 1048
OVERLAY DISTRICT State Route 9
EXISTING ZONING O-I (Office-Institutional) Z06-051/VC06-070
EXISTING USE IQ Academy
PETITIONER Pegah Firoozi
ADDRESS 5240 Orchard Court, Cumming GA 30004
PHONE 678-762-0216
APPLICANT’S REQUEST:
To modify condition 3.a. to reduce the 25-foot undisturbed buffer and 10-foot
improvement setback on the east and west side of the property to a 5-foot landscape
along the east and west property lines in the area of the existing driveway,
structure and parking area and 150 feet beyond the existing building.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
DENIAL
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 1 of 9
ZM07-006
Condition to be Modified:
Z06-051/VC07-070
3. To the owners agreement to the following site development
considerations:
a. Reduce the required 25-foot buffer and 10-foot improvement
setback to a 5-foot landscape strip along the east and west
property lines only in the area of the existing driveway,
structure and parking areas. (VC07-070)
Analysis and Recommendation:
The subject site is developed with a child care/Montessori school within an
existing single family residence. It was rezoned from AG-1 to O-I pursuant to Z06-
051/VC07-070 for a maximum density of 1,470.59 square feet of gross floor area
per acre zoned or a total area of 2,000 square feet. The applicant requested a
concurrent variance to reduce the required 25-foot buffer and 10-foot
improvement setback to a 5 foot landscape strip for 150 feet along the east and
west property lines. The Fulton County Board of Commissioners approved a 5
foot landscape strip in lieu of the 25 foot buffer and 10 foot improvement
setback along the east and west property lines, only in the area of the existing
driveway, structure and parking areas.
Because of the long and narrow shape of the lot, approximately 117 feet wide,
the required 70 feet (25-foot buffer and 10-foot improvement setback on both
the east and west property lines) leaves approximately 47 feet for the play
areas. The applicant has stated in her Letter of Intent that because of the
narrow width of the property it is a hardship that is not self imposed.
Staff notes that the majority of parcels surrounding the site have been rezoned
from AG-1 (Agricultural) to office or commercial uses. The Focus Fulton 2025 Plan
recommends this area to be Office Institutional along the south side of Webb
Road. The Plan also recommends the area adjacent to the south be developed
Commercial. It appears that this area will continue to redevelop from single
family residences to non-residential uses in the near future.
Staff is of the opinion that the issue of narrowness of the play yard area is a self
imposed hardship. The applicant has approximately 400 feet of additional area
in the rear of the current play area, which can possibly be cleared and used as
play area. The additional vegetation in the buffer would create a more inviting
and secure play area for the children. Therefore, Staff recommends DENIAL of
the requested modification to condition 3.a.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 2 of 9
ZM07-006
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (Z96-0051) should be revised to read as follows:
3. To the owners agreement to the following site development
considerations:
a. Reduce the required 25-foot buffer and 10-foot improvement
setback to a 5-foot landscape strip along the east and west
property lines in the area of the existing driveway,
structure and parking area in addition to 150 feet
beyond the existing building. The size, type and location of
plantings in the 5 foot landscape strip are to be approved by
the City Arborist. (ZM07-006)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 3 of 9
ZM07-006
ZM07-006 LOCATION MAP
10/25/2007
ZM07-006
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
Page 4 of 9
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 5 of 9
ZM07-006
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 6 of 9
ZM07-006
CURRENT PLAY YARD AREA
CURRENT PLAY YARD
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 7 of 9
ZM07-006
EAST PROPERTY LINE
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 8 of 9
ZM07-006
WEST PROPERTY LINE
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
10/25/2007 Page 9 of 9
ZM07-006
4 City oT Milton
13000 Deerfield Fahay, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council QATE: October 24,2007
FROM: Interim City Manager
AGENDA ITEM: Water Use Restriction Ordinance within Chapter 14 of the City Code
MEETING DATE: Thursday, November 1,2007Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (3 No
CITY ATTORNEY REVIEW REQUIRED: &YES 0 NO
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOTAPPROVED
PLACED ON AGENDA FOR: 1 I , Loo
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and Council Members
From: Tom Wilson, Community Development Director
Date: November 1, 2007 City Council Meeting.
Agenda Item: Water Use Restriction Ordinance within Chapter 14 of the City Code
____________________________________________________________________________________
Staff Recommendation:
At the October 18, 2007 Council Meeting, the Mayor and City Council adopted the attached
ordinance on an emergency basis pursuant to Section 3.18 of the City Charter. At the same
time, a first reading was held on adopting the ordinance on a permanent basis. Section 3.18
allows ordinances to be adopted on an emergency basis, but also states that the emergency
ordinance is automatically repealed if not adopted through the regular process within 30 days.
If the Council wishes to adopt this ordinance on a permanent basis, it will require this second
reading and adoption. Staff recommends the adoption.
Background:
On September 28, 2007, the Director of the Georgia Environmental Protection Division declared
a Level Four drought response for all counties in north Georgia including the City of Milton.
Cities, counties and water utilities throughout Georgia are responsible to enforce these rules.
The City of Milton will need to develop a Water Use Restriction Ordinance to enforce the state
water use rules.
Discussion:
Under the Level Four drought response, NO OUTDOOR WATERING IS ALLOWED, other
than for exemptions for the following categories:
Outdoor water use……………………Section 4(a)
Outdoor water use schedules………..Section 4(b)
Newly installed landscapes………….Section 4(c)
Golf course water use………………...Section 4(d)
Commercial outdoor water use……...Section 4(e)
Alternatives:
The only alternatives would relate to enforcement and penalties.
Concurrent Review:
Tom Wilson, Community Development
Page 1 of 2
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Chris Lagerbloom, Interim City Manager
Mark Scott, City Attorney
Page 2 of 2
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 14 OF THE MILTON CITY CODE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on November 1st, 2007 at 7:00 p.m. as follows:
SECTION 1.That the Ordinance relating to Amending Chapter 14, Article 9 of the Milton
City Code, as it relates to emergency watering bans as required by the Director of the Georgia
Environmental Protection Division, is hereby adopted and approved; and is attached hereto as
if fully set forth herein, and;
SECTION 2.All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3.That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of November, 2007
___________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Milton City Code Chapter 14, Article 9: Water Use Restriction Ordinance
Section 1: Purpose and Intent
(a) The purpose of this ordinance is to protect the public health, safety and welfare by adopting and
enforcing water use measures that encourage water conservation and ensure adequate supplies of
water for the residents and water customers of the city.
(b) It is the policy of the city to promote water conservation by regulating outdoor water use, by
Complying with the laws and regulations imposed by the State of Georgia on outdoor water use; and
by restricting water usage during emergency conditions.
(c) The City hereby establishes that in the event that the Georgia Environmental Protection Division
(EPD declares that a water shortage drought emergency exists within the City of Milton, restrictions
on outdoor watering consistent with restrictions established by the EPD will be implemented and
enforced by the City.
Section 2: Definitions
(a) “Address” means the “house number” (a numeric or alphanumeric designation) that, together with the
street name, describes a physical location of a specific property. “Even numbered address” means a
house number ending with the number 0, 2, 4, 6, 8, or no house number. “Odd number address”
means a house number ending with the number 1, 3, 5, 7, or 9.
(b) “Declared Drought Response Level” means one of four levels of drought that can be declared based
on the severity of drought conditions, with one being the least severe and four being the most severe.
(c) “Director” means the director of the environmental protection division as defined in this article.
(d) “Environmental Protection Division (“EPD” or “Division”) means an organizational unit of the
State of Georgia Department of Natural Resources (“DNR”), which has responsibility for
administration of the State of Georgia’s Rules for Outdoor Water Use (Ga.Comp.R.& Regs. Chapter
391-3-30) promulgated by the State of Georgia Board of Natural Resources.
(e) “Owner” means a person who owns real property or the person’s employee or agent.
(f) “Tenant” means any person other than the owner who has possession or the right of possession of
real property.
Section 3: Applicabilty
These rules apply to an entity, and its customers, permitted by the EPD for water withdrawal or for operation of a
drinking water system.
(a) Outdoor Water Use Schedule During Non-Drought Periods
(i) Outdoor water use other than exempted activities shall occur only as follows:
(A) Odd-numbered addresses: outdoor water use is allowed on Tuesdays,
Thursdays and Sundays.
(B) Even-numbered addresses: Outdoor water use is allowed on Mondays,
Wednesdays and Saturdays.
(b) Outdoor water use During Declared Drought Response Levels
(i) The Director of the Environmental Protection Division is authorized to make
drought declarations.
(ii) During declared drought conditions, outdoor water use other than activities
exempted in 391-3-30-05, shall occur only during scheduled hours on the
scheduled days.
(c) Declared Drought Response Level One – Outdoor water use may occur on scheduled days within
the hours of 12:00 midnight to 10:00 a.m. and 4:00 p.m. to 12:00 midnight.
(i) Scheduled days for odd-numbered addresses are Tuesdays, Thursdays and Sundays.
(ii) Scheduled days for even-numbered addresses are Mondays, Wednesdays and Saturdays.
(iii) Use of hydrants for any purpose other than firefighting, public health, safety or flushing
are prohibited.
(d) Declared Drought Response Level Two – Outdoor water use may occur on scheduled days within
the hours of 12:00 midnight to 10:00 a.m.
(i) Scheduled days for odd numbered addresses are Tuesdays, Thursdays and Sundays.
(ii) Scheduled days for even-numbered addresses are Mondays, Wednesdays and Sundays.
(iii) The following uses are prohibited:
(A) Using hydrants for any purpose other than firefighting, public health
safety or flushing.
(B) Washing hard surfaces, such as streets, gutters, sidewalks and driveways
except when necessary for public health and safety.
(e) Declared Drought Response Level Three – Outdoor water use may occur on the scheduled day
within the hours of 12:00 midnight to 10:00 a.m.
(i) The scheduled day for odd-numbered addresses is Sunday.
(ii) The scheduled day for even-numbered addresses and golf course fairway is Saturday.
(iii) The following uses are prohibited:
(A) Using hydrants for any purpose other than firefighting, public health,
safety or flushing.
(B) Washing hard surfaces, such as streets, gutters, sidewalks, and driveways
except when necessary for public health and safety.
(C) Filling installed swimming pools except when necessary for health care or
structural integrity.
(D) Washing vehicles, such as cars, boats, trailers, motorbikes, airplanes and
golf carts.
(E) Washing buildings or structures except for immediate fire protection.
(F) Non-commercial fund-raisers, such as car washes.
(G) Using water for ornamental purposes, such as fountains, reflecting pools,
and waterfalls except when necessary to support aquatic life.
(f) Declared Drought Response Level Four - NO OUTDOOR WATER USE IS ALLOWED,
other than for activities exempted in 391-3-30-05, or as the EPD Director may order.
Section 4: Exemptions
(a) This rule shall not apply to the following outdoor water uses:
(i) Capture and re-use of cooling system condensate or storm water in compliance with
applicable local ordinances.
(ii) Re-use of gray water in compliance with applicable local ordinances.
(b) The following established landscape uses are exempt from the outdoor watering use schedules
of the rule.
(i) Use of reclaimed wastewater by a designated user from a system permitted by EPD
to provide reclaimed wastewater.
(ii) Irrigation of personal food gardens.
(c) Newly (in place less than thirty days) installed landscapes are subject to the following:
(i) Irrigation of newly installed landscapes is allowed any day of the week, but only
during allowed hours for the drought response level in effect, for a period of 30 days
following installation. No watering is allowed during Drought Response Level Four.
(ii) For new landscapes installed by certified or landscape professionals, commercial
exemptions apply.
(d) The following golf course outdoor water uses are exempt from outdoor water use schedules of
this rule:
(i) Use of reclaimed wastewater by a designated user from a system permitted by EPD
to provide reclaimed wastewater.
(ii) Irrigation of fairways during times of non-drought and Declared Drought Response
Level One.
(iii) Irrigation of tees during times of non-drought and Declared Drought Response
Levels One, Two and Three
(iv) Irrigation of greens.
(e) The following commercial outdoor water uses are exempt from the outdoor water use schedules of
this rule:
(i) Professionally certified or licensed landscaper, golf course contractors, and sports
turf landscapers; during installation and 30 days following installation only.
Professional landscapers must be certified or licensed for commercial exemptions
to apply.
(ii) Irrigation contractors: during installation and as needed for proper maintenance and
adjustments only.
(iii) Sod producers.
(iv) Ornamental growers.
(v) Fruit and vegetable growers
(vi) Retail garden centers
(vii) Hydro-seeding.
(viii) Power-washing.
(ix) Construction sites.
(x) Producers of food and fiber.
(xi) Car washes.
(xii) Other activities essential to daily business.
(xiii) Watering-in of pesticides and herbicides of turf.
Section 5: Enforcement and Penalties:
(a) No resident or customer shall use or allow the use of water in violation of the restrictions
contained in this ordinance.
(b) The City of Milton shall be the enforcement authority for this article. The Mayor may also
authorize other departments in the city as may be deemed necessary to support enforcement.
(i) Violators of this article shall be subject to the following schedule of administrative
penalties:
(A) First violation. Written notice posted at the property where the violation
occurred.
(B) Second violation and subsequent violations. A citation will be issued to
requiring an appearance in Municipal Court and shall be punishable by a fine of
up to one thousand dollars ($1,000.00).
Ar City of Milton
13000 Defield Parkway, Suite 107, Milton, Georgia 30004
CIN COUNCIL AGENDA ITEM
TO: City Council; PATE: October 24, 2007
FROM: Interim City Manager
AGENDA ITEM: Approval of a Resolution Amending Resolution No. 06-1 1-1 2 to change
authorized signers and City contact information for the Georgia Fund 1
state investment pool account.
MEETING DATE: Thursday, November j, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages ,f necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: RAPPROVED() NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (1 YES HNO
CITY ATTORNEY REVIEW REQUIRED: ()YES ENO
APPROVAL BY CITY ATTORNEY (1 APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: 11 01 2001
REMARKS:
-- - - - -- . , City of Milton .------
'"t 4.-115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
%.
To: Honorable Mayor and City Council Members
From: Stacey R. Inglis, Finance Manager 3
Date: October 19, 2007 for Submission onto the November 1, 2007 City Council
Meeting
Agenda Item: Amendment ~f Resolution 06-1 1-1 2 changing authorized signers and City contact
information for the Georgia Fund 1 state investment pool account
CMO (City Manager's Office) Recommendation:
Adopt an amended resolution 06-1 1-12 changing the authorized signers and City contact
information for the Georgia Fund 1 state investment pool account.
Background:
The original resolution, adopted November 21, 2006, lists Carol Wolfe and Aaron Bovos as the
authorized signers for the Georgia Fund 1 account. It also has the transition office address and
phone number as the City contact information. Changes to this information are required to be
done through a resolu!ion.
Discussion:
The Georgia Fund 1 is a public sector mutual fund for Georgia cities, counties, and school
districts and was created to allow local governments to consolidate and invest idle funds. The
'Fund" allowable investments mirror those investments that can be purchased directly by local
governments. Those investments include obligations issued, insured or guaranteed by the
federal government (treasury bills, etc.). By consolidating funds from all pool participants, local
governments can receive a higher rate of return on investments than they possibly would
receive by investing Individually. The funds are not locked into longer maturities, so the liquidity
is flexible.
Participants in the Georgia Fund 1 in essence own a pro rata interest in the securities pool
based on their level of participation. The Fund's primary objective is the preservation of capital
contributions with yield maximization the secondary objective.
Currently, the City does not have any funds invested in the Georgia Fund 1 account. All idle
funds have been transferred to a money market account where the interest rate was once
comparable-At last check, the rate of return was slightly higher with the Georgia Fund 1.
However, without the ability to withdraw funds due to outdated authorized signers, the funds
have been kept in an accessible account.
Staff recommends approval of an amended resolution to update the authorized signers and the
City contact information.
\\iofilsmROl\miltong\U5ers~yInglis.cityof!My Decuments!Georgia Fund 1\MemoGeorgia Fund 1.-
,'I=-I-P" City of Milton
-. -. . .-. -..--A ---------.-. --. . .<*. 5 115 Perimeter Center Plm NE Suite 785 Atlanta, Georgia 30346
'-~ .
Alternatives:
The only alternative is to not update the infomation and to continue investing funds in the
money market account.
Concurrent Review:
Chris Lagerbloom, City Manager
ATTACHMENTS:
Original resolution adopted on November 21, 2006
~I~~l~mll\miltonSIUsers~.ingli~OocurnentslGewgiaFund I\Mmo Georgia Fuml 1.dx
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 06-1 1-12
A RESOLUTION AUTHORIZING DEPOSITS INTO THE GEORGIA FUND t STATE
INVESTMENT POOL FOR INVESTMENT PURPOSES
The Council of the City of Milton hereby resolves while in special session on the 21'' day of
November, 2006 at 4:30 pm.:
WHEREAS, it is necessary from time to time to establish fees for services; and
WHEREAS, Ga. Code Ann. 36-83-1 to -8 (1997) aulhorises Georgia local governments and other
authorized entlt~es to invest funds through the local government investment pool, and
WHEREAS, from time to time it may be advantageous to the City of Milton to deposit funds available for
investment in Georgia Fund 1 (heremafter referred to as the IocaZ government investment pool) as it may
deem appropriate; and
WHEREAS, to provide for the safety of such funds depos~ted in the local government investment pool,
investments are restricted to those enumerated by Ga. Code Ann. 36-83-8 (1997) under the direction of
the State Depository Board, considering first the probable safety of capital and then the probable income
to be derived; and
WHEREAS, such deposits must first be duly authorized by the governing body of the local government or
authorized entity and a certified copy of the resolution authorizing such investment filed with the Director
of the Office of Treasury and Fiscal Services; and
WHEREAS, such resolution must name the official(s) author~zed to make deposits or withdrawals of
funds in the local government investment pool; and
WHEREAS, Ga. Code Ann. 36-83-8 (1997) requires a statement of the approximate cash flow
requirements of the participating government pertaining lo the funds to accompany the authorization to
invest such funds at the time such deposits are duly authorized;
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that funds of the City of Milton
may be deposited from time to time in the manner prescr~bed by law and the applicable policies and
procedures for the local government investment pool.
BE 1T FURTHER RESOLVED THAT
1 Any one of the folowlng individuals shall be authorized to deposit andlor withdraw funds from
the local government investment pool on behalf of such government or other authorized ent~ty
(if a listed ~ndividual is employed by an entity other than the depositor, indicate employer):
Carol R. Wolfe. Citv Treasurer. Cjtv of Milton, 770-730-5599, carol wolfe@cityofmiltonqa.us
Aaron Bovos, C~tv Manaqer, Citv of Milton. 770-730-6359, aaron.bovos@cityofmiltonqa.us
2. All withdrawals from the local government investment pool shall be wired to the following
participant's demand deposrt account:
Bank of North Georqia CI~Vof Milton Concentration Account
(Local Bank Name) (Account Jbtte)
SIP//702-90 (000 94/3 vc &t~,~c,,
(ABA Number) (Account Number) (city,' State)
3. The local government investment pool shall mail the monthly statements of account to:
Carol Wolfe, Citv Treasurer
115 Perimeter Center Place. NE, Suite 785
Atlanta, Georqia 30346
4. Changes in the above authorization shall be made by cancellation or replacement resolution
delivered to the Office of Treasury and Flscal Serv~ces. Until such a replacement resolution is
received by the Office of Treasury and Fiscal Services, the above authorized individuals, local
government demand account instructions and statement mailing address(es) shal! remain in full
force and effect.
5. The following schedule represents the period in which existing balances are currently expected
to remain invested in the local government investment pool:
30% 30 days or less;
30% more than 30 days but less than 90 days;
40% 90 days or longer. :@,Georgia this -$%h'w,L-Pw-20&.
(signatureof ~d'dof Governing Authority)
: /
Joe ~ockwbod
(Please Print or Type -Head of Governing Authority)
Mayor, Citv of Milton
(Title)
h
ot -n*fi.22&~20&
(Notary Public) 1
JEANETPE R MARCHIAFAVA
Please complete and return an original copy to, Notary PuMic, Futtan Go, GA
My Commission Expres August 29,3239
Georgia Fund I
Office of Treasury and Fiscal Services
200 Piedmont Avenue
Suite 1202, West Tower
Atlanta, GA 30334-5527
Telephone: (404) 651-8964 or (404) 656-2993
Toll Free: (800)222-6748
For Customer Use:For OTFS Use Only:
Acct Approved Auth Entered.
X I have an existing Acct. # 2330 Audit Wire Instructions
This resolution is for: Addr Entered Wire Templates
New Account Approval:
X Change to Existing Acct. # 2330 AD1
Res. form 2000A
AD2
STATE OF GEORGIA
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AUTHORIZING DEPOSITS INTO THA RESOLUT E GEORGIA FUND 1 STATE INVESTMENT POOLION AUTHORIZING DEPOSITS INTO THE GEORGIA FUND 1 STATE INVESTMENT POOL
FOR INVESTMENT PURPOSESFOR INVESTMENT PURPOSES
WHEREAS, Ga. Code Ann. §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorizedWHEREAS, Ga. Code Ann. §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorized
entities to invest funds through the local government investment pool, andentities to invest funds through the local government investment pool, and
WHEREAS, from time to time it may be advantageous to the City of Milton, Georgia to deposit funds available forWHEREAS, from time to time it may be advantageous to the City of Milton, Georgia to deposit funds available for
investment in Georgia Fund 1 (hereinafter referred to as the local government investment pool) as it may deeminvestment in Georgia Fund 1 (hereinafter referred to as the local government investment pool) as it may deem
appropriate; andappropriate; and
WHEREAS, to provide for the safety of such funds deposited in the local government investment pool, investmentsWHEREAS, to provide for the safety of such funds deposited in the local government investment pool, investments
are restricted to those enumerated by Ga. Code Ann. §36-83-8 under the direction of the State Depository Board,are restricted to those enumerated by Ga. Code Ann. §36-83-8 under the direction of the State Depository Board,
considering first the probable safety of capital and then the probable income to be derived; andconsidering first the probable safety of capital and then the probable income to be derived; and
WHEREAS, such deposits must first be duly authorized by the governing body of the local government orWHEREAS, such deposits must first be duly authorized by the governing body of the local government or
authorized entity and a certified copy of the resolution authorizing such investment filed with the Director of theauthorized entity and a certified copy of the resolution authorizing such investment filed with the Director of the
Office of Treasury and Fiscal Services; andOffice of Treasury and Fiscal Services; and
WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in theWHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the
local government investment pool;local govern andment investment pool; and
WHEREAS, Ga. Code Ann. §36-83-8 requires a statement of the approximate cash flow requirements of theWHEREAS, Ga. Code Ann. §36-83-8 requires a statement of the approximate cash flow requirements of the
participating government pertaining to the funds to accompany the authorization to invest such funds at the timeparticipating government pertaining to the funds to accompany the authorization to invest such funds at the time
such deposits are duly authorized;such deposits are duly authorized;
NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that funds of the City of Milton may beNOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that funds of the City of Milton may be
deposited from time to time in the manner prescribed by law and the applicable policies and procedures for the localdeposited from time to time in the manner prescribed by law and the applicable policies and procedures for the local
government investment pool.government investment pool.
BE IT FURTHER RESOLVED THAT:BE IT FURTHER RESOLVED THAT:
1. Any one of the following individuals shall be authorized to deposit and/or withdraw funds from the1.Any one of the following individuals shall be authorized to deposit and/or withdraw funds from the
local government investment pool on behalf of such government or other authorized entity (if a listedlocal government investment pool on behalf of such government or other authorized entity (if a listed
individual is employed by an entity other than the depositor, indicate employer):individual is employed by an entity other than the depositor, indicate employer):
Chris Lagerbloom, Interim City Manager, City of Milton, 678.242.2500, chris.lagerbloom@cityofmiltonga.usChris Lagerbloom, Interim City Manager, City of Milton, 678.242.2500, chris.lagerbloom@cityofmiltonga.us
Stacey Inglis, Finance Manager, CH2M Hill, 678.242.2500, stacey.inglis@cityofmiltonga.us
Jeanette Marchiafava, City Clerk, City of Milton, 678.242.2500, jeanette.marchiafava@cityofmiltonga.us
2. All withdrawals from the local government investment pool shall be wired to the following participant’s
demand deposit account:
Bank of North Georgia City of Milton Depository Account
(Local Bank Name) (Account Title)
261170290 100044262 Alpharetta, Georgia
(ABA Number) (Account Number) (City, State)
3. The local government investment pool shall mail the monthly statements of account to:
Stacey Inglis, Finance Manager
(Attention)
13000 Deerfield Pkwy, Suite 107G
(Address)
Milton, GA 30004
(City, State & Zip)
4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to
the Office of Treasury and Fiscal Services. Until such a replacement resolution is received by the
Office of Treasury and Fiscal Services, the above authorized individuals, local government demand
account instructions and statement mailing address(es) shall remain in full force and effect.
5. The following schedule represents the period in which existing balances are currently expected to
remain invested in the local government investment pool:
30% 30 days or less;
30% more than 30 days but less than 90 days;
40% 90 days or longer.
100 %
Entered at City of Milton , Georgia this day of 20 .
(Signature of Head of Governing Authority)
NOTARY SEAL Joe Lockwood
(Please Print or Type - Head of Governing Authority)
Mayor
(Title)
Sworn to and subscribed before me this day of 20 .
(Notary Public)
Please complete and return an original copy to:
Georgia Fund 1
Office of Treasury and Fiscal Services
200 Piedmont Avenue
Suite 1204, West Tower
Atlanta, GA 30334-5527
Telephone: (404) 651-8964 or (404) 656-2993
Toll Free: (800) 222-6748
Fax: (404) 656-9048
Georgia Fund 1 (local government investment pool) deposits are not guaranteed or insured by any bank, the
Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board, the State of Georgia or any other
agency.
City of Milton
43 ImKl Deefield Padway. Suite 107. Milton. Georgia 30004
Clb( COUNCIL AGENDA ITEM
TO: City Council PATE: October 24,2007
FROM: Interim City Manager
AGENDA ITEM: Approval to Amend the City Council Meeting Schedule and Work Session
Schedule.
MEETING DATE: Thursday, November 1,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach addrfional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED:
CITYATTORNEY REVIEW REQUIRED:
(1 YES
()YES
aQ.0NO
APPROVAL BY CITY ATTORNE Y () APPROVED () NUT APPROVED
PLACED ON AGENDA FOR: I\ Ot 7,007
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To:Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk/Clerk of Court
Date:October 24, 2007 for Submission onto the November 1, 2007 Regular City Council
Meeting
Agenda Item: Approval to Amend the City Council Meeting Schedule and Work Session
Schedule
CMO (City Manager’s Office) Recommendation:
Approve the amended City Council meeting and Work Session schedule to effectuate meeting
dates and times that provide for public participation and balance the schedule.
Background:
The City of Milton is committed to conducting City business in a manner that complies with all
legal requirements, fosters citizen confidence in City government, and promotes efficient and
effective government operations. As a part of our open and transparent government process, the
Mayor and City Council adopted a revised meeting schedule on February 1, 2007. Since
adoption, several conflicts have been identified and are discussed below.
Discussion: The goal of any meeting schedule is to provide advance notice to the elected
officials, staff, and the public of when formal business will be conducted by the municipality.
Because of conflicts and potential benefits to changing the schedule, the following amendments
are proposed:
1)Cancel the December 13, 2007 Work Session. A Special Called meeting is proposed
for that date;
2)Schedule a Special Called Council Meeting on December 13, 2007;
3)Cancel the December 20, 2007 regularly scheduled meeting.
Alternatives: N/A
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Page 1 of 1
CITY COUNCIL MEETING SCHEDULE
November 14, 2006 Special
November 21, 2006 Special
November 30, 2006
December 7, 2006
December 21, 2006
January 4, 2007 Regular Meetings
January 18, 2007
February 1, 2007
February 15, 2007
March 1, 2007
March 15, 2007
April 12, 2007
April 19, 2007
May 3, 2007
May 17, 2007
June 7, 2007
June 21, 2007
July 19, 2007
August 2, 2007
August 16, 2007
September 6, 2007
September 20, 2007
October 4, 2007
October 18, 2007
November 1, 2007
November 15, 2007
December 6, 2007
December 13, 2007 Special
WORKSHOP SESSION SCHEDULE
2007
January 25, 2007
February 8, 2007
March 8, 2007
April 26, 2007
May 10, 2007
June 14, 2007
July 12, 2007
August 9, 2007
September 13, 2007
October 11, 2007
November 8, 2007