HomeMy WebLinkAboutPacket-11-15-2007CITY 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 15, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-423)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) REPORT OF ELECTION RESULTS
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
6) PUBLIC COMMENT
7) REPORTS AND PRESENTATIONS
1. A proclamation declaring December 1, 2007 as Commissioning Day.
(Presented by Councilmember Lusk)
8) PUBLIC HEARING
PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
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 15, 2007 - 7:00 PM
(Agenda Item No. 07-427)
1 Approval of Alcoholic Beverage License Application for Casa De Tontos, LLC D/B/A/
Sip Wines located at 12635 Crabapple Road, Suite 120, Milton, GA 30004. Applicant is
John Foster Smith for Package Sales for Wine. .
(Presented by Tami Hanlin, Operations Director)
END OF PUBLIC HEARING
9) CONSENT AGENDA
(Agenda Item No. 07-424)
1. Approval of the October 18, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-425)
2. Approval of the November 1, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-279)
3. Approval of Land Development Final Plats:
a) Minor Plat revision Rivercliff change amenity lot
b) Final Plat Kingsley Estates 45 new lots
c) Final Plat revision Kingsley Estates change addresses
d) Final Plat revision The Manor 1-A move SSE
e) Final Plat revision Crabapple Station move lot lines
f) Final Plat revision The Manor 2-W change SSE
g) Minor Plat Westwood Estates 2 new lots
h) Minor Plat Chatham Providence 2 new lots
i) Final Plat Milton Place 27 new lots
j) Minor Plat Milton Manor 3 new lots
k) Final Plat Centennial Village 29 new lots
l) Final Plat revision Lake Deerfield II change building 19
m) Minor Plat Kingsridge Properties 2 new lots
(Tom Wilson, Community Development Director)
8) ZONING AGENDA
(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). (Second Reading)
(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 15, 2007 - 7:00 PM
(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. (Second Reading)
(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. (Second Reading)
(Presented by Tom Wilson, Community Development Director)
(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. (Second Reading)
(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. (Second Reading)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-417) (Second Reading)
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)
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 15, 2007 - 7:00 PM
(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. (Second Reading)
(Presented by Tom Wilson, Community Development Director)
9) FIRST PRESENTATION
(Agenda Item No. 07-426)
1. Approval of Amendments to Chapter 7, Alcohol Beverage Licenses, of the Code of
Ordinance for the City of Milton, Georgia.
( Presented by Carol Wolfe– CH2M Hill-OMI)
10) UNFINISHED BUSINESS
(Agenda No. 07-431)
1. Approval of an Ordinance Annexing 1400 Mayfield Road.
(Mark Scott, City Attorney)
(Agenda No. 07-432)
2. Approval of an Ordinance establishing solid waste collection services within the City of
Milton; providing for the scope and nature of the operation; providing for the disposal of
garbage, solid waste and refuse; requiring the execution by service providers of a non-
exclusive agreement with the City of Milton; providing procedures for the handling of
complaints; providing for an infrastructure maintenance fee; requiring indemnity
insurance; providing for revocation and amendment; prohibiting assignment and
subletting without consent; providing for forfeiture; and for making other provisions.
(Chris Lagerbloom, Interim City Manager)
11) NEW BUSINESS (None at this time)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
(Agenda Item No. 07-428)
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.
4 TeCity of Milton
130M Deerf~eldPahway.Suite TQ7, Milton. Georgia 30W
ClTY COUNCIL AGENDA ITEM
TO: City Council PATE: November 8,2007
FROM: Interim City Manager
AGENDA ITEM:
Approval of Alcoholic Beverage License Application for Casa De Tontos, LLC D/B/A/
Sip Wines located at 12635 Crabapple Road, Suite 120, Milton, GA 30004. Applicant is John
Foster Smith for Package Sales for Wine.
MEETING DATE: Thursday, November 15,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages ~fnecessary)
See attached memorandum
APPROVAL BY C/TY MANAGER: { ) NOT APPROVED
CITY A rrORNEY APPROVAL REQUIRED: (I YES $NO
CITYA770RNEY REVIEW REQUIRED: (I YES P
APPROVAL BY ClTY ArrORNEY ()APPROVED (1 NOT APPROVED
To: Honorable Mayor and City Council Members
From: Tami Hanlin, Operations Director
Date: Submitted on October 25, 2007 for November 15, 2007 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Casa De Tontos,
LLC., d/b/a Sip Wines.
CMO (City Manager's Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Sip Wines for package sales for wine.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Casa De Tontos, LLC -D/B/A Sip Wines
Owner(s) Name: John Foster Smith
Business Address: 12635 Crabapple Rd, Suite 120
Type of License to be Issued: Package -Wine
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Tom Wilson, Director of Community Development
Charles Millican, Interim Public Safety Director
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
/y&/" City of Milton
13000 O~i-lieldParkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
f 0: City Council DATE: November 8,2007
FROM: Interim City Manager
AGENDA ITEM:
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 behveen the building and the
right of way (Article 12.H.3.5.F.3);3 j To increase the buiIding setback along the right of way
(Article 12H.3.5.C.1).
MEETING DATE: Thursday, November 15,2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (3 NOT APPROVED
CiTY ATTORNEY APPROVAL REQUIRED: )YES @
CITY A77ORNEY REVIEW REQUIRED: () YES NO
APPROVAL BY CITY ATTORNEY () APPROVED (1 NOTAPPROVED
PLACED ON AGENDA FOR: 11 1% 2007
REMARKS:
PETITION NUMBER(S):
U07-003
VC07-007
PROJECT NAME
The Church of Jesus Christ of Latter Day Saints
PROPERTY INFORMATION
ADDRESS 2540 Hopewell Road
DISTRICT, LAND LOT 2/2, 678 & 679
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING N/A
ACRES 5.97
EXISTING USE Abandoned residence and a barn
PROPOSED USE Church
OWNER Bob Swetnam
ADDRESS 2540 Hopewell Road
PETITIONER/REPRESENTATIVE Jon Erickson
ADDRESS 3525 Mall Boulevard, Suite 6A
Duluth GA, 30096
PHONE 770-622-9858
INTENT
To develop a 16,728 square-foot church with 199 fixed seats.* In addition, the
applicant requests a 3 part concurrent variance to: 1) Reduce the 75’ buffer and 10’
improvement setback to a 25’ buffer and 10’ improvement setback along the south
and west property lines (Article 12H.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). Based on the applicant’s
revised site plan (9/11/07), there is no longer a need for part 1 of the concurrent
variance.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 1 of 21
UP07-003 VC07-007
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL – U07-003
DENIAL – VC07-007 PARTS 2 AND 3
WITHDRAWAL – VC07-007 PART 1
CITY OF MILTON PLANNING COMMISSION
This item was deferred on August 28, 2007 to allow the applicant to revise his site
plan. On September 25, the Planning Commission reviewed the revised site plan
and asked if the applicant would consider relocating the septic field to the front
along Hopewell Road and locate the parking to the rear of the building.
The applicant researched the proposed redesign and concluded that a pump
would need to be installed to service the septic field since it is located higher
than the building. The applicant has concluded that this would not be feasible
for the church. Therefore, the applicant is requesting to WITHDRAW this petition at
the October 23, 2007 meeting.
WITHDRAWAL – U07-003
WITHDRAWAL – VC07-007 PARTS 1-3
7-0
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 2 of 21
UP07-003 VC07-007
LOCATION MAP
11/8/2007
UP07-003 VC07-007
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 3 of 21
CURRENT ZONING MAP
11/8/2007
UP07-003 VC07-007
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 4 of 21
SITE PLAN – July 3, 2007
(see revised plan dated September 11, 2007)
11/8/2007
UP07-003 VC07-007
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 5 of 21
REVISED SITE PLAN – September 11, 2007
11/8/2007
UP07-003 VC07-007
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
Page 6 of 21
View from Cogburn Road
View from Hopewell Road
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 7 of 21
UP07-003 VC07-007
Existing utility boxes
SUBJECT SITE:
The subject site is a 5.97 acre tract of agriculturally zoned land, located on the
southwest corner of the Hopewell Road and Cogburn Road intersection. The
subject site is developed with an abandoned residence and a barn. It is
located within the Agricultural, Forestry and Mining Land Use designation on the
Focus Fulton 2025 Comprehensive Land Use Plan.
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
Northeast 1
(AG-1)
AG-1 (Agricultural)
Champions View Subdivision
1 unit/acre
(Est. 3,500 sq.ft.)
Further East 2
(AG-1)
AG-1 (Agricultural)
Clearbrook Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
East 3
(AG-1)
AG-1 (Agricultural)
Undeveloped
N/A
South/West 4
(AG-1)
AG-1 (Agricultural)
Various SF Residential
1 unit/acre
(Various sq.ft.)
Northwest 5
(AG-1)
AG-1 (Agricultural)
Bethwell Community Center
N/A
North 6
(AG-1)
AG-1 (Agricultural)
Atlanta Equine Clinic
N/A
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 8 of 21
UP07-003 VC07-007
EXISTING USES AND ZONING MAP
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 9 of 21
UP07-003 VC07-007
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.10 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.
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 may generate an increase in traffic, but recommended
conditions should mitigate the increase in traffic.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of ninety-three
(93) parking spaces for the proposed development. Article 12H.3.5.F.3
does not permit parking to be located to the front of a building and/or
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 10 of 21
UP07-003 VC07-007
between a building and the right-of-way. The applicant is requesting a
concurrent variance to allow parking between the building and the street
which will be discussed later in the report. The applicant’s revised site
plan indicates one-hundred seventy-six (176) parking spaces which
exceed the requirements set out by Article 18.2.1, furthermore the parking
spaces are not located outside the 60-foot front yard building setback as
required by Article 19.4.10.B.2 along Hopewell Road.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately half of the subject
site remains undeveloped. Staff is of the opinion that the proposed
development will provide adequate open space for the proposed
development, but the amount of open space would be greater without
the proposed excessive parking.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay District, the buffer and
landscape strips and the existing screening around the structures will
provide adequate screening for the proposed development.
H. Hours and manner of operation;
The applicant has stated that the operations for the church will be
primarily on Sunday with the potential of up to three (3) overlapping
services. The first service would begin around 9:00 a.m. and the
overlapping services would last into the afternoon. There will be two
congregations or “wards” meeting at the same time for approximately an
hour. One ward would be in the sanctuary while the other would be
meeting in the classrooms. The applicant specified that this particular
church would most likely start off with two (2) services on Sunday, with the
potential of a third given a need. The facility also has the potential to
hold community gatherings during the week, but these are subject to
demand. Staff is of the opinion that this use will not negatively impact the
adjacent properties if the Staff’s Recommended Conditions are
implemented to minimize the increased number of trips generated by the
use. Typically, this type of use is utilized by residents and employees who
are already utilizing the surrounding road system.
I. Outdoor lighting;
At the time of Land Disturbance Permit the site shall be in compliance with
Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor
lighting. Staff notes that the subject site’s required buffers, and existing
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 11 of 21
UP07-003 VC07-007
screening, will help mitigate the impact of lights on the adjacent
properties.
J. Ingress and egress to the property.
The applicant’s site plan indicates one curb cut on both Hopewell Road
and Cogburn Road. Staff further notes that the Traffic Engineer estimates
618 trips per day with 232 peak hour trips (Sunday). Given the limited use
of the subject site, Staff is of the opinion that the proposed development
will have limited impact upon the community.
SITE PLAN ANALYSIS
The applicant met with Staff on August 30, 2007 to discuss the various issues
raised by Staff, the Planning Commissioners and the Design Review Board. The
revised site plan and the following site plan analysis is a result of this meeting.
Based on the applicant’s revised site plan submitted to the Community
Development Department on September 11, 2007, Staff offers the following
considerations:
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
• Church • 1 spaces per 3.5 fixed seats • 176 paved spaces
(199 fixed seats) (57 spaces)
Total 57 spaces required 176 spaces provided
Staff notes that the applicant is providing one-hundred seventy-six (176) parking
spaces, which exceeds the required fifty-seven (57) parking spaces required per
Article 18 of the City of Milton Zoning Ordinance. The number of spaces have
been reduced by ten (10) from the previous site plan. The site plan is compliant
with the landscape islands and layout requirements of Article 12H.3.1B. It
requires that the applicant provide a 10 foot landscaped island for every 72 feet
of double row length or 90 feet of single row length of parking spaces.
Use Permit Standards
Per Article 19.4.10.B.2 no parking shall be located within the main front yard
setback. The site plan shows parking with the front building setback along
Hopewell Road. It appears that there is sufficient parking and the 8-10 spaces
can be eliminated or relocated. The required buffers and landscape strips
required by the Northwest Overlay District supersede those of the use permit.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 12 of 21
UP07-003 VC07-007
Northwest Overlay District
BUILDING SIZE, ORIENTATION, SETBACK, HEIGHT, SCALE, AND PARKING
Article 12H.3.5.F.3. requires no on-site parking shall be located to the front of a
building and/or between a building and the public right-of-way. Parking shall be
located adjacent to internal streets, not a public right-of-way. The site plan
indicates parking adjacent to Hopewell and Cogburn Roads. As mentioned
above, the site exceeds the minimum number of parking spaces by 129 spaces.
Based on the revised site plan submitted on September 11, 2007 the applicant
has reduced the total number of parking spaces, and exceeds the required
amount by 119. It appears that if the site was reconfigured by adjusting the
building position, compliance with parking location could be attained.
Therefore, Staff recommends DENIAL of Part 2 of the Concurrent Variance VC07-
007.
BUILDING SETBACKS
Article 12H.3.5 Section C of the Northwest Overlay District requires a maximum
20-foot building setback from the edge of the required landscape strip and/or
easements for all properties and lots located adjacent to public rights-of-way
from 0 to 400 feet from an intersection. The applicant is requesting a concurrent
variance to increase the setback from 20 feet to 50 feet adjacent to Cogburn
Road and 200 feet adjacent to Hopewell Road. Based on the revised site plan
submitted on September 11, 2007 the applicant has met the maximum building
setback along Cogburn Road but not along Hopewell Road. Therefore, Staff
recommends DENIAL of Part 3 for the Hopewell Road frontage of Concurrent
Variance VC07-007 along Hopewell Road.
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum
height limit of two stories with the maximum height 30 feet from average-finished
grade to the bottom of the roof eave. The applicant has not specifically
indicated the height of the proposed structure, but must meet this standard
before obtaining a building permit.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section C.2 of the Northwest Overlay District requires a 75’
undisturbed buffer, with a 10’ improvement setback, located adjacent to all
AG-1 zoning districts and all property zoned, used, or developed for residential
uses. The applicant requested a concurrent variance to reduce this undisturbed
buffer to a 25’ undisturbed buffer with a 10’ setback along the south and west
property lines. Based on the revised site plan submitted on September 11, 2007
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 13 of 21
UP07-003 VC07-007
the applicant no longer needs Part 1 of the concurrent variance. Therefore,
Staff recommends WITHDRAWAL of Part 1 of Concurrent Variance VC07-007.
PUBLIC INVOLVEMENT
On July 25th, 2007 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were approximately
twenty to twenty-five (20-25) members of the community in attendance. Those
members of the community expressed concerns about the potential traffic
impact on the Hopewell and Cogburn intersection. Furthermore, concern was
expressed about the location of the proposed septic field, and how it might
impact a nearby well used for drinking water.
The applicants presented their plan to the Milton Design Review Board on
August 7th, 2007.
Public Comments – Staff has not received any comments via e-mail, phone, or
letters.
City of Milton Design Review Board Meeting – August 7, 2007
The following recommendations were made by the DRB:
• Building design should have more of a historical context—do not limit to
stock design.
• Explore changes to orientation of building—should be no more than 20’
off landscape strip, per Overlay requirements.
• Employ 360 degree architecture concepts. Possibly, orient building
towards corner.
• Move steeple from end of building more to interior.
• Currently, building is not the style that the community is looking for.
• Tremendous opportunity for landscaped area at corner, around utility
equipment.
• Reduce number of parking spaces.
• Re-work site so that buffers are not reduced.
• Bio detention ponds encouraged.
• Work with adjacent property owners concerning deceleration lane.
City of Milton Design Review Board Meeting – September 13, 2007
The following recommendations were made by the DRB:
• Place the building in front of corner.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 14 of 21
UP07-003 VC07-007
Public Notice Requirements
The use permit petition was advertised in the Milton Herald on August 8th, 2007
and the sign was installed before the required date of August 13th, 2007 along
the frontages of Hopewell Road and Cogburn Road. The notice of rezoning was
sent, to adjacent property owners, on August 3rd, 2007.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 days prior
to the Mayor and City Council meeting.
CONCLUSION
The proposed 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. Staff however recommends DENIAL of PARTS 2 AND 3 and
WITHDRAWAL of PART 1 of VC07-007. A set of Recommended Conditions are
included if the Mayor and City Council chooses to approve the proposed
development as submitted.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 15 of 21
UP07-003 VC07-007
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 16,728 square feet.
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 11, 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 owner’s agreement to the following site development
considerations:
a)
b)
No more than one (1) exit/entrance on both Hopewell Road and
Cogburn Road. Curb cut locations and alignments are subject to
the approval of the Milton Traffic Engineer.
To meet and not exceed parking requirements, when calculated
using Article 18 Shared Parking; to utilize pervious materials for
overflow and perimeter parking spaces or as approved by the
Transportation Engineer.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a. Reserve Right of Way to the City of Milton the necessary property
frontage of the following roadways, prior to the approval of a Land
Disturbance Permit, sufficient land as necessary to provide for
compliance with the Transportation Master Plan and the adjacent
developments, according to the definitions in the newly established
Right of Way Ordinance.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 16 of 21
UP07-003 VC07-007
b. Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following rights-
of-way, and dedicate at no cost to the City of Milton such additional
right-of-way and construction as may be required to:
i. Provide 40 feet of right-of-way along the property frontage
from the centerline of Cogburn Road
ii. Provide Right of way mitre at the intersection as approved by
the Transportation Engineer
iii. Provide crosswalks at Cogburn/Hopewell/Francis intersection
as determined by the Transportation Engineer
iv. Lane width addition to twelve feet, Shoulder rehabilitation
and addition of two foot paved shoulder for limits of overlay
as approved by the Transportation Engineer
v. Overlay and striping of full width of Hopewell and Cogburn
the length of property lines plus any additional taper lengths
necessary, and the limits of the intersection to the return radii
or as approved by the Transportation Engineer.
vi. Provide adequate right-of-way dedication for addition of the
following or as approved by the Transportation Engineer:
a. Symmetrical NB Left Turn Lane on Cogburn Rd into site
b. Symmetrical EB left turn lane on Hopewell Rd into site
c. Trails are required to be installed, fencing installed, trail easements
recorded, and an agreement signed for participation in the Adopt A
Trail program and shared use by the public of parking lot for trail users.
Access points and trail locations shall be along Cogburn on the west
side and along Hopewell Rd on the north side (to end at the Bethwell
Community Center) or as approved by the Transportation Engineer.
d. Driveway entrances shall meet the Community Service Policies and
AASHTO guidelines, or roads be reconstructed to meet such criteria, at
the approval of the Transportation Engineer. Driveway entrances shall
provide for the 95% queue with uninterrupted traffic flow onto the main
line and/or a minimum throat length of one hundred feet.
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. Locations shall be as approved by the
Stormwater Engineer.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 17 of 21
UP07-003 VC07-007
b. Stormwater detention facility shall utilize vegetative measures for water
quality. Individual Land Disturbance Permits/building permits are
strongly encouraged to utilize GASWCC limited application controls
such as infiltration trenches, porous surfaces, rain gardens, etc.
c. The site shall be limited to 75% impervious at maximum build-out.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 18 of 21
UP07-003 VC07-007
APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Transportation:
Road name: Hopewell Road and Cogburn Road
Classification: Collectors, rural 2 lane typical sections
Speed Limits: Speed Limits: Hopewell, Cogburn, and Francis are all 45mph. (Applicant map
states 35mph)
Anticipated Traffic Generation Rates: 232 peak hour total (Sunday), 618 total 24hr 2-way
Intersection Analysis by applicant:
Growth rate of 3%
Existing Level of Service Proposed Future LOS
Cogburn Rd/Hopewell Rd
EB (Hopewell) A B
WB (Francis) A B
NB (Cogburn) A B
SB (Hopewell) B B
Hopewell/North side driveway
WB (Hopewell) NA A
NB (North site driveway) NA A
Cobgurn Rd/East side driveway
EB (east site driveway) NA B
NB (cogburn) NA A
Comments:
• The proposed mitigation conditions of zoning are in accordance with the Right of Way
Ordinance Section 3.2.d. Rural roadway design at this neighborhood area will not
incorporate right turn lanes, thus serving as a traffic calming tool for this Collector. Left
turns are required for operational safety. Staff notes that use permit should state no
daycare or school use is included at this point in time.
Fulton County Health Department:
Comments:
• This department recommends that the applicant be required to connect the proposed
development to public water available to the site.
• Due to the inaccessibility of public sewer to serve the proposed development, this
department recommends that individual onsite sewage management systems be
utilized. However, the “Design Limits for conventional or chamber Septic Tank Systems”
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 19 of 21
UP07-003 VC07-007
for County Health Department as defined by Georgia Department of Natural Resource
(DNR) are limited by size and subsurface introduction of effluents. Onsite sewage
management systems having a septic tank capacity of greater than ten thousand
(10,000) gallons, or where the total length of absorption trenches required, would exceed
three thousand (3000) linear feet, or where the total absorption trench bottom area
required, would exceed nine thousand (9000) square feet, will be governed and placed
under the statutory authority and jurisdiction of the Department of Natural Resources.
• Due to the inaccessibility of public sanitary sewer to sewer the proposed development,
this department recommends that individual onsite sewage management systems be
utilized. However, this department will require all necessary percolation and soil data,
required layouts, and supportive data be submitted for review and determined
acceptable prior to preliminary plat and/or Land Disturbance Permit (LDP) approval.
• Since this proposed development constitutes a premise where people work, live, or
congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.
• Since this development utilizes an onsite sewage management system, the owner must
obtain approval from this department prior to issuance of a building permit and before
building construction or renovation.
• This facility must comply with the Fulton County Clean Indoor Air Ordinance.
• If this proposed development includes a food service facility, the owner must submit
kitchen plans for review and approval by this department before issuance of a building
permit and beginning construction. The owner must obtain a food service permit prior to
opening.
• This department is requiring that all existing structures to be demolished must be
inspected by a certified pest control operator to insure that the premise is rat free. If
evidence of rodent infestation is found, the property must be baited prior to demotion.
• If this proposed development includes an existing individual onsite sewage management
system(s), and the system(s) will be abandoned, it shall be abandoned in accordance
with Fulton County regulations.
• 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 Tax Assessor:
Property Tax ID#: 22-5060-0679-040-6
Water and Wastewater (Sewer):
Comments:
• This information does not guarantee that adequate water volume and pressure are
available at this time or will be adequate upon application of permits. Please contact
the Department of Public Works for more information.
Sewer:
Basin: Little River
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 20 of 21
UP07-003 VC07-007
Comments:
• This information does not guarantee that adequate sewer capacity is available at this
time or will be available upon application of permits. Please contact the Fulton County
Department of Public Works for more information.
Stormwater:
Disturbed Area: Not listed on application
Impervious Area: Not listed on application; site plan shows a site with less than 75% impervious
currently
Flood Panel Number: Not listed on application
Zone: Not listed on application
Structures proposed in the floodplain: None according to proposed site plan and City GIS
Hydrology:
Percent Site Impervious: Not listed on application
Type of Detention Proposed: Graded dry earthen pond
Comments:
• A concept Stormwater meeting with the Stormwater Engineer is required. The design
and layout shown with the rezoning site plan may or may not meet all minimums required
by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans,
after said concept meeting. Staff notes that the submitted site plan shows likely
inadequate detention area locations.
City of Milton Fire Marshal:
Comments:
• No comment
Public Safety Department:
Comments:
• The proposal will have a minimal impact on police services.
*Based on the revised site plan dated September 11, 2007
Prepared by the Community Development Department for the
Mayor & City Council Meeting on November 15, 2007
11/8/2007 Page 21 of 21
UP07-003 VC07-007
C CityofMilton
13000 Deerfield Parkway,Suite 107, Milton, Georgia 30004
-
CITY COUNCIL AGENDA ITEM
TO: City Council PATE: November 8,2007
FROM: Interim City Manager
AGENDA IfEM:
RZ07-007/ VC07-005-Southeast corner of Hwy 9 & Deerfield Pkwy -To rezone from
A (Medium Density Apartments) & C-l (Community Business) to C-1 (Community Business)to
develop a 141,511 square feet of retaiI, commercia1, service, ofice and accessory uses including
fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shaII
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 I00 feet to 25 feet
and the 10-foot improvement setback; 2.) To delete the 1OVmdscape strip along the south
property line. 3.) To allow a loading area within the front yard.
MEETING DATE: Thursday, November 15,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY A7TURNEY APPROVAL REQUIRED: ()YES KNO
CSN ATTORNEY REVIEW REQUIRED: ()YES HNO
APPROVAL BY Cl TY ATTORNEY ()APPROVED () NOT APPROVED
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
11/8/2007 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
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
LOCATION MAP
11/8/2007
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
11/8/2007
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
11/8/2007
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
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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.
Prepared by the Community Development Department for the
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
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.
Prepared by the Community Development Department for the
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
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.
Prepared by the Community Development Department for the
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11/8/2007 Page 9 of 36
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
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.
Prepared by the Community Development Department for the
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
EXISTING USES MAP
11/8/2007
RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
Prepared by the Community Development Department for the
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Page 11 of 36
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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R/A 84Z-223
R/P 84Z-224
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
Prepared by the Community Development Department for the
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RZ07-007/VC07-005
R/A 84Z-223
R/P 84Z-224
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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R/A 84Z-223
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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.
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City of Milton Police Department:
Possible increase in traffic congestion and vehicle crashes.
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Appendix B
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A
City of Miltonq 13000 Meld Parkway,Suite 107. Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: November 8,2007
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 DATE: Thursday, November 15,2007 Regular Meeting
BACKGROUND INFORMATION: (Attach addttronal pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (1 NOT APPROVED
C/P/ ATTORNEY APPROVAL REQUIRED: ()YES )(NO
CS TY A TTORNEY REYIE W REQUIRED: ()YES )(NO
APPROVAL BY CITY ATTORNEY () APPROVED I) NOT APPROVED
PLACED ON AGENDA FOR: I1 1s 2-007
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
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LOCATION MAP
U07-005
11/8/2007
U07-005
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CURRENT ZONING MAP
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SITE PLAN – September 5, 2007
11/8/2007
U07-005
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SUBJECT SITE – Entrance into school
SUBJECT SITE – Upper School & Pre Upper Middle (Under Construction)
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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.
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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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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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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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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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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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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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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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City of Milton-
13000 Deerfield Parkway,Suite 107, Milton, Georgia 30004
CITY COUNCjL AGENDA ITEM
TO: City Council DATE: November 8,2007
FROM: Interim City Manager
AGENDA ITEM:
W7-013 -Zoning Ordinance Article 12H.2, Northwest Overlay District -Demolition
Permit for both residential and non-residential buildings.
MEETING DATE: Thursday, November 15,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additronal pages ~fnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED
/'
CITY ATTORNEY APPROVAL REQUIRED: (&YES 11 NO
CITY ATTORNEY REVIEW REQUIRED: R YES 0No
APPROVAL BY CITY ATTORNEY ($ APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: \I Is zoo-?
REMARK3
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
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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, Primary Variance, and Land Disturbance Permit
and for both residential and non-residential structures for a Demolition Permit.
DEVELOPMENT STANDARDS. This section establishes standards for
Deleted: Land Disturbance Permit,
Building Permit, Demolition Permit
Deleted: Primary Variance 12H.3.
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.
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
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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
4. Location of interior landscape islands shall vary from row to row to
avoid a grid pattern and rectilinear layout.
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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.
D. Accessory site features, as defined in each zoning district of the Zoning
Ordinance, shall be placed in the least visible location from public
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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.
1. Mandatory Requirements - Pedestrian Path Design Standards
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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
encouraged.
D. Paths are allowed to perpendicularly cross landscape strips.
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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.
I. Exterior lighting shall not exceed two (2) foot candles.
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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
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
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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.
b. For each 80 feet of building exterior wall, there shall be a
change in details, or patterns or materials.
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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).
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
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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)
to solids which ranges from no less than 30 percent to no greater
than 50 percent of the building exterior.
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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.
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
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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.
12H.3.8.1 Sign Structure Colors.
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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.
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
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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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Deleted: Northwest Fulton
Deleted: of Northwest Fulton
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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City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CIN COUNCIL AGENDA ITEM
TO: City Council DATE: November 8.2007
FROM: Interim City Manager
AGENDA ITEM:
WW7-014 -Zoning Ordinance Article 12A.3.8, Overlay District Authority, Amend
deadline for consideration of Certificate of Endorsement by the Dm.
MEWING DATE: Thursday, November 15,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: @ YES (1 NO
CITY ATTORNEY REVIEW REQUIRED: YES (3 NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
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
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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
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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
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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
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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
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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
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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
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City of Milton Zoning Ordinance
(U City of Milton
13000 Deerfieid Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: November 8,2007
FROM: Interim City Manager
AGENDA ITEM:
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 Fdton Overlay District
12F -Smdtown Overlay District
125 -Chattahoochee Hill Counhy Overlay District
12K -South Fdton Parkway Overlay Dishict
12L -Cliftondale Overlay District
12M -Cedar Grove Overlay District
MEETING PATE: Thursday, November 15,2007 Regular Meeting
BACKGROUND INFORMA RON: (Attach additional pages ,f necessary)
See attached memorandum
APPROVAL BY ClTY MANAGER: APPROVED (1 NOTAPPROVED
I
CITY ATTORNEY APPROVAL REQUIRED: () YES ~QNO
CITY ATTORNEY REVlEW REQUIRED: (1 YES KNO
APPROVAL BY CITYATTORNEY (1 APPROVED () NOT APPROVED
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
C City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: November 8,2007
FROM: Interim City Manager
AGENDA ITEM:
ZMO7-006 -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 15,2007Regular Meeting
BACKGROUND lNFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY ClTY MANAGER: APPROVED () NOT APPROVED
CITY A rrORNEY APPROVAL REQUIRED: ()YES ~QNO
CITY ATTORNEY REVIEW REQUIRED: ()YES &NO
APPROVAL BY CITY ATTORNEY ($ APPROVED (1 NOTJPPROVED
PLACED ON AGENDA FOR: 1 7
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
11/8/2007 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
11/8/2007 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
11/8/2007 Page 3 of 9
ZM07-006
ZM07-006 LOCATION MAP
11/8/2007
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
11/8/2007 Page 5 of 9
ZM07-006
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2007
11/8/2007 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
11/8/2007 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
11/8/2007 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
11/8/2007 Page 9 of 9
ZM07-006
n
'q~(" City of Milton
13000 O&eld Parkway, Suite 107, Y Iton, Georgia 300M
ClTY COUNCIL AGENDA ITEM
TQ : City Council DATE: November 8,2007
FROM: Interim City Manager
AGENDA IfEM:
Approval of Amendments to Chapter 7,AEcohoI Beverage Licenses, of the Code of
Ordinance for the City of Milton, Georgia.
MEETING DATE: Thursday, Novernber 15,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach addrt~onalpages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: YES 0 NO
CIP/ ATTORNEY REVSEW REQUIRED: ~ E S 0 NO
APPROVAL BY CITY ATTORNEY (3 APPROVED () NOTAPPROVED
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CH2M Hill Director of Operations
Date: Submitted on October 25 for November 15, 2007 City Council Meeting
Agenda Item: Approval Revisions to Chapter 7 Code of Ordinances – Alcohol Beverage
Licenses
CMO (City Manager’s Office) Recommendation:
Approve the recommended revisions to the ordinance governing Alcohol Beverage Licensing.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license. The original ordinance was approved by the City Council on November 21, 2006.
Subsequent to that approval, the Department of Operations put into place business processes
and procedures to effectively issue Alcohol Beverage Licenses in compliance with the
ordinance. During the implementation of the ordinance provisions, staff has realized that
sections of the ordinance require revision and in several areas, additions to ordinance are also
recommended.
Discussion:
The major changes reflected in the revision to Chapter 7 include:
1) Addition of the advertising requirements as part of the new license application
process
2) Deletion of the appointment of an Alcohol License Review Board and the addition of
the recognition of the Mayor and Council as the review board and deleting all
reference to board member expiration
3) Deletion of all reference to fingerprint requirements as part of new applications,
renewal applications and pouring permits.
4) Deletion of all reference to noise prohibitions – this item is covered in the City’s
separate noise ordinance
5) Addition of provisions for wine tasting events
6) Minor clarifications to the pouring permit application process
7) Clarification regarding the issuance of a temporary pouring permit for a special event
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Charles Millican, Interim Public Safety Director
Tami Hanlin, Operations Director
1
Chapter 7: Alcohol Beverages
ARTICLE 1: General Provisions
Section 1: Sale in city; license a privilege
(a) Alcohol beverages may be sold in the City under a license granted by the Mayor and City
Council upon the terms and conditions provided in this section.
(b) All licenses in this chapter shall be a mere grant of privilege to carry on the business during
the term of the license, subject to all terms and conditions imposed by this Code and state law.
(c) All licenses pursuant to this chapter shall have printed on the front these words: "This
license is a mere privilege subject to be revoked and annulled, and is subject to any further
ordinances which may be enacted."
(d) Any holder of a license issued pursuant to this chapter is required to apply for and obtain an
alcohol beverage license from the state before any sales commence. Additionally, City licensees
are required to abide by all applicable state regulations and laws.
State law references: Permit or license from governing authority required for wholesale or retail
sales of alcohol beverages; due process guidelines; fingerprints, O.C.G.A. § 3-3-2.
Section 2: Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
(a) “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
(b) “Alcohol beverage” means and includes all alcohol, distilled spirits, beer, malt beverage,
wine or fortified wine as defined in this section.
(c) “Beer or malt beverage” means any alcohol beverage obtained by the fermentation of any
infusion or decoction of barley, malt, hops, or any other product, or any combination of such
products in water containing not more than six percent alcohol by volume, and including ale,
porter, brown, stout, lager beer, small beer, and strong beer. Also included are beverages known
as "non-alcohol" beer," which is made by fermentation of any infusion or decoction of barley,
malt, hops, or other products, and containing less than three percent, but more than one-tenth
percent (0.1%) alcohol by volume. The term "malt beverage" does not include sake, known as
Japanese rice wine.
(d) “Bottle house” means any place of business open to the public or any private club which
allows guests, patrons or members to bring in and consume the guest’s, patron’s or member’s
alcohol beverages on the premises.
Page 1 of 43
(e) “Brewpub” means any eating establishment in which beer or malt beverages are
manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-
5-36 for retail consumption on the premises and solely in draft form. As used in this article, the
term “eating establishment” means an establishment which is licensed to sell distilled spirits,
malt beverages, or wines and which derives at least fifty (50) percent of its annual gross food and
beverage sales from the sale of prepared meals or food.
(f) “Distilled spirits or spirituous liquor” means any alcohol beverage obtained by distillation or
containing more than 21 percent alcohol by volume including, but not limited to, all fortified
wines.
(g) “Eating establishment” means any public place, including a place available for rental by the
public, selling prepared food for consumption by the public on the premises with a full service
kitchen. A full service kitchen will consist of a three-compartment pot sink, a stove or grill
permanently installed, and refrigerator all of which must be approved by the health and fire
departments. An eating establishment will be prepared to serve food every hour they are open
and will derive as least fifty percent (50%) of its annual gross food and beverage sales from the
sale of prepared meals or food.
(h) “Fortified wine” means any alcohol beverage containing more than twenty-one percent (21%)
alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by
natural fermentation with brandy added. Fortified wine includes, but is not limited to, brandy.
(i) “Governing authority” means the Mayor and City Council of Milton, Georgia.
(j) “Hotel” means any building or other structure providing sleeping accommodations for hire to
the general public, either transient, permanent, or residential. Such hotels shall maintain a
minimum of fifty (50) rooms available for hire and have one or more public dining rooms with
an adequate kitchen. Motels meeting the qualifications set out in this definition for hotels shall be
classified in the same category as hotels. Hotels shall have the privilege of granting franchises
for the operation of any licensed establishment described in this chapter and the holder of such
franchise shall be included in the definition of a hotel pursuant to this definition.
(k) “License” means an authorization granted by the City to operate as a retail consumption
dealer, retail package dealer or wholesale dealer.
(l) “Licensee” means the individual to whom a license is issued or, in the case of a partnership or
corporation, all partners, officers, and directors of the partnership or corporation.
(m) “Liter” means metric measurement currently used by the United States.
(n) “Manufacturer” means any maker, producer, or bottler of an alcohol beverage.
Manufacturer also means: in the case of distilled spirits, any person engaged in distilling,
rectifying, or blending any distilled spirits; in the case of malt beverage, any brewer; in the case
of wine, any vintner.
Page 2 of 43
(o) “Package” means a bottle, can, keg, barrel, or other original consumer container. Retail
package alcohol beverages shall include all alcohol beverages in their original container, sold at
retail to the final consumer, and not for resale.
(p) “Person” means any individual, firm, partnership, cooperative, nonprofit membership
corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust,
business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or
political subdivision, whether public, private, or quasi-public.
(q) “Pouring permit” means an authorization granted by the City to dispense, sell, serve, take
orders, or mix alcohol beverages in establishments licensed as a retail consumption dealer.
(r) “Retail consumption dealer” means any person who sells alcohol beverages for consumption
on the premises, at retail, only to consumers and not for resale.
(s) “Retail package dealer” means any person who sells unbroken packages, at retail, only to
consumers and not for resale.
(t) “Wholesaler or wholesale dealer” means any person who sells alcohol beverages to other
wholesale dealers, to retail dealers, or to retail consumption dealers.
(u) “Wine” means any alcohol beverage containing not more than twenty-one percent (21%)
alcohol made from fruits, berries, or grapes either by natural fermentation or by natural
fermentation with brandy added. Wine includes, but is not limited to, all sparkling wines,
champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines,
and like products. The term "wine" does not include cooking wine mixed with salt or other
ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be
deemed to be a wine at the point in the manufacturing process when it conforms to the definition
of wine contained in this section.
Section 3: Penalties for Violations of Chapter
Any person who violates any provisions of the sections in this chapter may, upon
conviction, be punished by a fine of not less than three hundred dollars ($300.00) for each
offense and/or up to thirty (30) days in the City Jail, unless a different penalty is set out in
specific sections of this chapter.
Section 4: Sale or possession for sale without license or beyond boundaries of premises covered
by license
It shall be unlawful for any person to sell or possess for the purpose of sale any alcohol
beverage where the person does not have a license granted by the City to sell or possess for sale
these alcohol beverages, or to sell or make deliveries beyond the boundaries of the premises
covered by the license. Violations of this section shall result in a fine of not less than three
hundred dollars ($300.00) and/or thirty (30) days in jail.
Page 3 of 43
Section 5: Distance requirements
(a) No person may sell or offer to sell any distilled spirit in or within one hundred (100) yards
of a church building or within two hundred (200) yards of any school building, educational
building, school grounds, or college campus.
(b) No person may sell or offer to sell any wine or malt beverage within one hundred (100)
yards of any school building, school grounds, or college campus.
(c) As used in this section, the term "school building" or "educational building" shall apply only
to state, county, city, or church school buildings and to such buildings at such other schools in
which are taught subjects commonly taught in the common schools and colleges of this state and
which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term
"school building" includes only those structures in which instruction is offered.
(d) The term "church building" as used in this section shall mean the main structure used by any
religious organization for purposes of worship.
(e) For purposes of this section, distance shall be measured by the most direct route of travel on
the ground and shall be measured in the following manner:
(1)From the main entrance of the establishment from which alcohol beverages are sold
or offered for sale;
(2)In a straight line to the nearest public sidewalk, walkway, street, road or highway by
the nearest route;
(3)Along such public sidewalk, walkway, street, road or highway by the nearest route;
(4)To the main entrance of the church building, or to the nearest portion of the school
grounds.
(f) No location which is licensed to sell alcohol beverages on the effective date of the ordinance
from which this section derives shall be denied continued operation under an existing license,
nor shall any new owner of the location be denied a new license based upon the measurements
set forth in this Section 5.
(g) As to any location licensed in the future, if the distance requirements in this section are met
at the time of issuance of any license, the subsequent opening and operation of a church or
school within the distance prohibited in this section shall not prevent the continuance of an
existing license or the issuance of a new license to any subsequent owner of such property.
Provided, however, that the distance requirements herein shall not apply at any location for
which a new license is applied for if the sale of alcohol beverages was lawful at such location at
any time during the 12 months immediately preceding such application.
State law references: Sales of alcohol beverages near churches, schools or college campus,
O.C.G.A. § 3-3-21.
Page 4 of 43
Section 6: Temporary licenses for the sale of alcohol beverages
(a) The City Manager is hereby authorized to issue temporary licenses for the sale of alcohol
beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth
in this section.
(b) Temporary licenses may be issued for such period as may be determined by the City
Manager, not to exceed sixty (60) days. No such license shall be issued unless:
(1)A written application for the same is filed with the City Manager.
(2)An application for a permanent license, together with payment in full fee thereof, has
been deposited with the City Manager.
(3)The City Manager is satisfied that the location for the proposed license substantially
complies with the provisions of the ordinance authorizing such license in Milton.
(4)The denial of a temporary license would create undue hardship upon the applicant,
such as the closing of an existing business or delaying of the opening of a new
business.
(5)There is payment of the fees prescribed by this section.
(6)There is an agreement by the applicant that the temporary license may be revoked,
with or without cause, by the City Manager at any time.
(c) The fee for issuance of a temporary license under this section shall be set by Resolution of the
City Council, and shall remain in effect from year to year, until modified or amended by
subsequent Resolution adopted by the City Council.
(d) The grant or denial of a temporary license under the provisions of this section shall not affect
or have any bearing upon the grant or denial of a permanent license.
State law references: Local license required for wholesale or retail sales of wine, O.C.G.A. § 3-6-
40.
Section 7: Separate application and separate license for each location of sale
Separate applications must be made for each location and separate licenses must be
issued.
Section 8: Application forms
(a) All persons desiring to sell alcohol beverages shall make application on the form prescribed
by the City Manager.
(b) The application shall include but shall not be limited to the name and address of the
applicant; the proposed business to be carried on; if a partnership, the names and residence
address of the partners; if a corporation, the names of the officers; the names and address of the
registered agent for service of process; the name of the manager(s); and the name of all
shareholders holding more than 20 percent of any class of corporate stock, or any other entity
having a financial interest in each entity which is to own or operate the establishment for which a
license is sought. If the manager changes, the applicant must furnish the City Treasurer’s office
Page 5 of 43
the name and address of the new manager and other information as requested within ten days of
such change.
(c) All applicants shall furnish data, fingerprints, financial responsibility and other records as
required by the City Manager and to ensure compliance with the provisions of this chapter.
Failure to furnish data pursuant to such request shall automatically serve to dismiss the
application with prejudice.
(d) All applications shall be sworn to by the applicant before a notary public or other officer
empowered by law to administer oaths.
(e) In all instances in which an application is denied under the provisions of this chapter the
applicant may not reapply for a license for at least one year from the final date of such denial.
(f) The City Manager shall provide written notice to any applicant whose application is denied
under the provisions of this chapter. Such written notification shall set forth in reasonable detail
the reasons for such denial and shall advise the applicant of the right to appeal under the
provisions of this chapter.
Section 9: Withdrawal of application
Any license application made pursuant to this chapter may be withdrawn by the applicant
at any time. If the application is withdrawn before the license is issued, any sums deposited as
license fees will be refunded less applicable processing fees. After issuance of the license, no
refunds will be made. No refunds shall be made under any circumstances for investigative and
administrative expenses required in this chapter.
Section 10: Licensing qualifications
(a) No license for the sale of alcohol beverages shall be granted to any person who is not a
citizen of the United States or an alien lawfully admitted for permanent residence.
(b) Where the applicant is a partnership or corporation, the provisions of this section shall apply
to all its partners, officers and majority stockholders. In the case of a corporation the license shall
be issued jointly to the corporation and the majority stockholder, if an individual. Where the
majority stockholder is not an individual, the license shall be issued jointly to the corporation and
its agent registered under the provisions of this chapter. In the case of a partnership, the license
will be issued to all the partners owning at least twenty percent (20%) of the partnership; or if no
partner owns 20 percent of the partnership, then the general partner, managing partner or the
partner with the greatest ownership will be licensed.
(c) No person shall be granted any alcohol beverage license unless it shall appear to the
satisfaction of the City Manager or his designee that such person, partners in the firm, officers
and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo
contendere, and has been released from parole or probation, to any crime involving moral
turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal
Page 6 of 43
possession or sale of alcohol beverages, including the sale or transfer of alcohol beverages to
minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public
indecency, prostitution, solicitation of sodomy, or any sexual related crime within a period of ten
years immediately prior to the filing of such application. At the time an application is submitted
for any alcohol beverage license, the applicant shall, by a duly sworn affidavit, certify that
neither the applicant, nor any of the other owners of the establishment, has been convicted or has
pleaded guilty or entered a plea of nolo contendere and has been released from parole or
probation to any crime involving moral turpitude, illegal gambling or illegal possession or sale of
controlled substances or the illegal possession or sale of alcohol beverages, including the sale or
transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of
prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any
sexual related crime within a period of ten years immediately prior to the filing of such
application. An applicant's first time conviction for illegal possession of alcohol as a
misdemeanor or violation of a City ordinance shall not, by itself, make an applicant ineligible for
an alcohol license. Should any applicant, partner, or officer used in the sale or dispensing of any
alcohol beverage, after a license has been granted, be convicted or plead guilty or nolo
contendere to a crime involving moral turpitude, illegal gambling or illegal possession or sale of
controlled substances or the illegal possession or sale of alcohol beverages, including the sale or
transfer of alcohol beverages, including sale or transfer of alcohol beverages to minors in a
manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency,
prostitution, solicitation of sodomy, or any sexual related crime, the license shall be immediately
revoked and canceled.
(d) No license for the sale of alcohol beverages shall be granted to any person convicted under
any federal, state or local law of any felony, within ten years prior to the filing of application for
such license.
(e) It shall be unlawful for any City employee directly involved in the issuance of alcohol
beverage licenses under this chapter to have any whole, partial or beneficial interest in any
license to sell alcohol beverages in the city.
(f) No license for the sale of alcohol beverages shall be granted to any person who has had any
license issued under the police powers of any jurisdiction within the State of Georgia previously
revoked within two years prior to the filing of the application.
(g) The City Manager may decline to issue a license when any person having any ownership
interest in the operation of such place of business or control over such place of business does not
meet the same character requirements as set forth in this section for the licensee.
(h) All licensed establishments must have and continuously maintain in Fulton County, Georgia
a registered agent upon whom any process, notice or demand required or permitted by law or
under this chapter to be served upon the licensee or owner may be served. This person must be a
resident of the county. The licensee shall file the name of such agent, along with the written
consent of such agent, with the City Manager and shall be in such form as he may prescribe.
Page 7 of 43
(i) All applicants for any alcohol beverage license must be of good character, and all operators,
managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall
be of good business reputation.
(j) A license application may be denied to any applicant for any alcohol beverage license where
it appears that the applicant would not have adequate financial participation in the proposed
business to direct and manage its affairs, or where it appears that the application is intended to be
a mere surrogate for a person or persons who would not otherwise qualify for a license for any
reason whatsoever.
(k) The City Manager, in his discretion, may consider any extenuating circumstances which
may reflect favorably or unfavorably on the applicant, application or the proposed location of the
business. If in his judgment circumstances are such that granting of the license would not be in
the best interest of the general public, such circumstances may be grounds for denying the
application.
(l) For purposes of this chapter, a conviction or plea of guilty of nolo contendere shall be
ignored as to any offense for which a defendant who was allowed to avail themselves of the
Georgia First Offender Act (1968 Ga. Laws, page 324), as amended. Except, however, that any
such offense shall not be ignored where the defendant violated any term of probation imposed by
the court granting first offender treatment or committed another crime and the sentencing court
entered an adjudication of guilt as to the crime for which the defendant had previously been
sentenced as a first offender.
(m)All applications for alcohol beverage permits shall be approved via ordinance by the City
Council. License applicants shall be required to meet all public hearing advertising notice
requirements as follows:
(1) The applicant for an original license shall, at his own expense, post a notice on the
premises to be licensed. The notice shall be posted for at least fifteen (15) days prior to the
date of the hearing. The notice shall be on a sign having a surface of not less than twelve
(12) square feet. The notice shall be painted or printed in black letters at least three inches
in height against a white background. The notice shall state:
(1) That an application for a license to sell alcoholic beverages on the premises has
been filed with the City of Milton;
(2) The type of license applied for;
(3) The time and place of the public hearing to be held on such license application;
and
(4)The names in which the license is to be issued.
The advertisement shall be placed with the base of the sign not more than three (3) feet from the
ground on the most conspicuous part of the premises, facing the most frequently traveled road,
street or highway abutting same, and not more than ten (10) feet there from.
The City Treasurer shall prepare and cause to be published a notice of each pending application,
which notice shall include the date the application will be considered by the City Council, the
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location or street number of the premises where the applicant proposes to conduct activities
permitted by this chapter and the name of the applicant. The applicant shall pay the publication
costs. The notice shall be published in a newspaper of general circulation within the city, and
shall appear once a week for two (2) weeks immediately preceding consideration of the
application by the City Council.
The license shall be issued following the approval of the ordinance by the City Council.
State law references: Governing authority shall set forth ascertainable standards pertaining to the
granting, refusal, suspension or revocation of alcohol beverage permits or licenses, O.C.G.A. §
3-3-2.
Section 11: License fee scale
Before a license may be granted, the applicant therefore shall comply with all rules and
regulations adopted by the Mayor and City Council regulating the sale of alcohol beverages and
each applicant shall pay a license fee in accordance with the scale fixed from time to time, by the
Mayor and City Council contained in section 12 and kept on file in the office of the City
Treasurer.
Section 12: Fees enumerated
License fees for the privilege of selling any alcohol beverage, either retail or wholesale,
shall be set by Resolution of the City Council, and shall remain in effect from year to year, until
modified or amended by subsequent Resolution adopted by the City Council. The license fees so
established shall be in addition to any excise tax lawfully imposed.
State law references: Maximum license fee, O.C.G.A. § 3-4-50.
Section 13: Collection of fees or taxes sums due
If any person shall fail to pay the sum due under this chapter, the City Manager or his/her
designee shall issue an execution against the person so delinquent and his property, for the
amount of the delinquent fee or tax.
Section 14: Transferability of license
(a) No license for the sale of alcohol beverages shall be transferable, except as otherwise
provided in this section.
(b) In case of the death of a licensee, the establishment shall be allowed to continue to sell
alcohol beverages for a period of forty-five (45) days from the date of death or until expiration of
the license or until approval of a new licensee, whichever shall first occur, provided that no sale
of alcohol beverages shall be allowed until such time as a personal representative of the estate,
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appointed by a probate court of competent jurisdiction, shall make application for authorization
with the City Manager.
(c) If a license is surrendered or a licensee severs his association with a licensed establishment,
the establishment may continue to sell alcohol beverages for a period of forty-five (45) days
from the date of surrender, or from the date determined by the City Manager to be the date of
severance, provided no such sale shall be authorized until such time as a new application for a
license is made. The application shall indicate that no change of ownership has occurred, except
as excepted in this section. Upon issuance of a new license, the authorization to sell under the
previous license shall be revoked by operation of law. No additional license fees shall be
required during the period for which the original license was issued.
(d) Nothing in this section, however, shall prohibit one or more of the partnership holding a
license to withdraw from the partnership in favor of one or more of the partners who were
partners at the time of the issuance of the license. This section shall not prohibit transfer of stock
between persons who held stock in the corporation at the time of issuance of the license nor shall
it prohibit transfers of stock which do not result in any person increasing his stock holdings to a
total of ten percent or more of any class of stock.
(e) Except as provided in subsections (a) through (d) of this section, any change in the
ownership of any entity owning a licensed establishment shall cancel and revoke any license
pursuant to this chapter automatically, without the necessity of any hearing.
(f) Violation of this section shall result in revocation of the license being used and a fine on the
new ownership and the old ownership of not less than three hundred dollars ($300.00) and/or
thirty (30) days in jail. No license will be issued to the old or the new owner in the county for
one year from the date of the violation.
(g) Should a licensee make application to the City Manager for a transfer of location and should
such a transfer of a location be approved, with no change of ownership of the business, the
license fee paid for the previous license shall be applied to the new location. Each applicant for
a transfer of location shall pay a transfer fee as set by Resolution of the City Council, and shall
remain in effect from year to year, until modified or amended by subsequent Resolution adopted
by the City Council (see Exhibit B – Fee Schedule). The license fees so established shall be in
addition to any excise tax lawfully imposed.
.
Section 15: Display of license at place of business
The City alcohol beverage license shall at all times be kept plainly exposed to view to the
public at the place of the business of the licensee.
Section 16: Expiration and renewal of license
(a) All licenses granted under this chapter shall expire on December 31, each year. Licensees
shall be required to file a renewal application (with the requisite fee enumerated in Exhibit B –
Fee Schedule) with the City Manager on the form provided for a new or renewal license for the
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ensuing year. The applicant shall be required to comply with all rules and regulations for the
granting of licenses each year, including the submittal of the required data in order to meet
criminal investigative compliance each renewal year.as if no previous license had been held.
Alcohol Beverage Licenses renewal applications and payments are due on or before November
15 of each year. Renewal applications and payments received between November 16 and
December 15 are subject to a ten percent (10%) late fee and a 1 percent (1%) per month simple
interest charge on the delinquent balance. Businesses failing to renew their alcohol licenses prior
to December 15 must reapply for an alcohol beverage license in which the application will be
treated as if no previous license had been held, including the requirement of investigative,
zoning, and distance requirements will be reviewed. Investigative and administrative costs will
be assessed as may be prescribed from time to time by the Mayor and City Council.
(b) All licenses granted under this chapter shall be for the calendar year, and the full license fee
must be paid for a license application filed prior to July 1 of the license year. One-half of a full
license fee shall be paid for any license application filed after July 1 of the license year except
for applications for temporary licenses under Section 6.
(c) Any person applying for a new license issued under this chapter who shall pay the required
fee, or any portion thereof, after January 1, shall, in addition to the annual fee and late charges,
pay simple interest of one percent (1%) per month on the delinquent balance.
Section 17: Automatic license forfeiture for nonuse
Any holder of any license under this chapter who shall for a period of three consecutive
months after the license has been issued cease to operate the business and sale of the product or
products authorized shall, after the three-month period, automatically forfeit the license without
the necessity of any further action.
Section 18: Suspension or revocation of license
The City Manager shall impose a suspension of a license, or revoke a license, upon
receiving information of occurrence of any one of the following events:
(a) A license may be denied, or immediately suspended or revoked where the licensee furnishes
fraudulent or untruthful information in the application for a license and for failure to pay all fees,
taxes or other charges imposed under the provisions of this chapter and state law.
(b) Whenever the state shall revoke any permit or license to sell alcohol beverages the City
license shall thereupon be automatically revoked. The public safety director, upon receiving
notice of the state revocation, shall take the necessary steps to see that signs are removed and that
all alcohol beverage sales cease.
(c) Any licensed establishment that is found to be in violation of the provisions of this ordinance
shall be subject to immediate license revocation.
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(d) The license shall be revoked of any licensee whose license has been suspended three or more
times in any consecutive twelve (12) month period.
(e) The license shall be revoked of a licensee of any premises where alcohol beverages have been
sold or distributed during a period of suspension.
(f) The license may be suspended or revoked of any establishment which does not meet the
licensing qualifications set forth in this chapter at any time such knowledge becomes known to
the City officials.
(g) An act or omission of a licensee, owner of more than twenty percent (20%) interest in the
licensed establishment, or employee of the licensee or licensed establishment willingly or
knowingly performed, which constitutes a violation of federal or state law or of any provision of
this chapter will subject the licensee to suspension or revocation of its license in accordance with
the provisions of this chapter, regardless of whether any criminal prosecution or conviction
ensues; provided, however, in the case of an employee, it shall be established that the acts of the
employee were known to or under reasonable circumstances should have been known to the
licensee, were condoned by the licensee, or where the licensee has not established practices or
procedures to prevent the violation from occurring.
(h) Whenever it can be shown that a license under this chapter no longer maintains adequate
financial responsibility upon which issuance of the license was conditioned, or whenever the
licensee has defaulted in any obligation of any kind whatsoever, lawfully owing to the City.
(i) Whenever this chapter permits suspension of any license, but does not mandate the period of
suspension, the following guidelines shall apply:
(1)First suspension in a twelve (12) month period shall not exceed thirty (30) days.
(2)Second suspension in a twelve (12) month period shall not exceed sixty (60) days.
(3)Third suspension in a twelve (12) month period shall cause a revocation of license
and result in the inability of licensee to obtain a license from the City for a term of
three (3) years from the date of revocation.
Section 19: License Review Board: Hearings
(a) There is hereby established a License Review Board (“Board”) consisting of the currently
seated Mayor and six council members. five (5) members appointed by the Mayor and Council.
Each member shall serve a term of four (4) years.
(b) The Board shall have the following duties:
(1)To hear deferred applications or appeals from administrative decisions by the City
Manager with regard to issuance of licenses, transfers, renewals, change of
ownership or other matters affecting such licenses.
(2)To hear appeals with regard to issuance or renewal of employee pouring permits.
(3)To hear any matter involving revocation or suspension of a license or other
disciplinary action against a licensee, or employee under a work permit.
(4)To consider and act upon any other matter specifically delegated to the Board by
City ordinance, resolution or action of the Council.
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(c) Applicants or licensees shall be given written notice of the date, time and place when the
Board will consider the respective matter. The applicant and interested parties shall be afforded
the opportunity to be heard by the Board and present evidence to the Board prior to making its
decision. No alcohol beverage license having been issued shall be suspended or revoked except
for due cause as defined in this section, after a hearing and upon written notice to the holder of
such license of the time, place and purpose of the hearing and a statement of the charge or
charges upon which the hearing shall be held. Ten (10) days notice shall be deemed reasonable,
but shorter or longer periods of notice shall be authorized as the Board may deem the
circumstances to justify. Due cause for the suspension or revocation of a license shall consist of
the violation of any laws or ordinances regulating the business or for the violation of any state or
federal law; or any reason which would authorize the City to refuse the issuance of a license; or
any violation of this chapter. Further, the public safety department shall notify the City Manager
of a licensee or anyone in the employ of a licensee (A) being charged with or arrested for selling
alcohol beverages (B) to an underage person or persons or (C) being convicted of selling alcohol
beverages to an intoxicated persons pursuant to O.C.G.A. § 3-3-22 during the current license
year. Once the City Manager becomes aware of such, charge(s), arrest(s) or conviction(s) he/she
shall place the matter before the Board for hearing. The Board, at said hearing and after receiving
evidence may order the license to sell or serve alcohol beverages be suspended or revoked if the
evidence so warrants. All decisions of the Board shall be in writing, and a copy furnished to the
applicant or licensee.
(d) The Board shall have the authority to hear or determine any matter set forth in this chapter
unless specifically prohibited there from.
(e) The decision of the Board shall be final unless appealed by applicant or licensee to the
Council within ten (10) days of the date of its written decision. The appeal shall be in writing and
filed with the City Clerk. The Council shall conduct a de novo hearing at a regularly scheduled
meeting within thirty (30) days of the filing of the appeal to hear evidence and, at conclusion of
such hearing render a decision to uphold the decision made by the Board, reverse the decision
made by the Board, or in its discretion, modify the decision made by the Board. The decision of
the Council shall be rendered not later than its next regularly scheduled meeting.
(f) The decision of the Council as rendered on an appeal under this article shall be final unless
licensee applies to the Superior Court of Fulton County by filing a Petition for Writ of Certiorari
within thirty (30) days of the decision rendered by the Council.
(g) The Board shall meet at such times as necessary as determined by the Board and shall render
decisions within a reasonable time. Three Four members of the Board shall constitute a quorum,
and all decisions of the Board shall require a majority vote of the quorum. Such meeting shall not
be scheduled later than thirty (30) days from the time a matter is filed for hearing or appealed to
the Board.
(h) The Mayor Board shall select one of its members to serve as chair and one member to serve
as secretary to serve at the pleasure of the Board.minutes and records of all proceedings shall be
recorded by the City Clerk and kept and maintained in the office of the City Clerk.
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Section 20: Notice
For the purpose of this chapter, notice shall be deemed delivered personally, or served by
certified mail within three days after the date of deposit in the United States mail.
Section 21: Advertising; location requirements; signs
(a) No outdoor advertising or signs with respect to the promotions of the sale of alcohol
beverages, or the prices of such beverages, shall be permitted on the exterior of any retail
package outlet, on the premises consumption dealer or in the windows of any such establishment
that may be viewed from outside.
(b) No signs shall be erected anywhere in the City advertising or promoting the sale of alcohol
beverages, except that a store displaying its merchandise may, in the same manner as such other
merchandise is displayed, erect a sign or signs indicating the counter on which the merchandise
is displayed provided the lettering of such signs does not exceed in size the lettering of such
signs on other counters where other products are sold. The name, brand or type of alcohol
beverage served and the price per serving may be provided to customers on a regular printed
menu.
(c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the
bottles or containers or on the shelf immediately below where the containers are placed, the price
of an alcohol beverage exposed or offered for sale. No other sign may be exposed prominently
within or without the retail establishment showing prices or indicating that alcohol beverages are
for sale on the premises.
(d) Alcohol beverages may not be priced on signs, menus or any place else allowed by this
Code except as to single units or unbroken package quantities.
Section 22: Audits of licensees
(a) If the City Manager deems it necessary to conduct an audit of the records and books of the
licensee, he shall notify the licensee of the date, time and place of the audit. The City Manager
may designate the city's internal auditor or other designated person to perform any audit
authorized in this Code. The licensee shall cooperate with the audit or forfeit any license(s)
issued under this chapter.
(b) All licensed establishments must maintain the following records for a three-year period and
make them available for audit at the licensed premises:
(1)Monthly income or operating statements.
(2)Daily sales receipts showing liquor, beer, wine and food sales separately (this
requirement does not apply to package beer and wine licensees).
(3)Daily cash register receipts such as Z tapes or guest tickets.
(4)Monthly state sales and use tax reports.
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(5)Federal income tax return with all Form 1099's.
The City Manager can waive all or some of the requirements of the foregoing sentence if the
City Manager finds that no such records exist and it is not financially practical based on the net
income of the licensed establishment to require them to keep such records.
Section 23: Retailer to purchase from licensed wholesaler only
(a) No retailer shall purchase alcohol beverages from any person other than a wholesaler
licensed under this chapter. No wholesaler shall sell any alcohol beverage to anyone other than a
retailer licensed under this chapter; provided, however, that this section shall not prohibit the
purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing
business.
(b) The City Manager or his/her designee may request, from time to time, information
concerning purchases and sales of alcohol beverages from retailers and wholesalers.
Section 24: Retail consumption dealers to store inventory only on premises
No retail consumption dealer licensed under this chapter shall keep any beer or malt
beverage or wine or other alcohol beverages at any place except the licensed place of business.
No retail consumption dealer shall be permitted to enter into any type of arrangement whereby
distilled spirits ordered by a licensee are stored by a licensed wholesaler.
Section 25: Addition to contents of alcohol beverages prohibited
No one shall add to or permit the adding to any alcohol beverage or refill any alcohol
beverage manufacturer's container in any manner.
Section 26: Poured alcohol to be transported by employees
Poured alcohol beverages will be transported from point of dispensing to the customer by
permitted employees only.
Section 27: Licensees to maintain a copy of this chapter; employees to be familiar with terms;
licensee responsible for violations
Each alcohol beverage dealer licensed under this chapter shall keep a copy of this chapter
in the licensed premises and shall instruct any person working there with respect to the terms of
this chapter; and each licensee, the licensee's agents and employees selling alcohol beverages
shall at all times be familiar with the terms of this chapter.
Section 28: Employment of underage persons prohibited; exceptions
(a) No person shall allow or require a person in his/her employment under eighteen (18) years
of age to dispense, serve, sell, or take orders for any alcohol beverage.
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(b) The provisions of this section shall not prohibit persons under eighteen (18) years of age
who are employed in supermarkets or convenience stores from selling or handling alcohol
beverages which are sold for consumption off the premises.
(c) It is unlawful for any person under the age of eighteen (18) years of age to work as an
entertainer in any establishment licensed under this chapter without written consent from parents
or guardian.
Section 29: Failure to require and properly check identification
It shall be a violation not to require and properly check identification to ensure that an
underage person is not sold, served, or does not have in his possession alcohol beverages while
in a licensed establishment. Identification in this section shall mean any document issued by a
governmental agency containing a description of the person, such person's photograph and
giving such person's date of birth and shall include, without being limited to, a passport, military
ID card, driver's license or state department of public safety ID card.
Section 30: Sales to underage persons prohibited
No holder or employee of the holder of a license authorizing the sale of alcohol
beverages, shall do any of the following upon the licensed premises:
(a) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other alcohol
beverage to any person under the age of twenty-one (21) years.
(b) The prohibition in subsection (a) of this section shall not apply with respect to the sale of
distilled spirits to a person when such person has furnished proper identification showing that the
person to whom the distilled spirits are being sold is twenty-one (21) years of age or older. For
the purposes of this subsection proper identification means any document issued by a
government agency containing a description of the person, such person's photograph, or both,
and giving such person's date of birth, including but not limited to, a passport, military
identification card, driver's license, or identification card authorized under an act to require the
department of public safety to issue identification cards to persons who do not have a motor
vehicle driver's license. Proper identification shall not include a birth certificate.
(c) Sell or offer to sell any alcohol beverages to any person who is noticeably intoxicated, who
is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to the
licensee or his employees.
(d) Sell alcohol beverages upon the licensed premises or permit alcohol beverages to be
consumed thereon, on any day or at any time when the sale or consumption is prohibited by law.
(e) No person who holds a license to sell alcohol beverages by the drink shall allow any minors
to be in, frequent or loiter about the licensed premises of the establishment or lounge unless such
minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such
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minors shall be permitted in eating establishments, indoor commercial recreational
establishments, or private clubs as defined in this chapter without being accompanied by a
parent, legal guardian, or custodian and provided further that this section shall not apply to
minors who are employees under the terms of this chapter.
(f) The penalty for violation of this section by an individual shall be as follows:
(1)For the first offense, a minimum fine of two hundred dollars ($250.00).
(2)For the second offense and subsequent violations within one year, a minimum fine of
five hundred dollars ($500.00).
(g) Any licensed establishment where three or more violations of this section, or Section 3-3-23
of the Georgia Alcohol Beverage Laws and Regulations, have occurred within any thirty-six (36)
month period shall be punished as follows:
(1)For the third offense within any thirty-six (36) month period, suspension of license(s)
for a period not to exceed 90 days.
(2)For the fourth and any subsequent violation within any thirty-six (36) month period,
suspension of license(s) for a period not to exceed one year. As to the penalties in
subsection (g), if there is a change in a majority of the licensed establishments'
owners, partners or shareholders, the violations under the old ownership shall not
count against the new owners; however, a different corporation, partnership or other
association will be charged with the violations of its predecessor(s) if a majority of
the owners, partners or shareholders are the same.
State law references: Furnishing to, purchase of, or possession by persons under twenty-one (21)
years of age of alcohol beverages; use of false identification; proper identification for sale of
alcohol beverages; dispensing, serving, etc., of alcohol beverages by persons under twenty-one
(21) years of age in the course of employment; seller's duty to request proper identification,
O.C.G.A. § 3-3-23.
Section 31: Purchase or possession of alcohol beverages by underage persons
(a) No person under the age of twenty-one (21) years of age shall purchase or possess any
alcohol beverage.
(b) No person under the age of twenty-one (21) years of age shall attempt to purchase any
alcohol beverage or misrepresent his/her age in any manner whatever for the purpose of
obtaining alcohol beverages.
Section 32: Regulations as to employees and manager
The following regulations shall apply to all establishments holding a license for
consumption of alcohol beverages on the premises:
(a) No person shall be employed to dispense, sell, serve, take orders, mix alcohol beverages, or
serve in any managerial position, by an establishment holding a license under this chapter until
such person has been fingerprinted or cleared by the public safety director or his designee,
indicating that the person is eligible for such employment.
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(b) This section shall not be construed to include volunteer groups with non-profit tax exempt
status from the Internal Revenue Service whose volunteer efforts financially benefit a non-profit
organization with no direct financial benefit, either by wages, tips or donations, to the individual
volunteer. No volunteer under the age of eighteen (18) shall be allowed to dispense, sell, serve,
take orders or mix alcohol beverages. Employees of a licensed establishment whose duties are
limited solely to those of busboy(s), cook(s), or dishwasher(s) shall also be excluded from this
section.
(c) No pouring permit shall be issued until such time as a signed application has been filed with
the City Manager police department, chief of police or designee, and upon paying a fee which
shall be established by the Mayor and City Council, and a search of the criminal record of the
applicant completed. The application shall include, but shall not be limited to, the name, date of
birth, social security number and prior arrest record of the person, though the fact of an arrest
record shall be used for investigative purposes only, and shall give rise to no presumption or
inference of guilt. Due to the inclusion of arrest information, These applications and the resulting
criminal investigative report shall be regarded as confidential and shall not be produced for
public inspection without a court order.
(d) The public safety director or his designee shall have a complete and exhaustive search made
relative to any police record of the applicant. person fingerprinted or cleared. If there is no record
of a violation of this chapter, the public safety director or his designee shall approve the issuance
of a permit to the person, by mail, stating that the person is eligible for employment. If it is
found that the person is not eligible for employment, the public safety director or his designee
shall notify the person, in writing, that they are not eligible for employment, the cause of such
denial and their right to appeal.
(e) No person shall be granted a pouring permit unless it appears to the satisfaction of the public
safety director or his designee, that such person has not been convicted or pled guilty or entered a
plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or illegal
possession or sale of controlled substances or the illegal sale or possession of alcohol beverages,
including the sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping
a place of prostitution, solicitation of sodomy, or any sexual related crime within a period of five
years of the date of conviction and has been released from parole or probation. A person's first
time conviction for illegal possession of alcohol as a misdemeanor or violation of a City
ordinance shall not, by itself, make a person ineligible for an alcohol pouring permit.
No person shall be granted a pouring permit who has been convicted, plead guilty or entered a
plea of nolo contendere to any federal, state, or local law for any felony within five years of the
date of conviction and has not been released from parole or probation prior to the filing for
application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo
contendere shall be ignored as to any offense for which defendant who was allowed to avail
themselves of the Georgia First Offender Act (Ga. Laws 1968, p. 324) as amended. Except,
however, that any such offense shall not be ignored where the defendant violated any term of
probation imposed by the court granting first offender treatment or committed another crime and
Page 18 of 43
the sentence in court entered an adjudication of guilt as to the crime for which the defendant had
previously been sentenced as a first offender.
(f) An alcohol pouring permit shall be issued for a period of one calendar year from the date of
the original application. As noted in subsection (k) below, the alcohol pouring permit must be in
the possession of the employee while the employee is working at the licensed establishment.
This permit must be in the possession of the employee while the pouring permit holder is
working and available for inspection by members of the public safety department or the City
Manager's staff. All persons employed to dispense, sell, serve, take orders, mix alcohol
beverages or serve in any managerial position in any establishment licensed under this chapter
shall be required to complete an alcohol awareness training program to become a certified
Alcohol Awareness Server, as defined in Section 43 of this Article, as a condition to the privilege
of continuing to maintain a valid alcohol pouring permit.
(g) No person shall be issued a permit if it is determined that the person falsified, concealed or
covered up any material fact by any device, trick or scheme while making application to the City
police department for an alcohol beverage pouring permit under this section. If it is determined
that a person is in violation of this subsection and a permit is denied for this reason, then thirty
(30) calendar days must elapse from the date of notification per certified mailing before a new
application and fee may be resubmitted.
(h) All permits issued through administrative error can be terminated and seized by the public
safety director or his/her designee or the City Manager or his/her designee.
(i) Replacement permit(s) will be issued within thirty (30) days of original date, upon paying
one-half of the fee(s) charged for an original alcohol pouring permit. After thirty (30) days of
original application date, a new application and fee must be submitted.
(j) All permits issued under this chapter remain the property of the City of Milton and shall be
produced for inspection upon demand of any City of Milton police officer or designee(s) or code
enforcement officer.
(k) No licensee shall allow any employee or manager required to hold a permit to work on the
premises unless the employee or manager has in their possession a current valid city pouring
permit. For new employees, application for a permit must be made within five (5) calendar days
of date of initial employment.receipt issued by the city police permit unit may be used for a
maximum of 30 days from the date of its issue.Licensees are required by this chapter to inspect
and verify that each employee has is required to have in his/her possession a valid City of Milton
alcohol pouring permit.
(l) It shall be the duty of all person(s) holding any license(s) to sell alcohol beverages to file
with the City chief of police or his/her designee,the name of the establishment, the license
number and a list of all employees, with their home addresses and home telephone numbers,
twice annually during the month of June and again during the month of December.
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(m) The licensee is required to maintain the exterior of the licensed premises, parking lot and all
parts of premises abutting public right-of-ways during all hours the business is open and to do an
inspection of the premises within three (3) hours after closing. The term “maintain” is defined as
keeping the defined areas free of bottles, cans, cups, trash and other litter.
Any person(s) convicted of any violation(s) of this section shall receive a fine in an amount not
to exceed state law.
Section 33: Open area and patio sales
(a) Alcohol beverage sales can be made by a licensed consumption on-premises establishment
in a patio/open area type environment if the establishment has been approved to do so by the
City Manager.
(b) The requirement for approval is that the patio/open area be enclosed by some structure
providing for public ingress/egress only through the main licensed premises. The purpose of this
requirement is to prevent a customer from leaving the outside sales area with an open drink
without the licensee's knowledge.
(c) The height of such structure shall be a minimum of three feet above ground level. It does not
have to be solid nor does it have to restrict visibility into or out of the patio/open sales area. It
must be permitted and approved by the city's building inspection department and the city's fire
department as required by their governing regulations or codes.
(d) The only exit from this type area is to be through the licensed establishment's main premises
and through an approved fire exit, not for general public use unless an emergency exists. The fire
exit should be of the type that sounds an alarm so that the establishment will be alerted in the
event of unauthorized use when no emergency exists.
(e) If a licensee desires a patio/open sales area inside an existing structure, plans will be
reviewed and approved on an individual basis by the City Manager Community Development
Department. Interior type patio/open sales areas must meet the requirements of the city's
development and fire codes.
(f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the
premises license from making sales and allowing consumption of alcohol beverages in
ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel, provided such
functions are catered in connection with a meeting, conference, convention or similar type
gathering at such hotel or motel. "Patio areas," as that term is used in this subsection, do not have
to conform to the standards in this section.
Section 34: No consumption outside premises
(a) It is prohibited for customers to leave the premises with open alcohol beverages, and it is
the licensee's responsibility to ensure that no open beverages are sold and carried out. However,
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nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages
for consumption at a publicly owned or privately owned golf course.
(b) It is prohibited for customers to gather outside an alcohol beverage establishment and
consume alcohol beverages.
(c) It is prohibited for the manager or any employee to allow persons to gather outside an
alcohol beverage establishment and consume alcohol beverages.
Section 35. Ancillary Wine Tasting Provisions
(a)The holder of a wine-only package store license shall be eligible for an ancillary wine
tasting license to provide samples of wine offered for sale to customers under the conditions
set forth in this chapter.
(b)Wine sampling shall be on limited occasions when a customer requests a sample of a wine
offered for sale within the premises or in conjunction with wine education classes and
sampling designed to promote wine appreciation and education.
(c)Wine tasting for customers shall only be conducted at a wine counter area constituting no
more than ten percent (10%) of the entire floor area of the premises.
(d)Wine sampling and tasting is only permitted within the enclosed portion of the premises.
(e)No open containers of wine shall be removed from the licensed premises.
(f)Wine sampling for customers shall be limited to no more than one time per week for a
period not to exceed a consecutive two-hour period in any one day.
(g)Samples shall not exceed two (2) ounces and no customer shall consume more than eight (8)
ounces in any two-hour period.
(h)Wine bottles shall be opened only by the licensee or an employee and samples shall only be
poured by the licensee or an employee.
(i)Holders of an ancillary wine tasting permit shall not charge for samples or tasting but may
accept donations for a charitable organization of their choice.
(j)There will be an annual fee to obtain an ancillary wine tasting permit and the fee shall be set
forth in the Alcohol Beverage License fee schedule and subject to change from time to time.
Section 35 36: Specifications of premises
No alcohol beverage license shall be issued to any person unless the building in which
the business will be located is complete and detailed plans of the building and outside premises
are attached to the application, or unless proposed plans and specifications and a building permit
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of a proposed building to be built are attached to the application. The completed building or the
proposed building shall comply with ordinances of the city, regulations of the state revenue
commissioner and the state. The proposed building shall also be subject to final inspection and
approval when completed by the building inspector. Each building in which the business will be
located shall contain sufficient lighting so that the building itself and the premises on all sides of
the building are readily visible at all times from the front of the street on which the building is
located so as to reveal all of the outside premises of such building. Each applicant for an alcohol
beverage license shall attach to the application evidence of ownership of the building or
proposed building, or a copy of the lease if the applicant is leasing the building. If the applicant
is a franchisee, then such applicant shall attach a copy of the franchise agreement or contract
with the application. All premises for which an alcohol beverage license shall be issued shall
afford therein adequate sanitary toilet facilities and shall be adequately illuminated so that all
hallways, passage ways and open areas may be clearly seen by the customers therein.
Section 36 37: Solicitation prohibited
No retail consumption dealers licensed under this chapter shall require, permit, suffer,
encourage, or induce any employee or person to solicit in the licensed premises for
herself/himself, or for any person other than the patron and guest of the patron, the purchase by
the patron of any drink, whether alcohol beverage or non-alcohol beverage or money with which
to purchase the beverage; nor shall any licensee pay a commission or any other compensation to
any person frequenting his establishment or to his agent or manager to solicit for herself/himself
or for the others, the purchase by the patron of any drink, whether alcohol beverage or non-
alcohol beverage or money with which to purchase the beverage.
Section 37: Noise from establishments prohibited
It shall be unlawful for any establishment licensed under this chapter to make or cause to
be made any loud, unnecessary or unusual sound or noise which unreasonably annoys, disturbs,
injures or endangers the comfort, repose, health, peace, or safety of others in the city, and which
is audible to a person of normal hearing ability from the nearest property line of the business in
question. In no event, however, shall any such loud, unnecessary or unusual sound or noise be
made by an establishment licensed under this chapter between the hours of 10:00 p.m. and 8:00
a.m.
Section 38: Inspection of licensed establishments by the public safety department
Sworn officers of the public safety department shall have the authority to inspect
establishments licensed under the alcohol beverages ordinances of the City during the hours in
which the premises are open for business. These inspections shall be made for the purpose of
verifying compliance with the requirements of this chapter and state law. This section is not
intended to limit the authority of any other City officer to conduct inspections authorized by
other provisions of this Code.
Section 39: Establishment can be closed in cases of emergency
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The public safety director, or his designee, may immediately close an establishment
licensed under this chapter in case of emergency, for the safety of the public or to investigate a
crime, for a period of time not to exceed twenty-four (24) hours.
Section 40: Sale on election days
(a) Pursuant to the delegation of authority granted to this governing authority by Act No. 750
(House Bill No. 247) approved April 10, 1985, amending O.C.G.A. § 3-3-20(b)(2)(B), the sale of
wholesale and retail of alcohol beverages, to wit: distilled spirits, wine and malt beverages, shall
be lawful during the polling hours of any election; provided, however, nothing herein shall
authorize the sale of alcohol beverages within two hundred fifty (250) feet of a polling place
during such time as the polls are open.
(b) All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
State law references: Local governing authority may authorize the sale of alcohol beverages on
election days, O.C.G.A. § 3-3-20.
Section 41. Bring your own bottle (brown bagging) prohibited
It is prohibited for any person to bring in his own alcohol beverage (brown bag) in any
establishment either licensed or unlicensed to serve alcohol beverages.
Section 42: Types of entertainment, attire and conduct prohibited
Pursuant to The Constitution of the State of Georgia Article 3, Section 6, Paragraph VII:
(a) No person shall perform on a premise licensed hereunder acts of or acts which constitute or
simulate:
(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law;
(2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or
(3) The displaying of any portion of the female breast below the top of the areola or the
displaying of any portion of any person’s pubic hair, anus, cleft of the buttocks,
vulva, or genitals.
(b) No person shall use on licensed premises artificial devices or inanimate objects to perform,
simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this
section.
(c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any
film, still picture, electronic reproduction, or any other visual reproduction or image of any act or
conduct described in subsection (a) or (b) of the section.
Section 43: Alcohol Awareness Training
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(a) Any person to whom an alcohol pouring permit is issued and all licensee’s managerial staff
shall be required to complete an alcohol awareness training program within thirty (30) days from
date the person is issued an alcohol pouring permit.
(b) All persons employed within the City as of the enactment of the ordinance, holding a valid
alcohol pouring permit, shall have through December 31,2006 2007, in which to complete an
alcohol awareness training program.
(c) The City Treasurer shall maintain a list of schools, training facilities and trade associations
located in Fulton County, Georgia that are authorized and approved by the City Manager to
conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention
procedures when customers become intoxicated.
(d) The training facilities shall issue, upon completion of the course, a certificate which shows
the individual has fulfilled the requirement for the course and is certified as an Alcohol
Awareness Server. The cost of the course will be the responsibility of the licensed establishment
that employs such server.
(e) The establishment employing individual(s) required to complete an alcohol awareness
program shall obtain the certificate(s) stating the employee(s) has successfully completed the
course and have the same delivered to the City Treasurer to be kept with the record(s) of the
employee(s) having an alcohol pouring permit.
(f) The privilege of a person to continue having a valid alcohol pouring permit is conditioned
upon completing an alcohol awareness program and having a certificate of course completion
provided to the City in a timely manner. Failure to do so is cause for suspension of the person’s
alcohol pouring permit.
Article 2: Retail Sales of Distilled Spirits for Consumption on the Premises
Section 1: Definitions
For the purpose of this article, the following definitions shall apply:
(a) “Applicant”means the person, partner, firm or corporation, as owner, or other entity
authorized to represent the business making application for the license.
(b) “Bottle house”means any place of business open to the public or any private club which
allows guests, patrons, or members to bring in and consume the guest’s, patron’s, or member’s
alcohol beverages on the premises.
(c) “Distilled spirits,”as defined in this article, means any alcohol beverage obtained by
distillation or containing more than twenty-one percent (21%) alcohol by volume including, but
not limited to, all fortified wine, as defined in O.C.G.A. § 3-1-2(9), as amended.
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(d) “Golf club”means a golf facility consisting of a clubhouse or a professional golf shop and a
regulation or executive length golf course of at least nine holes, as recognized by the United
States Golf Association, the Professional Golfers Association of America, and the Georgia State
Golf Association.
(e) “License”means the authorization by the Mayor and City Council to engage in the sale of
distilled spirits by the drink for consumption only on the premises.
(f) “Licensee” means any person, partner, firm, or corporation, as owner, holding a license to
engage in the sale of distilled spirits by the drink for consumption only on the premises.
(g) “Owner” means any person, corporation, or partnership or any other entity having a financial
interest in the income of the business. "Owner" shall also include any person, corporation or
partnership operating a business under a management contract.
(h) “Premises”means the definite closed or partitioned-in locality, whether room, shop, or
building wherein distilled spirits are dispensed for consumption on the premises by the drink.
Section 2: Violations of article; misdemeanor
(a) A violation of any section of this article shall be unlawful, the penalty shall be as provided
by law for misdemeanors. In addition, the license of any licensee contributing thereto shall be
subject to suspension or revocation in accordance with this article.
(b)Any such violation may be tried in the Municipal Court of Milton if no jury trial is
demanded, otherwise trial shall be in the State Court of Fulton County.
State law references: Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum
punishments which may be imposed for violations of city/county ordinances, O.C.G.A. § 36-1-
20(b).
Section 3: Condition of premises; restrictive acts
(a) The licensed premises shall be kept clean and shall be in full compliance with all regulations
of Milton governing the conditions of premises.
(b) The Fulton County Health Department shall regularly inspect such licensed premises to
determine that such licensed premises are in compliance with all Fulton County and state health
rules and regulations and report any violations to the City Manager or designee(s).
(c) Milton fire personnel or Fulton County fire personnel shall regularly inspect the premises to
see that they are in compliance with all Milton, Fulton County and state fire regulations and
report any violation to the City Manager or designee(s).
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(d) The Milton Community Development Department shall regularly inspect the licensed
premise(s) to determine if the premise(s) are in compliance with all technical code(s) of Milton
and Fulton County and report any violation to the City Manager or designee(s).
(e) Milton police personnel or Fulton County police personnel shall periodically inspect the
premise(s) to determine if the licensed premise(s) are in compliance with all provisions of this
article and report any violation to the City Manager or designee(s).
Section 4: Days allowed for sale
The sale of alcohol beverages on election day is limited to provision of state law, pursuant to
O.C.G.A. § 3-3-20.
The sale of alcohol beverages on Sunday and holidays is limited to provision of state law,
pursuant to O.C.G.A. § 3-3-20 and O.C.G.A. § 3-3-7.
Section 5: Hours
The sale of distilled spirits by the drink for consumption on premises shall be permitted
only during the following hours and days of the week, as indicated:
(a) Monday through Saturday, from 9:00 am. until 2:00 am. of the following day.
(b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any
licensed establishment which serves alcohol on Sunday shall derive at least fifty percent
(50%) of its total annual gross sales from the sale of prepared food or meals [see O.C.G.A. §
3-3-7 (j)(l)].
(c) All licensed premises shall close their premises to the public and clear the premises of
patrons within thirty (30) minutes after the time set in this section for discontinuance of the
sale of alcohol beverages on the premises.
(d) The sale of alcohol beverages shall not be permitted within two hundred fifty (250) feet of
any polling place on primary or election days
(e) The sale of alcohol beverages shall not be permitted on Christmas day [see O.C.G.A. § 3-
3-20]
(f) In addition to other requirements under this ordinance, a licensed premise for the sale of
distilled spirits by the drink shall comply with the following:
(1)The licensed business shall open its business each day it is open by not later than 5:00
pm.
(2)The licensed business shall offer to its patrons prepared food and meals during all
hours it is open.
(3)The licensed business shall have a fully equipped kitchen, including cooking range,
oven, refrigeration, food preparation area, sink and other items necessary for
preparation of food and meals to be served on the premises.
(4)Comply with all requirements of Article 1: General Provisions; Section 3, relating to
the manner by which premises shall be maintained.
(g) This section shall not apply to private clubs.
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Section 6: Conditions for a licensee's operation
(a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a
bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or
brand name of any alcohol beverage.
(b) Indication of prices. All licensees hereunder, except private clubs, shall display in
prominent places or on their menus, their current prices of alcohol beverages by the drink. The
licensee shall furnish to any customer that so desires an itemized bill of charges which shall not
exceed the established price list. The City Manager or the City Manager’s designee shall
regularly inspect the records of all sales of alcohol beverages for consumption on the premises
and total sales to determine that the licensee is in compliance with this article.
(c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall advertise in
any news media or by any other means the fact that alcohol beverages by the drink may be
purchased at such establishment; provided, however, that the licensees hereunder shall be
permitted to use the words "your favorite beverages served."
(d) Sale; location of. It shall be unlawful for any sales to be made outside of the building,
premises, or place of business licensed for such sale except as permitted herein.
(e) Opened original packages on licensed premises prohibited. It shall be unlawful for any
person except a licensee, his/her manager, or agent in charge of licensed premises, to carry into
or have in his possession on any licensed premises, any alcohol beverages in the original package
the seal of which has been broken or the original package opened, provided that this section shall
not apply to private clubs.
(f) Fingerprinting of employees.Employee pouring permits. No person may be employed by
an establishment holding a license hereunder until such person has been fingerprinted by the
public safety department and has been issued a letter of clearance by the public safety
department indicating the person has not violated any law defined by this article. Then a letter of
compliance has been issued by the public safety department indicating the person has not
violated any law defined by this article and is eligible for such employment . This shall include
performers, entertainers, bartenders, barmaids, bouncers, and musicians engaged in temporary
work, as well as regular employees.
(1)All persons subject to the provisions of this section shall, within five (5) days after the
date of their first work in an establishment holding a permit to sell alcohol beverages
by the drink to be consumed on the premises, submit an application to the City for an
alcohol pouring permit.
(2)The public safety department shall have a complete and exhaustive search made
relative to any police record of the applicant person fingerprinted. In the event there is
a violation of laws as defined in this article, the public safety department shall issue a
letter to the person fingerprinted applicant stating that the person is not eligible for
employment.
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(3)Excluded from the provisions of this section are employees whose duties are not in
any way involved with the preparation of or service of alcohol beverages; musicians
and entertainers, however, are not excluded.
(4)Any letter of eligibility for employment issued hereunder shall expire twelve (12)
months from the date of issue. The Mayor and City Council may prescribe reasonable
fees for certifying the eligibility of employment.
Section 7: No sales to minors or physically or mentally incapacitated persons
No licensee shall sell or permit to be sold alcohol beverages to a minor, as defined in O.C.G.A. §
3-3-23, as amended, which reads as follows:
(a) Except as otherwise authorized by law:
(1)No person knowingly, by himself or through another, shall sell, cause to be furnished,
or permit any person in his employ to sell or furnish any alcohol beverage to any
person under twenty-one (21) years of age.
(2)No person under twenty-one (21) years of age shall purchase or knowingly possess
any alcohol beverage.
(3)No person under twenty-one (21) years of age shall misrepresent his age in any
manner whatsoever for the purpose of obtaining illegally any alcohol beverage.
(4)No person knowingly or intentionally shall act as an agent to purchase or acquire any
alcohol beverage for or on behalf of a person under twenty-one (21) years of age.
(b) The prohibitions contained in paragraphs (a)(1), (a)(2), and (a)(4) of this section shall not
apply to the sale, purchase, or possession of alcohol beverages for consumption:
(1)For medical purposes pursuant to a prescription of a physician duly authorized to
practice medicine in this state.
(2)At a religious ceremony.
(3)In the home with parental consent.
(c) The prohibition contained in paragraph (a)(1) of this section shall not apply with respect to
sale of alcohol beverages by a person when such person has been furnished with proper
identification showing that the person to whom the alcohol beverage is sold is twenty-one (21)
years of age or older. For purposes of this subsection, proper identification' means any document
issued by a governmental agency containing a description of the person, such person's
photograph, or both, and giving such person's date of birth and proper identification includes,
without being limited to, a passport, military identification card, driver's license, or an
identification card authorized under O.C.G.A. tit. 40, ch. 5, art. 100(O.C.G.A. § 40-5-100),
requiring the department of public safety to issue identification cards to handicapped persons
who do not have a motor vehicle driver's license. `Proper identification' shall not include a birth
certificate.
(d) No licensee shall allow or require a person in his or her employment under eighteen (18)
years of age to dispense, serve, sell or take orders for any alcohol beverage. This section shall not
prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or
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drugstores from selling or handling alcohol beverages which are sold for consumption off the
premises.
(e) Testimony by any person(s) under twenty-one (21) years of age, when given in an
administrative or judicial proceeding against another person(s) for violation of any provision of
this section, shall not be used in any administrative or judicial proceeding brought against such
testifying person(s) under twenty-one (21) years of age.
(f) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. title 15,
ch. 11 (O.C.G.A. § 15-11-1 et seq.) (pertaining to juvenile proceedings); or to any person(s) who
is physically or mentally incapacitated due to the consumption of alcohol beverage(s). Nor shall
any licensee violate O.C.G.A. § 3-3-22, as amended, which provides as follows: `No alcohol
beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is
in a state of noticeable intoxication.' A violation of this section shall be cause for suspending or
revoking such license in accordance with provisions of this article.
Section 8: Minors prohibited on licensed premises unless accompanied by parent, guardian, or
custodian
No person who holds a license to sell distilled spirits by the drink shall allow any minors
to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such
minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such
minors shall be permitted in eating establishments or private clubs without being accompanied
by a parent, legal guardian, or custodian, and, provided further, that this section shall not apply to
minors who are employees under the terms of this article.
Section 9: Employment of minor
No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle
alcohol beverages who is under 18 years of age.
Section 10: Minors misrepresenting age
It shall be unlawful for any minor to falsely misrepresent his age in any manner
whatsoever where said minor's purpose is to acquire and possess alcohol beverages.
Section 11: Happy hour prohibited
No holder of any license to sell distilled spirits for consumption on the premises shall
engage in any one of the following practices in connection with the sale or other disposition of
distilled spirits:
(a) The sale of distilled spirits during any special period of the day at prices lower than
customarily charged at the premises for distilled spirits during the remainder of the day.
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(b) The giving away of any distilled spirits in conjunction with the sale of any other distilled
spirits.
(c) The sale of two or more distilled spirits for a single price, including the sale of all distilled
spirits a customer can or desires to drink at a single price.
(d) The sale or serving of two or more distilled spirits at substantially the same price
customarily charged for one such wine or malt beverage.
(e) Requiring or encouraging the purchase of a second distilled spirit at the same time another
distilled spirit is purchased or before the first such beverage has been consumed.
(f) The sponsoring, conducting or allowing of contests or other promotions on the premises
which have as their primary purpose the increasing of the consumption of distilled spirits on the
premises.
(g) Allowing distilled spirits purchased on the premises to be removed from the premises
without having been consumed.
(h) Selling distilled spirits in pitchers or in jumbo or extra-large containers for less than the
normal retail price charged for an equivalent volume of distilled spirits in a normal size glass or
pitcher.
(i) This section shall not apply to private functions not open to the public. "Private function not
open to the public" shall mean any function wherein the licensee has agreed to the use of the
licensee's establishment by a person, firm or organization for a set period of time for valuable
consideration.
It is the intent of this section to prohibit activities typically associated with promotions
referred to as "happy hour."
Section 12: Conflicting interests
No financial aid or assistance to any licensee hereunder from any wholesaler or
manufacturer of wine or malt beverages or other alcohol beverages shall be permitted.
Article 3: Retail Sales of Beer or Malt Beverages and Wine for Consumption On the
Premises.
Section 1: Type of retail establishment where permitted
No beer or malt beverages or wine shall be sold for consumption on the premises where
sold except:
(a) In eating establishments having a full service kitchen (a full service kitchen will consist of a
three-compartment sink, a stove or grill permanently installed, a refrigerator, all of which must
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be approved by the health and fire departments), prepared to serve food every hour they are
open;
(b) At a publicly owned golf course.
These eating establishments must be located in a zoning district which permits restaurants
and drive-in restaurants as conforming uses or where these eating establishments are incidental
to a hotel or motel.
Section 2: License fee and amount to defray investigative and administrative costs to accompany
application
Each application for a license under this article shall be accompanied by payment a
certified check for the full amount as set by resolution of the City Council to defray investigative
and administrative costs. Upon issuance of the license, the applicant shall make payment of the
license fee. If the application is denied and the license refused, or if the applicant withdraws his
application prior to being issued, the license fee shall be refunded, but the amount paid for
investigation shall be retained. However, any person applying for more than one license shall pay
only one fee to defray investigative and administrative expenses, which fee shall be the largest of
the investigative and administrative fees authorized under this Code. Any applicant for a license
under this article who has in existence at the time of making the new application an existing
license under this article shall pay no investigative and administrative costs.
Section 3: Hours and days of sale
The sale of beer or malt beverages and/or wine by the drink for consumption on premises
shall be permitted only during the following hours and days of the week, as indicated:
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
(b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed
establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total
annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(l)].
(c) All licensed premises shall close their premises to the public and clear the premises of patrons
within thirty (30) minutes after the time set in this section for discontinuance of the sale of
alcohol beverages on the premises.
(d) The sale of beer or malt beverages and/or wine shall not be permitted within 250 feet of any
polling place on primary or election days.
(e) The sale of beer or malt beverages and/or wine shall not be permitted on Christmas day [see
O.C.G.A. § 3-3-20].
(f) In addition to other requirements under this ordinance, a licensed premise for the sale of beer
or malt beverages and/or wine by the drink shall comply with the following:
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(1)The licensed business shall open its business each day it is open by not later than 5:00
pm.
(2)The licensed business shall offer to its patrons prepared food and meals during all
hours it is open.
(3)The licensed business shall have a fully equipped kitchen, including cooking range,
oven, refrigeration, food preparation area, sink and other items necessary for
preparation of food and meals to be served on the premises.
(4)Comply with all requirements of Article 1: General Provisions; Section 3, relating to
the manner by which premises shall be maintained.
(g) This section shall not apply to private clubs.
Article 4: Retail Package Sales of Malt Beverages and Wine
State law references: License from county or municipality required for wholesale or retail sales
of wine, O.C.G.A. § 3-6-40.
Section 1: Type of retail establishment where permitted
No beer or malt beverage and/or wine shall be sold at retail except in establishments
maintaining fifty (50) percent of the floor space and storage area in a manner which is devoted
principally to the retail sale of grocery products and located in zoning districts in which these
establishments are permitted as a conforming use or in districts where an existing establishment
exists as a nonconforming use.
Section 2: Hours and days of sale
(a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine
except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday. The hours
within which business may be carried on shall be determined by the standard time in force at the
time of the sale of beer or malt beverages and/or wine.
(b) Retail package beer and/or wine shall not be sold at any time in violation of any local
ordinance or regulation or of any special order of the governing authority.
(c) No retail package alcohol beverages shall be sold on Sunday.
Section 3: Use of tags or labels to indicate prices
Retailers shall indicate plainly by tags or labels on the bottles or containers or on the shelf
immediately below where the containers are placed the prices of all beer and wine exposed or
offered for sale.
Section 4: Quantity sale requirements
Single cans or bottles or other containers of alcohol beverages may be sold.
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Section 5: License fee and amount to defray investigative and administrative costs to accompany
application
Each application for a license under this article shall be accompanied by payment a certified
check for the full amount as set by resolution of the City Council to defray investigative and
administrative costs. Upon issuance of the license, the applicant shall make payment of the
license fee. If the application is denied and the license refused, or if the applicant withdraws his
application prior to being issued, the license fee shall be refunded, but the amount paid for
investigation shall be retained. However, any person applying for more than one license shall
pay only one fee to defray investigative and administrative expenses, which fee shall be the
largest of the investigative and administrative fees authorized under this Code. As to any
applicant for a license under this article who has in existence at the time of making the new
application an existing license under this article, there shall be no investigative and
administrative fee.
Article 5: Retail Package Sales of Distilled Spirits
State law references: Regulation by county or municipality required of package sales of distilled
sprits, O.C.G.A. § 3-4-49
No retail package liquor licensed place of business shall be licensed to operate within five
hundred (5000 yards of any other business licensed to sell package liquor at retail, as measured
by the most direct route of travel on the ground; provided, however, that this limitation shall not
apply to any hotel licensed under this chapter.
Article 6: Wholesalers
Section 1: Special provisions applicable to wholesale purchases
(a) Any person desiring to sell at wholesale any alcohol beverages in the City shall make
application to the City Manager for a license to do so, which application shall be in writing on
the prescribed forms, and pay any license as set by the Mayor and City Council.
(b) No person who has any direct financial interest in any license for the retail sale of any
alcohol beverages in the City shall be allowed to have any interest or ownership in any wholesale
alcohol beverage license issued by the city.
(c) No retailer shall purchase any alcohol beverage from any person other than a wholesaler
licensed under this article. No wholesaler shall sell any alcohol beverage to any person other than
a retailer licensed under this chapter; provided, however, that this section shall not prohibit the
purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing
business.
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(d) No alcohol beverage shall be delivered to any retail sales outlet in the City except by a duly
licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the
delivery vehicle.
Section 2: Hours and days of sale
Wholesalers shall not engage in the sale of alcohol beverages except between 7:00 a.m.
and 6:00 p.m. Monday through Saturday. There shall be no sales of alcohol beverages on
Sunday.
Section 3: Audit and penalties
(a) If the City Manager deems it necessary to conduct an audit of the records and books of the
licensee, he shall notify the licensee of the date, time and place of the audit.
(b) Any licensee who violates any provisions of this article may, upon conviction, be punished
by a fine of not less than three hundred dollars ($300.00) for each offense and/or thirty (30) days
in the common jail of the city, and the license may be suspended or revoked.
Article 7: Private Clubs
State law references: Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq.
Section 1: Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
(a) “Fixed salary” means the amount of compensation paid any member, officer, agent, or
employee of a bona fide private club as may be fixed for him by its members at a prior annual
meeting or by the governing body out of the general revenue of the club and shall not include a
commission on any profits from the sale of alcohol beverages. For the purpose of this definition,
tips or gratuities which are added to the bills under club regulation shall not be considered as
profits from the sale of alcohol beverages.
(b) “Private club” means any nonprofit association organized under the laws of this state which:
(1)Has been in existence at least one year prior to the filing of its application for a
license to be issued pursuant to this article;
(2)Has at least seventy-five (75) regular dues paying members;
(3)Owns, hires or leases a building or space within a building for the reasonable use of
its members with:
a.Suitable kitchen and dining room space and equipment;
b.A sufficient number of employees for cooking, preparing and serving meals
for its members and guests; and
Page 34 of 43
c.Has no member, officer, agent or employee directly or indirectly receiving in
the form of salary or other compensation, any profits from the sale of alcohol
beverages beyond a fixed salary.
(c) “Sports club” means an association or corporation organized and existing under the laws of
the state, organized and operated primarily to provide a location for the patrons thereof to engage
in sporting events. To qualify for an alcohol beverage consumption dealer's license, a sports club
must have been actively in operation within the City at least two years prior to an application for
license under this chapter. Provided, however, the two-year operational requirement shall not
apply to golf club associations or golf club corporations where the selling or the serving of
alcohol beverages is to take place on the golf course premises. A sports club organized or
operated primarily for serving of alcohol beverages shall not qualify for licensing under this
article, and accordingly shall not be permitted to serve alcohol beverages at any time. Unless
otherwise indicated, a sports club licensee shall comply with all other requirements imposed
upon retail consumption dealers.
Section 2: Regulation of sale of alcohol beverages
Private clubs may sell and dispense alcohol beverages upon compliance with all
applicable ordinances and regulations of the City governing the sale of such beverages and upon
payment of such license fees and taxes as may be required by the existing ordinances, rules and
regulations of the city.
Section 3: Certain organizations exempt from food establishment requirements
Veterans’ organizations, fraternal organizations, and other nonprofit organizations
currently having tax exempt status under either the United States Internal Revenue Code or the
state income tax law shall not be required to operate a food establishment serving prepared food.
However, any such organization selling or dispensing alcohol beverages shall be subject to all
ordinance regulations dealing with general licensing and consumption on the premises
establishments.
Section 4: Investigative and administrative costs
Each application for a license under this article shall be accompanied by payment a
certified check for the full amount as set by resolution of the City Council to defray investigative
and administrative costs. Upon issuance of the license, the applicant shall make payment of the
license fee. If the application is denied and the license refused, or if the applicant withdraws his
application prior to being issued, the license fee shall be refunded, but the amount paid for
investigation shall be retained. However, any person applying for more than one license shall
pay only one fee to defray investigative and administrative expenses, which fee shall be the
largest of the investigative and administrative fees authorized under this Code. Any applicant for
a license under this article who has in existence at the time of making the new application an
existing license under this article shall pay no investigative and administrative costs.
Section 5: Hours and days of sale
Page 35 of 43
(a) No alcohol beverages shall be sold for consumption on the premises except between the
hours of 9:00 a.m. and 4 a.m. Monday through Saturday.
(b) Alcohol beverages shall not be sold for consumption at any time in violation of any local
ordinance or regulation or of any special order of the governing authority.
(c) The sale of beer and/or wine for consumption on the premises is permitted on Sundays from
12:30 p.m. until 12:00 midnight in: (i) any licensed establishment which derives at least fifty
percent (50%) of its total annual gross sales from the sale of prepared meals or foods in all of the
combined retail outlets of the individual establishment where food is served; (ii) any licensed
establishment which derives at least fifty percent (50%) of its total annual gross income from the
rental of rooms for overnight lodging.
(d) Alcohol beverages may be sold for consumption on the premises from 12:00 midnight to
2:00 a.m. on any Monday which is New Year's Day, January 1, of any year.
Section 6: Eligibility for issuance of a temporary special event license
(a) A temporary pouring permit license may be issued to any person, firm or corporation, for a
period not to exceed ten days in any one year, for an approved special event. The person, firm or
corporation must make application and pay the fee that may be required by the ordinances and
shall be required to comply with all the general ordinances and the licensing and regulations for a
consumption on the premises establishment with the exception of the full service kitchen
requirement.
(b) The special event must meet the following criterion prior to the issuance of a license to sell
alcohol beverages:
(1)The event must have been permitted as an approved Special Event through the City’s
Community Development Department prior to issuance of a temporary pouring
permit.
(2)The special event must be associated with and benefit the cause of a charitable or
civic organization.
(3)The special event must receive approval from the City public safety department on
crowd control and security measures.
(4)The special event must receive approval from the City department of transportation,
traffic operations section, on traffic control measures.
(5)The location at which the special event is to take place must be properly zoned and
approved by the City planning and development department.
(6)The premises at which the special event is to take place must be approved by the City
Manager.
(c) Any employee or volunteer of the special event licensee, working the special event in any
position dispensing, selling, serving, taking orders or mixing alcohol beverages shall not be
required to obtain a pouring permit for the special event.
Page 36 of 43
(d) The public safety director or his designee may immediately revoke any temporary license
for a special event if it is determined continued alcohol sales may endanger the health, welfare or
safety of the public.
(e) As a condition on the issuance of a temporary special event license, the licensee shall
indemnify and hold the City harmless from claims, demand or cause of action which may arise
from activities associated with the special event.
Article 8: Hotel-Motel In-Room Service
Section 1: License
(a) In-room service means the provision of a cabinet or other facility located in a hotel-motel
guestroom which contains beer and/or wine only, which is provided upon written request of the
guest and which is accessible by lock and key only to the guest and for which the sale of the beer
and/or wine contained therein is final at the time requested except for a credit which may be
given to the guest for any unused portion.
(b) Any hotel-motel that acquires this in-room service shall also be required to obtain a
consumption on the premises license and meet all of the requirements of this chapter.
(c) No hotel-motel shall be authorized to provide in-room service until it has been issued a
special license to do so. A license fee as set forth by resolution of the City Council be imposed to
provide only beer and/or wine by "in-room service."
(d) The sale of beer and/or wine by in-room service shall be subject to all restrictions and
limitations relative to the retail sale of any alcohol beverages, except as provided otherwise in
this article.
(e) Keys for in-room service shall only be sold to guest between the hours of 7:00 a.m.
until12:00 midnight Monday through Saturday and between the hours of 12:30 p.m. until
midnight on Sunday.
Article 9: Happy Hour
Section 1: Promotions and sales
(a) No licensee or employee or agent of a licensee, in connection with the sale or other
disposition of alcohol beverages for consumption on the premises, shall:
(1)Offer or deliver any free alcohol beverage to any person or group of persons.
(2)Deliver more than two alcohol beverages to one person at a time, however, nothing
herein shall prohibit a brewpub from offering a sampler of malt beverages in
containers not exceeding four ounces. Each sampler shall not exceed four different
types of malt beverages.
Page 37 of 43
(3)Sell, offer to sell, or deliver to any person or group of persons any alcohol beverage
at a price less than the price regularly charged for such alcohol beverage during the
same calendar week, except at private functions not opened to the public.
(4)Sell, offer to sell, or deliver to any person or group of persons an unlimited number
of alcohol beverages during any set period of time for a fixed price, except at private
functions not open to the public.
(5)Sell, offer to sell, or deliver alcohol beverages to any person or group of persons on
any one day at prices less than those charged the general public on that day, except
at private functions not opened to the public.
(6)Sell, offer to sell, or deliver alcohol beverages, including malt beverages, in any
container which holds more than thirty-two (32) fluid ounces (.947 liters), except to
two or more persons at any one time.
(7)Increase the volume of alcohol contained in a drink without increasing
proportionately the price regularly charged for such alcohol beverage during the
same calendar week.
(8)Encourage or permit on the licensed premises any game or contest which involves
the drinking of alcohol beverages or the awarding of alcohol beverages as a prize.
(b) Each licensee shall maintain a schedule of the price charged for all alcohol beverages to be
served and consumed on the licensed premises or in any room or part thereof. The licensee shall
not vary the schedule of prices from day to day or from hour to hour within a single day. The
schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying
public, and the schedule shall be effective for not less than one calendar week.
(c) No licensee shall advertise or promote in any way, whether within or without the licensed
premises, any of the practices prohibited under subsection (a) of this section.
(d) No provision of this section shall be construed to prohibit licensees from offering free food
or entertainment at any time, to prohibit licensees from including an alcohol beverage as part of a
meal package, or to prohibit the sale or delivery of wine by the bottle or carafe when sold with
meals or to more than one person.
(e) It is the intent of this section to prohibit activities typically associated with promotions
referred to as happy hour or similarly designated promotions.
(f) The public safety department shall have responsibility for the enforcement of this article.
(g) No licensee may require the purchase of any alcohol beverage as a part of or prerequisite to
the purchase of any other product or service. If alcohol beverages are included as part of a
package of other goods and/or services, the alcohol beverages must be priced separately and all
customers must be allowed to purchase the remaining goods and services without the alcohol
beverages at a price from which the full price of the alcohol beverages has been deducted.
(h) Any person deemed guilty of violating this section may be punished by a fine not to exceed
the maximum amount allowed by state law and/or by imprisonment not to exceed thirty (30)
days in the common jail of the city. Licensees may further be subject to revocation proceedings.
Page 38 of 43
Article 10: Excise Taxes
*State law references: Levy of tax on sale of distilled spirits by the package authorized, O.C.G.A.
§ 3-4-80; authorization to levy tax on wine, O.C.G.A. § 3-6-60.
Section 1: Bottled Distilled Spirits by the Package and Wine by the Package; Rate
(a) An excise tax is levied on the sale of distilled spirits by the package,at the wholesale level,
and is set at the rate set forth by resolution of the City Council.
(b) An excise tax is levied on the first sale or use of wine by the package at the wholesale level
and is set at the rate set forth by resolution of the City Council.
(c) The excise tax(s) imposed shall be collected by all wholesalers selling wines and alcohol
beverages to persons holding retail licenses for sale to the same, in the City of Milton. Said
excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such
beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the
Revenue Division of the City of Milton, on or before the 15th day of each month, for the
preceding calendar month. This remittance shall be submitted on forms as prescribed or
authorized by the Revenue Division of the City of Milton. Remittances shall be accompanied by
a statement under oath from a responsible person employed by the wholesaler showing the total
sales of each type of wine and alcohol beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of wine and alcohol beverages, by size and type of
container, constituting a beginning and ending inventory for the month, sold to every person
holding a retail license for the sale of wine and alcohol beverages in the City of Milton. Failure
to file such a statement, or to remit the tax collected on or before the 15th day of each month,
shall be grounds for suspension or revocation of the license provided for by this chapter.
Section 2: Levy of Excise Tax on Sale of Malt Beverages; Reporting of Sales; Payment of Tax.
(a) An excise tax is levied on the first sale and use of malt beverages at the wholesale level and is
set at the rate set forth by resolution of the City Council (b) The excise taxes imposed shall be
collected by all wholesalers selling alcohol beverages to persons holding retail licenses for sale
to the same, in the City of Milton. Said excise taxes shall be collected by the wholesalers at the
time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the
proceeds so collected to the Revenue Division of the City of Milton, on or before the 15th day of
each month, for the preceding calendar month. This remittance shall be submitted on forms as
prescribed or authorized by the Revenue Division of the City of Milton. Remittances shall be
accompanied by a statement under oath from a responsible person employed by the wholesaler
showing the total sales of each type of malt beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of malt beverages, by size and type of container,
constituting a beginning and ending inventory for the month, sold to every person holding a retail
license for the sale of malt beverages in the City of Milton. Failure to file such a statement, or to
remit the tax collected on or before the 15th day of each month, shall be grounds for suspension
or revocation of the license provided for by this chapter.
Page 39 of 43
Section 3: Sales of Distilled Spirits by the Drink
(a) An excise tax is levied upon every sale of alcohol beverages containing distilled spirits
purchased by the drink at the retail level and is set at the rate set forth by resolution of the City
Council.
(b) Every licensee for the sale of distilled spirits by the drink operating a place of business in the
City of Milton shall, at the time of sale for food and drinks served, itemize separately the price of
each sale of alcohol beverages containing distilled spirits.
(c) Every licensee is required to pay the tax imposed herein for sale of alcohol beverages
containing distilled spirits by the drink within the licensed premises. Such licensee shall furnish
all information as may be requested by the City to facilitate the collection of this tax. Any
licensee who shall neglect, fail, or refuse to pay the tax herein provided, upon all retail sales
made by licensee of alcohol beverages containing distilled spirits by the drink shall be liable for
and pay the tax himself.
(d) Due dates, returns and collection fees.
(1)All taxes collected by any licensee by this section shall be due and payable to the
City Treasurer monthly on or before the twentieth (20th) day of every month next
succeeding each respective monthly period.
(2)The return for the preceding monthly period shall be filed with the City of Milton in
such form as the City may prescribe or authorize and signed by the licensee liable
for the payment of tax hereunder.
(3)Returns shall show the gross receipts from the sale of food, if applicable, alcohol
beverages containing distilled spirits, indicating the number sold, by the drink,
amount of tax collected or authorized due for the related period, and such other
information as may be required by the City, on forms prescribed or authorized by the
City.
(4)The licensee shall deliver the return, together with the remittance of the net amount
of tax due to the City Treasurer.
(5)Licensees collecting the tax shall be allowed three percent (3%) of the first three
thousand dollars ($3,000.00) of tax due and one-half percent (1/2%) of the amount in
excess of three thousand dollars ($3,000.00) as a vendor’s credit under this section
and shall be reimbursed in the form of a deduction in submitting, reporting and
paying the amount due, if said amount is not delinquent at the time of payment. The
rate of the deduction shall be the same rate authorized for deductions from state law
as now or hereafter amended.
Section 4: Deficiency Determinations.
(a) If the City of Milton is not satisfied with the return or returns of the tax or the amount of the
tax required to be paid to the City of Milton by a party, the City may compute and determine the
amount required to be paid upon the basis of any information within its possession or that may
Page 40 of 43
come into its possession. One, or more, deficiency determinations may be made of the amount
due for any monthly period.
(b) The amount determined to be deficient shall bear interest at the rate of one percent (1%) per
month, or fraction thereof, from the fifteenth (15th) day of the month after the close of the period
for wholesale tax due, or from the twentieth (20th) day after the close of the period for retail tax
due, which the amount or any portion thereof should have been returned until paid, in addition to
any other penalties which may be imposed.
(c) For any deficiency which is determined to be made due to fraud, or an intent to evade any
provisions of this ordinance, a penalty of twenty-five percent (25%) of the deficiency shall be
added thereto.
(d) The City shall give to the licensee written notice of the determination. The notice may be
served personally or by mail; if by mail such service shall be addressed to the licensee at his
address as it appears in the records of the City. In the case of service by mail of any notice
required by this Article, the service is complete at the time of deposit in the United States Post
Office.
(e) Except in the case of fraud, intent to evade this ordinance, or failure to make a return, every
notice of deficiency determination shall be mailed within three (3) years after the twentieth (20th)
of the calendar month following the monthly period for which the amount is proposed to be
determined, or within three (3) years after the return is filed, whichever period should last expire.
Section 5: Determination of Tax if no Return Made.
(a) If any licensee fails to make a return, the City of Milton shall make an estimate of the
amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total
sales in the City which are subject to the tax. The estimate shall be made for the period or periods
in respect to which the licensee failed to make the return and shall be based upon any
information which is or may come into the possession of the City. Upon the basis of this
estimate, the City shall compute and determine the amount required to be paid the City. One or
more determinations may be made for each period.
(b) If the failure of any person to file a return is due to fraud or an intent to evade this ordinance,
a penalty of twenty-five percent (25%) of the amount required to be paid by the party shall be
added thereto in addition to any other penalties which are imposed under this ordinance.
(c) The City shall promptly give to the party written notice of the deficiency.
Section 6: Interest and Penalties for Failure to Pay Tax.
(a) Any party who fails to pay the tax herein imposed by the City of Milton or fails to pay any
amount of such tax required to be paid by the party, shall in addition to the tax, pay an interest on
the outstanding tax obligation at the rate of one percent (1%) per month, or fraction thereof, from
the date the tax payment was last due until payment is made.
Page 41 of 43
(b) Any party who fails to pay the tax herein imposed to the City or fails to file any required tax
return to the City, within the time required shall pay a penalty of fifteen percent (15) of the tax,
or amount of the tax and interest, due the City.
Section 7: Failure to Pay; Grounds for Suspension or Revocation of Retail License.
Failure to pay the taxes imposed by this article or file the required return shall be grounds for
suspension or revocation of any retail license to sell alcohol beverages in the City of Milton. In
the event that any person holding a retail license shall fail to file the required return or to pay the
taxes imposed by this article, it shall be grounds for suspension or revocation of any retail license
to sell alcohol beverages in the City. In the event that any person holding a retail license shall fail
or refuse to pay to the wholesaler selling to him alcohol beverages the tax imposed by the City,
the wholesaler shall immediately report such failure to pay to the business license division of the
City and shall make no further sales of any alcohol beverages whatsoever to said retailer until
receipt of written notification to do so from the City. In such event, the tax may be collected by
the City by an action at law against the retailer.
Article 11: Brewpubs
Section 1: Definition; licensing; excise tax; administration
(a) License required. No person, firm or corporation shall be issued a brewpub license without
first obtaining a retail consumption license.
(b) Authorization of license holder. A brewpub license authorizes the holder of such license to
manufacture on the licensed premises not more than fifteen hundred (1,500) barrels of beer in a
calendar year solely for retail sale on the premises and solely in draft form.
(c) Distribution. Distribution of any malt beverages produced by a brewpub licensed under this
article to any wholesaler is prohibited.
(d) Excise tax. There is hereby levied an excise tax on all beer and malt beverage produced by
a brewpub at the rate set forth by resolution of the City Council. Such tax shall be paid to the
Revenue Division no later than the twentieth (20th) day of each month for the preceding month's
production. A late payment penalty not to exceed ten percent (10%) of the tax otherwise due
shall be added to the amount due for any payment not received by the due date.
(e) Administration.
(1)The City Treasurer, or his/her designee, is authorized to establish procedures for
administering all provisions of this article to include, but not limited to, reporting
forms and requirements, or establishing procedures and schedules for conducting
financial audits or inspections of the books or records of any establishment licensed
under this article.
Page 42 of 43
(2)Every brewpub located within the City shall file a monthly report with the Revenue
Division, no later than the twentieth (20th) day of each month, on such forms as the
Revenue Division may prescribe, setting forth all malt beverages produced during
such preceding calendar month, to include beginning and ending inventories. Such
report shall also indicate the total production of malt beverages during the report
period and the proper tax remittance for such production. Failure to properly
complete or submit the required reports shall subject the licensee to a late filing
penalty set forth by resolution of the City Council.
Section 2: Severability
If any section, provision or clause of any part of this article shall be declared invalid or
unconstitutional, or if the provisions of any part of this article as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity
shall not be construed to affect the portions of this article not so held to be invalid, or the
application of this article to other circumstances not so held to be invalid. It is hereby declared as
the intent that this article would have been adopted had such invalid portion not been included
herein.
Page 43 of 43
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: November 8,2007
FROM: Interim City Manager
AGENDA ITEM:
Approval of an Ordinance Annexing 1400 Maflield Road.
MEETING DATE: Thursday, November 15,2007Regular Meeting
EICKGROUNDINfORMATloN: (Attach addrt,onal pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (I NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: KYES (1 NO
CITY ATTORNEY REVIEW REQUIRED: @El I)No
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
I\ !S l00lREMARKS:
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: November 6, 2007 for submission onto the November 8, 2007 Special Called City
Council Meeting and the November 15, 2007 Regular City Council Meeting
Agenda Item: Annexation of 1400 Mayfield Road
City Attorney’s Recommendation:
Approve the attached ordinance annexing 1400 Mayfield Road, which is being applied for under
the 100% annexation method, O.C.G.A. § 36-36-21.
Background:
It recently came to the attention of the Public Safety Department that this property, originally
planned to be annexed by the City of Alpharetta last year at this time, remains a part of
unincorporated Fulton County. The property was to be included in the original Alpharetta
annexing ordinance for properties in this geographic area, but was apparently dropped from the
ordinance as passed by their City Council, presumably due to a lack of signatures under the
60% method (?). This creates a public safety issue because the closest source of police or fire
protection for the property would be from Johns Creek, or if unavailable from there, South
Fulton. Further, neither Milton nor Alpharetta’s Public Safety Departments would be aware of a
dispatch to the property as the frequencies are different.
To that end, Chris Lagerbloom paid a visit to the property recently, and owner Jon Roby
responded favorably to the question as to whether he would like to annex into Milton. He has
submitted an application for annexation under the 100% method. The property is located on
Mayfield Road just outside Milton City limits. The property is shaped in an upside down “L” and
only the boot of it touches Milton. Another property to the southeast of it is located in the City of
Alpharetta. The property is contiguous to Milton as defined by the 100% annexation statute
because the contiguous portion exceeds 50 feet in width. The property would not be contiguous
for purposes of the 60% annexation method.
Discussion:
Fulton County has made it clear that it is actively seeking to have remaining unincorporated
parcels annexed. It is unclear why the property was not annexed into Alpharetta last year, but
presumably, if Alpharetta had wanted it, they would have annexed it. The property owner has
indicated his desire to annex into Milton. There will be no problem with services delivery for this
property, and we will send a “services delivery memo” to the property owner in accordance with
the statutory requirement this week. There appears to be no “down side” to annexing this
property and as it is being annexed under the 100% method, the property owner is in complete
agreement.
Page 1 of 2
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
Alternatives:
The City could decline to annex, and the property would then remain in unincorporated Fulton
County unless annexed by Alpharetta. It is clearly in the best interests of the property owner
and all concerned that the property be annexed into either one city or the other.
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Tom Wilson, Community Development Director
Page 2 of 2
STATE OF GEORGIA ORDINANCE NO. _________
COUNTY OF FULTON
ORDINANCE ANNEXING
1400 MAYFIELD ROAD PROPERTY
The Council of the City of Milton hereby ordains while in regular session on the 15th
day of November, 2007 at 7:00 pm as follows:
SECTION 1: Under the provisions of Article 3, Chapter 36 of the O.C.G.A. § 36-36-21,
the City of Milton may, upon petition of not less than one hundred per cent (100%) of the land
area by acreage included in such application, take action to annex such property; and
SECTION 2: The City has received and verified a petition for annexation from the
landowners owning property located in Land Lot 1058 of the Second District, Second Section of
Fulton County, Georgia, more particularly described in legal descriptions attached hereto as
Exhibit “A” and incorporated herein by reference.
SECTION 3: The petition by the landowner for annexation of the 1400 Mayfield Road
property is hereby accepted and the property is hereby annexed into the City of Milton in
accordance with O.C.G.A. Article 3, Chapter 36, Title 36.
ORDAINED, this ____ day of ___________, 2007.
Joe Lockwood, Mayor
Attest:
Jeannette Marchiafava, City Clerk
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FOSTER SURVEYING, INC. WH1T9--/ALL HOMES, ING.
SURVEYING -LAND PLANNING -ASBUELTS
185 STOCKWOOD DRIVE
SUITE 170
WODOSTOCK. GEORGIA 30188
770-5924145
FAX 770-592-2472
r City of Milton cs 13000 DMeld Parhry, Suite 107. Millon,Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council QATE: November 8,2007
FROM: Interim City Manager
AGENDA ITEM:
Approval of an Ordinance establishing solid waste colIection services within the City of
Milton; providing for the scope and nature of the operation; providing for the disposal of
garbage, solid waste and refuse; requiring the execution by service providers of a non-exclusive
agreement with the City of Milton; providing procedures for the handling of complaints;
providing for an infrastructure maintenance fee; requiring indemnity insurance; providing for
revocation and amendment; prohibiting assignment and subletting without consent; providing for
forfeiture; and for making other provisions.
MEETING DATE: Thursday, November 15,2007 Regular Meeting
BACKGROUND INFORFJFA T/ON:(Attach addrfjonal pages rf necessary)
See attached memorandum
APPROVAL BY ClTY MANAGER $\APPROVED ($ NOT APPROVED
ClNATTORNEY APPROVAL REQUIRED: 0 NoYES
on ATTORNEY REVEW REQUJRED: )(YES II NO
APPROVAL BY CITYATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 1 1 5 zoo7
REMARKS:
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Interim City Manager
Date: November 6, 2007 for submission onto the November 8, 2007 Special Called City
Council Meeting
Agenda Item: Annual Re-enactment of Ordinance Approving and Establishing the Regulation of
Solid Waste Collection Services within the City of Milton, and Providing for the
Scope and Nature of the Operation of Such Services.
CMO (City Manager’s Office) Recommendation:
Re-approve the ordinance approving and establishing the regulation of solid waste collection
services within the City of Milton, and direct City staff to facilitate the contracting of such
services to providers currently in operation and those who may become in operation.
Background:
The original ordinance was passed last year along after second reading on November 21, 2006.
This ordinance is required to be re-enacted each year. The City’s authority to enter into solid
waste franchise agreements emanates from this ordinance.
Discussion:
This ordinance needs to be re-enacted each year in order to continue the validity of our solid
waste franchise agreements.
Alternatives:
If not re-enacted, the City would lose its authority to regulate solid waste collection within the
city and the ability to collect franchise fees for the same activity, with the accompanying loss of
revenue.
Financial Impact:
The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the
City quarterly in the amount of 5% of gross revenues. The impact to residential constituents has
been less than one dollar ($1.00) per month. Further, this revenue is dedicated to the
maintenance of infrastructure, primarily the resurfacing of roadways.
Concurrent Review:
Mark Scott, City Attorney
Page 1 of 1
ORDINANCE NO. _______________
CITY OF MILTON
COUNTY OF FULTON
STATE OF GEORGIA
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION SERVICES WITHIN THE
CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION;
PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE;
REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE
AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE
HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE
FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND
AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT;
PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS.
WHEREAS, several companies (“Company”) currently operate solid waste services within the corporate
city limits pursuant to their contracts with their customers; and
WHEREAS, the City of Milton (“City”) seeks to provide standards of operation, regulation, and
oversight in the providing of solid waste services within the corporate city limits; and
WHEREAS, it is in the interest of the City and its citizens to offer companies currently providing such
services a non-exclusive contract on such terms and conditions that will provide the City with the controls
and options necessary to provide for the public good.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
Section 1. Definitions.
1.0 For the purpose of this ordinance, whenever inconsistent with the context, words used in
the present tense include the future tense, words in the plural include the singular, words
in the singular include the plural, and the use of any gender shall be applicable to all
genders whenever the sense requires. The words "shall" and "will" are mandatory and the
word "may" is permissive. Words not defined in this Section 1 or otherwise in this
ordinance shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this ordinance, have
the meaning given in this section.
1.1 “City” means the City of Milton, Georgia, an incorporated municipal government in
Fulton County, State of Georgia. Boundaries defining the City limits may be changed via
ordinances approved by the City Council, for which any new boundary created shall be
subject to this contract.
1.2 “Company” means any organization, firm, person, entity, corporation or other business
that contracts with customers to provide for the collection and disposal of solid waste
material as defined in this ordinance, and including but not limited to
construction/demolition debris, dead animals, garbage, waste, storm debris, yard
trimmings, and recyclable material.
1.3 “Solid Waste”means the collection of residential and commercial non-recyclable waste,
residential and commercial recyclable waste, and residential yard trimmings/waste.
Page 1 of 14
1.4 “Approved Container or Approved Bag” or “Container” or “Bag” means those containers
used in the collection of solid waste, as defined in this ordinance, which have been
approved by the Company for use by both residential and commercial customers.
1.5 “Construction/Demolition Debris” shall have the meaning set forth by the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD
Chapter 391-3-4.01(14)).
1.6 “Dead Animals” shall mean animals or portions thereof equal to or greater than ten (10)
pounds in weight that have died from any cause, except those slaughtered or killed for
human use.
1.7 “Effective Date” means any contract executed between the City and any Company on or
after December 1, 2006.
1.8 “Term” shall mean a period of one year from the effective date.
1.9 “Environmental Laws” means all applicable laws, directives, rules, ordinances, codes,
guidelines, regulations, governmental, administrative or judicial orders or decrees or
other legal requirements of any kind, including, without limitation, common law, whether
currently in existence or hereafter promulgated, enacted, adopted or amended, relating to
safety, preservation or protection of human health and the environment (including
ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the
handling, treatment, transportation or disposal of waste, substances or materials,
including, without limitation, any matters related to releases and threatened releases of
materials and substances.
1.11 “Area” shall mean the area within the boundaries of the incorporated areas of the City of
Milton, as they exist as of the Effective Date in addition to future boundary changes as
outlined in section 1.1.
1.12 “Garbage” shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division (“Georgia EPD Chapter 391-3-4-.01(21)).
1.13 “Hazardous Materials” means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any Environmental Laws.
The term Hazardous Materials also includes any pollutant, contaminant, hazardous or
toxic substance, constituent or material, including, without limitation, petroleum products
and their derivatives, or other substance that is, after the date first written above, deemed
hazardous be any judicial or governmental entity, body or agency having jurisdiction to
make that determination.
1.14 “Hazardous Waste” means any waste regulated under or pursuant to any Environmental
Laws, including, but not limited to, any solid waste which has been defined as a
hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter
291-3-11. The term Hazardous Waste also includes Hazardous Materials and any waste
that is, after the Effective Date of this Agreement, deemed hazardous by any judicial or
governmental entity, board, body or agency having jurisdiction to make that
determination. The term “Hazardous Waste” will be construed to have the broader, more
Page 2 of 14
encompassing definition where a conflict exists in the definitions employed by two or
more governmental entities having concurrent or overlapping jurisdiction over Hazardous
Waste.
1.15 “Residential Unit” shall mean any structure, whether single family, multi-family, or
otherwise whose primary purpose is for living.
1.16 “Commercial Unit” shall mean any structure, whether free standing or designed to serve
multiple tenants, whose primary purpose is for conducting business.
1.17 “Construction Site” shall mean any parcel of land or real property having land
disturbance, clearing & grading, demolition, improvements & betterments, renovation,
remodeling and/or new construction work performed thereon or about the real property or
premises whether or not a land disturbance and/or building permit is required.
1.18 “Recycling” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(57).
1.19 “Waste”means all putrescible and non putrescible solid, semi-solid, and liquid wastes,
including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid
wastes.
1.20 “Yard Trimmings” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(77).
1.21 “Customer” shall mean any firm, person, entity, corporation or organization that contracts
with a Company for the collection and disposal of solid waste material as defined in this
ordinance,and including but not limited to construction/demolition debris, dead animals,
garbage, waste, storm debris, yard trimmings, and recyclable material.
1.22 "Gross Receipts" shall mean the total amount collected by the Company from any and all
Customers for services rendered under authority of this Ordinance as a result of charges
for service. Gross receipts shall not include the Infrastructure Maintenance Fee identified
in this ordinance.
Section 2. Grant of Non-Exclusive Contract.
The City shall hereby grant to Companies a non-exclusive contract pursuant to the terms set forth herein
to use the public streets, alleys, roads and thoroughfares within the City for the purpose of operating and
engaging in the business of collecting and disposing of Waste; including, but not limited to, contracting
with Customers and providing service pursuant to contract therefore, placing and servicing containers,
operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or
incidental to such business and service.
Page 3 of 14
Section 3.Term.
The term of any agreement shall be for a period of one (1) year beginning on the effective date of the
Contract execution and terminating on the first anniversary of said date. The Company shall begin
performance under this contract immediately after the effective date of the Contract execution.
Section 4. Scope and Nature of Operation.
4.1 Residential and Commercial Refuse and Waste. The Company may collect and deliver for
disposal all Residential and Commercial Refuse and Waste accumulated within the
corporate limits of the City by the Company's Customers and the words "refuse",
"garbage", "trash" and "waste" when used in this Ordinance are used for convenience and,
unless the context shows otherwise, refer to yard trimmings, recycling, storm debris,
garbage, and construction/demolition debris. The Company will furnish the personnel and
equipment to collect refuse, provide the services described herein, and as contracted for
with its Customers, in an efficient and businesslike manner.
4.2 Service Provided-Company shall provide container, bin and other collection service for the
collection of Residential and Commercial Refuse and Waste according to the individual
Customer agreements and applicable City regulations and shall make provision for the
special collection of such refuse and waste upon request. The Company shall cause or
require its equipment, containers and bins to be kept and maintained in a manner to not
cause or create a threat to the public health and shall keep the same in a good state of
repair.
4.3 Collection Operation- (a) Save and except as provided in this Section, collection shall not
start before 7:00 AM or continue after 7:00 PM at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that
does not cause or result in loud noise; and (ii) that are made at a location which will not
cause the disturbance of persons occupying the premise or neighboring property must first
be confirmed prior to the request. All requests for variances of times must be submitted to
the City Manager, or his designee, and include documentation on the hardship created by
the collection operation period. Should such a collection operation variance be granted and
the city receive two complaints about the collection operation in any six month time
period, the City shall verify and substantiate the factual basis for any complaints. Should
the complaints be substantiated, the collection operation variance will be revoked. The
frequency of collection shall be determined by each individual customer agreement.
4.4 Holidays- The Company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the Company to it’s Customers of the holidays
and resulting collection cycles.
4.5 All Companies must maintain a local customer service telephone number while conducting
business within the City. The telephone number must be publicly listed in a phone book
and available through directory assistance. Each Company providing trash receptacles,
whether commercial or residential, must mark each receptacle with the Company’s name
and telephone number in letters not less than four (4) inches in height. Each Company
must provide a mechanism to accept, investigate, and respond to customer complaints.
Companies are strongly encouraged to use multi-media devices including interactive
websites, e-mail, fax, and automated telephone systems. Service calls received by the City
as a result of non-Company performance will result in the consideration of revocation of a
non-exclusive contract or the City’s choice to not renew an existing agreement.
Page 4 of 14
4.6 Any invoice, bill, statement, or other device intended to request remittance by the customer
to the Company of funds for payment of service shall include at a minimum, the
Company’s telephone number and payment methods available to customers.
4.7 All Companies providing residential service or service to residential multi-family units
must provide a recycling program to all customers. This program is intended to promote
recycling programs throughout the City by reducing the amount of waste landfilled.
Commodities may be commingled by the consumer and collected commingled by the
hauler. Recycled commodities which must be offered in all programs are as follows:
brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic
items (#1, #2, and #3); cardboard, cereal boxes and any non-waxed paper containers; brown
paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and
school papers. Customers shall be charged for the recycling program by the Company
regardless of utilization of the service. Haulers are to include this service with their
residential rate structure; however, the charge for recycling shall be shown separate from
other services provided.
4.8 All Companies providing commercial service must offer and promote a recycling program
to all customers. This program is intended to promote recycling programs throughout the
City by reducing the amount of waste landfilled.
4.9 All Companies providing residential service must offer the collection of yard trimmings to
all customers. This program is intended to assist in the collection and disposal of grass
clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size
limitations set by Company; bushes, brush, and all other general debris generated from the
maintenance of residential yards and lawns.
5.0 It shall be the Company’s obligation and responsibility to educate all Customers on
industry trends and best practices relating to solid waste collection, removal, and disposal.
Such education programs must consist of the following elements: recycling; holiday
schedules; new customer information; and any service related items. All Companies have
the obligation to inform Customers of any non-collected trash or items placed for collection
by the Customer but not covered under the agreement between the Customer and the
Company. Further, it shall be the Company’s obligation and responsibility to educate
Customers on days of collection for each specific service provided. All education and
communication between the Company and Customers should promote the placement of
residential collectibles at the curb the night before pick-up. Receptacles, containers, or
bagged materials shall not be left at the curb for longer than a twenty-four (24) hour period.
Section 5. Vehicles to be Covered and Identified.
All vehicles used by Company for the collection and transportation of refuse shall be covered at all times
while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or
properties adjacent thereto, and such vehicles shall be clearly marked with the Company's name and
telephone number in letters not less than four (4) inches in height.
5.1 Company must provide a comprehensive and proactive driver safety education program
which encourages safety on City streets. Such program must be demonstrated and
conveyed to the City. Company must comply with all other regulatory agencies, both local,
state, or otherwise with respect to commercial vehicle operation within the City.Service
calls received by the City as a result of non-Company performance will result in the
Page 5 of 14
consideration of revoking a non-exclusive contract or the City’s choice to not renew an
existing agreement.
5.2 Company must manage collection services delivered within the City to minimize the
number of vehicles on City roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
5.3 Should Company utilize “Scout” trucks to facilite collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times
while loaded and in transit should they exceed 30 miles per hour or be driven more then
300 yards on a public street.
Section 6. Regulation of Containers.
The Company may rent, lease, provide or define specifications for containers to any customer within the
corporate limits of the City for refuse storage and collection purposes subject to the following
requirements:
6.1 All containers shall be constructed and maintained according to industry practice;
6.2 All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
6.3 All containers, save and except those being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with
covers suitable to prevent blowing or scattering refuse and access to the container
by animals while the container is at the site designated by Customer;
6.4 All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers; and
6.5 All containers shall be clearly marked with the Company’s name and telephone number
in letters not less than four (4) inches in height.
6.6 All containers shall not be on public rights of way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block,obstruct or impede sight distance at street, road or
alley intersections.
6.7 All containers, bins, or other collection instruments must be kept free from graffiti, rust,
broken and non-operational parts and pieces, and litter in and around the area.
6.8 It shall be the responsibility of each Company to educate their Customers on the
regulations of containers and maintain industry standards, policies, and procedures,
which promote an asethically pleasing environment in and around all refuse and waste
containers and receptacles.
Section 7. Disposal of Refuse.
The Company will deliver all Waste collected by it from it’s customers within the City, except for
materials which the Company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of
Page 6 of 14
operation and disposal practices at the disposal facility will be observed and followed by the Company
while engaged in the disposal of refuse pursuant to this Ordinance. Any items collected as part of a
recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into another for
transport to the final disposal facility, Company shall make every available effort to perform such
refuse transfer on property owned by the Company or privately owned property where the Company
has an agreement with the property owner to perform such activity. In the event any transfer occurs on
public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways,
expressways, or other areas designed and designated for public travel, Company shall make every effort
available to clean the area after completion of the transfer to insure the area is maintained at the same
or better level than if the area was not used for this activity. In the event the City receives complaints
regarding this practice, Company shall be required to cease from this activity at the location of the
complaint.
Section 8. Contract and Rental Fees.
8.1 Contract Fee- The streets, rights-of-way, and public easements to be used by the Company
in the operation of its business within the boundaries of the City as such boundaries now
exist and exist from time to time during the term of this contract, are valuable public
properties acquired and maintained by the City at great expense to its taxpayers, and the
City will incur costs to regulate and administer this Ordinance. In consideration of such
benefits, costs and expenses, the Company shall through the term of its Contract collect an
“Infrastructure Maintenance Fee” equal to 5% of the Company’s gross receipts to
Customers within the City (exclusive of Sales Tax). The term “Infrastructure Maintenance
Fee” shall be used on all bills, invoices, or statements sent by any Company to a Customer
under this Ordinance.
8.1.1 Fees Paid- The Infrastructure Mainteanance Fee shall be payable quarterly to the
City and delivered to the City in conjunction with a statement indicating the
derivation and calculation of such payment. Each such quarterly payment shall be
due on the 15th day of the second month following the end of the quarterly period
for which said payment is due. The quarterly payments shall be due on February
15, May 15, August 15, and November 15 of each year during the term hereof, with
the February 15 payment being based upon the Company's gross receipts during the
calendar quarter ending the prior December 31 and being payment for the rights
and privileges granted hereunder for said calendar quarter, the May 15 payment
being based upon the Company's gross receipts during the calendar quarter ending
the prior March 31 and being payment for the rights and privileges granted
hereunder for said calendar quarter, the August 15 payment being based upon the
Company's gross receipts during the calendar quarter ending the prior June 30 and
being payment for the rights and privileges granted hereunder for said calendar
quarter, and the November 15 payment being based upon the Company's gross
receipts during the calendar quarter ending the prior September 30 and being
payment for the rights and privileges granted hereunder for said calendar quarter.
During the implementation of this ordinance, all bills generated by Companies after
December 1, 2006 shall include the Infrastrusture Maintenance Fee. The City shall
provide material relating to the education and marketing efforts of the
Infrastructure Maintenance Fee as well as provide education and training to
Company employees to ensure a consistent message is conveyed to constitutents of
the City of Milton. For purposes of verifying the amount of such fee, the books of
Page 7 of 14
the Company shall at all reasonable times be subject to inspection by the duly
authorized representatives of the City.
8.1.2 No Other Rental Fees- The Contract fee shall be in lieu of any and all other City-
imposed rentals or compensation or contract, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions or charges (except ad
valorem property taxes, special assessments for local improvements, city sales
tax, and such other charges for utility services imposed uniformly upon persons,
firms or corporations then engaged in business within the City) or permits upon
or relating to the business, revenue, installations and systems, fixtures, and any
other facilities of the Company and all other property of the Company and its
activities, or any part thereof,in the City which relate to the operations of the
Company pursuant to this Ordinance; provided, that this shall not be construed to
prevent the Company from being required to pay any and all applicable fees and
charges in effect from time to time for dumping at a landfill or transfer station.
8.1.3 Credit for Fees Paid- Should the City not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street
of alley rentals or charges, easement or ordinance fees or charges aforesaid, then
City agrees that it will apply so much of said sums of money paid as may be
necessary to Company's obligations, if any, to pay any such contract, ordinance
charges, other charges, fees, rentals, easement, taxes or charges.
8.1.4 Reporting – Any Company providing service pursuant to this Ordinance or a
resulting Contract shall from time to time provide the City with the necessary
statistics regarding waste collected and disposed which shall allow the City to
comply with State reporting requirements. Such information shall be in the
manner and format requested by the City and provide adequate details for the
City to maintain compliance with local, state, federal, and all other guidelines
relating to solid waste collection, removal, and disposal.
8.1.5 Dedicated Revenue – The Infrastrusture Maintenance Fee collected by the City
under this ordinance shall be dedicated to the following: (i) maintenance of the
City’s streets, corridors, alleys, thoroughfares, and transportation routes;(ii)
administration of contract compliance between Customers and Companies where
service is received as provided in this Ordinance; and (iii) collection of litter and
trash within the City.
Section 9. Compliance with Law.
The Company shall conduct under this Ordinance in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general specifications
contained in this Ordinance.
Section 10. Insurance Provided by Company.
10.1 Minimum Coverage Requirements- The Company shall maintain throughout the term
of its Contract, property damage coverage, general liability insurance, and automobile
liability insurance for any automobile owned or operated by Company, with an
insurance company authorized and licensed to do business in the State of Georgia and
acceptable to the City, insuring against claims for liability and damages for the benefit
of the City. The insurance shall include the City as an additional insured. General
liability coverage insurance under this section shall be a minimum of One Million and
No/100 Dollars ($1,000,000) per occurrence with a Two Million and No/100 Dollars
Page 8 of 14
($2,000,000) aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of One Million and No/100 Dollars ($1,000,000) for each
occurrence. Additionally, an umbrella coverage of One Million and No/100 Dollars
($1,000,000) on both automobile liability insurance and general liability insurance is
required.
10.2 Employer's Liability- If the Company is required by Georgia Statute, the Company
shall maintain throughout the term of the Contract resulting from this Ordinance the
requisite statutory workers' compensation insurance, and a minimum of One Hundred
Thousand and No/100 Dollars ($100,000) employer's liability insurance. Company
shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licenses in the State of Georgia, or
documentation explaining the exemption from employer’s liability insurance should
they not meet the state requirements to carry such coverage.
10.3 Certificate of Insurance- The insurance policy, or policies, obtained by the Company in
compliance with this section shall be approved by the City Manager or his designee in
the City Manager’s or his designee’s reasonable discretion, and the certificate of
insurance for the insurance policy shall be filed and maintained with the City during the
term of the Contract resulting from this Ordinance with a copy of the endorsement
required under Section 10.4 to be attached or made a part of such certificate.
10.4 Endorsements- All insurance policies maintained pursuant to this Ordinance shall
contain the following conditions by endorsement:
10.4.1 Additional Insured- The City shall be an additional insured and the term
"owner" and "City" shall include all authorities, Boards, Bureaus,
Commissions, Divisions, Departments and offices of the City and the
individual members, officers, employees and agents thereof in their official
capacities and/or while acting on behalf of the City.
10.4.2 Other Insurance Clause- The policy clause "Other Insurance" shall not apply to
the City when the City is an insured on the policy;
10.4.3 No Recourse- Companies issuing the insurance policies shall not recourse
against the City for payment of any premium or assessment.
10.5 Increase Requirements-The City may chose to amend this Ordinance to make
reasonable adjustments to the insurance coverage and their limits when deemed
necessary and prudent based upon changes in statutory law, court decisions, or the
claims history of the industry.
Section 11. Indemnification and Hold Harmless.
The Company agrees to indemnify, defend and save harmless the City, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation or
other entity arising from any negligent act or omission or willful misconduct of the Company, or any
of its agents, contractors,servants, employees or contractors, and from and against all costs, counsel
fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon.
Promptly after receipt from any third party by City of a written notice of any demand, claim or
circumstance that, immediately or with the lapse of time, would give rise to a claim or the
commencement (or threatened commencement) of any action, proceeding or investigation (an “Asserted
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Claim”) that may result in losses for which indemnification may be sought hereunder, the City shall
give written notice thereof (the “Claims Notice”) to the Company provided, however, that a failure to
give such notice shall not prejudice the City’s right to indemnification hereunder except to the extent
that the Company is actually and materially prejudiced thereby.The Claims Notice shall describe the
Asserted Claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses
that have been or may be suffered by the City when such information is available. The Company may
elect to compromise or defend, at its own expense and by its own counsel, any Asserted Claim. If the
Company elects to compromise or defend such Asserted Claim,it shall, within twenty (20) business
days following its receipt of the Claims Notice (or sooner, if the nature of the Asserted Claim so
required) notify the City of its intent to do so, and the City shall cooperate, at the expense of the
Company, in the compromise of, or defense against,such Asserted Claim. If the Company elects not to
compromise or defend the Asserted Claim, fails to notify the City of its election as herein provided or
contests its obligation to provide indemnification under this Agreement, the City may pay, compromise
or defend such Asserted Claim with all reasonable costs and expenses borne by the Company.
Notwithstanding the foregoing, neither the Company nor the City may settle or compromise any claim
without the consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the City and the Company may
participate at their own expense, in the defense of such Asserted Claim. If the Company chooses to
defend any Asserted Claim, the City shall make available to the Company any books, records or other
documents within its control that are necessary or appropriate for such defense.
Section 12. Forfeiture and Terminating of Contract.
12.1 Material Breach- In addition to all other rights and powers retained by the City under this
Ordinance or otherwise, the City reserves the right to declare any resulting Contract from
this Ordinance forfeited and to terminate the Contract and all rights and privileges of the
Company hereunder in the event of a material breach of the terms and conditions hereof.
A material breach by Company shall include, but shall not be limited to, the following:
12.1.1 Fees- Failure to pay the fees set out in Section 8;
12.1.2 Telephone Listings- Failure to keep and maintain a local telephone listing and
office or answering service that is available by phone without long distance
charge during regular business hours for service to the public, and which
telephone or office shall, at minimum, provide and maintain the following
services:
(a) Coordinate and provide information concerning deposits, payments and
accounts to Customers and prospective Customers;
(b) Respond to Customer and prospective Customer questions and issues about
billings, accounts, deposits and services;
(c) Coordination with the City with respect to private sector and public works
projects and issues related to or affecting the Company's operation;and
(d) Immediate response, upon request,to police, fire and other emergency
situations in which the public health and safety requires action with respect
to or assistance regarding Company's property.
12.1.3 Failure to Provide Service- Failure to materially provide the services provided
for in this Ordinance;
12.1.4 Misrepresentation- Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this Ordinance; or
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12.1.5 Conviction- Conviction of any director, officer, employee, or agent of the
Company of the offense of bribery or fraud connected with or resulting from
the award of a contract from this Ordinance.
12.2 Operation Information- Material misrepresentation of fact knowingly made to the City
with respect to or regarding Company's operations, management, revenues, services or
reports required pursuant to this Ordinance.
12.3 Economic Hardship- Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors,officers or employees.
12.4 Forfeiture and Proceedings- Any unwarranted and intentional neglect, failure or refusal
of the Company to comply with any material provision of this Ordinance or resulting
Contract within thirty (30) days after written notice from City setting forth the specific
provision and noncompliance, said notice to be mailed to Company at its principal place
of business by certified mail, return receipt requested, shall be deemed a breach of this
Ordinance, and the City Council, upon notice to Company and hearing,may, for good
cause declare a Contract forfeited and exclude Company from further use of the streets of
the City under this Ordinance, and the Company shall thereupon surrender all rights in
and under this Ordinance and Contract.
12.4.1 Proceedings- In order for the City to declare a forfeiture pursuant to Sections
12.1, 12.2, 12.3, or 12.4,the City shall make a written demand that the
Company comply with any such provision, rule, order, or determination under
or pursuant to this Ordinance. If such violation by the Company continues for a
period of thirty (30) days following such written demand without written proof
that the corrective action has been taken or is being actively and expeditiously
pursued,the Council may take under consideration the issue of termination of
the resulting Contract from this Ordinance. The City shall cause to be served
upon Company, at least twenty (20) days prior to the date of such a Council
meeting, a written notice of intent to request such termination and the time and
place of the meeting. Notice shall be given of the meeting and issue which the
Council is to consider.
12.4.2 Hearing - The Council shall hear and consider the issue, hear any person
interested therein, and shall determine whether or not any violation by the
Company has occurred.
12.4.3 Forfeiture- If the Council shall determine that the violation by the Company
was the fault of Company and within its control, the Council may declare the
contract forfeited and terminated, or the Council may grant to Company a
period of time for compliance.
Section 13. Transfer, Sale or Conveyance by Company.
The Company shall not transfer, assign, sell or convey any rights granted under any resulting Contract
from this Ordinance without the prior approval of the City Council; provided that this section shall not
apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery,
containers and buildings by Company for the purpose of maintaining and continuing its operation within
the City; and provided further that Company may,in its sole discretion and upon written notice to the
City, transfer, assign, sell or convey their rights under this Ordinance to a wholly owned subsidiary of the
Company or to an affiliated entity that is under common control with Company (i.e. has a common parent
entity).
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Section 14. Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the
Company used for and dedicated to providing service pursuant to this Ordinance, the Company shall
notify the City of such fact, and such notification shall by treated as a notification that a change in control
of the Company has taken place and the provisions of this Ordinance governing the consent of the
Council to such change in control of the Company shall apply. Upon the foreclosure or judicial sale, or
the leasing of all or a substantial part of the property and assets of the Company dedicated to and used for
the purposes of providing service pursuant to this Ordinance, without the prior approval of the Council,
the Council may, upon hearing and notice, terminate any Contract resulting from this Ordinance.
Section 15. Receivership and Bankruptcy.
15.1 Cancellation Option - The Council shall have the right to cancel any Contract resulting
from this Ordinance one hundred twenty (120) days after the appointment of a receiver
or trustee to take over and conduct the business of the Company, whether in receivership,
reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary,
unless such receivership or trusteeship shall have been vacated prior to the expiration of
said one hundred twenty (120) days, unless:
15.1.1 Trustee Compliance- Within one hundred twenty (120) days after his election
or appointment, such receiver trustee shall have fully complied with all the
provisions of this Ordinance and remedied all defaults thereunder; or
15.1.2 Trustee Agreement- Such receiver or trustee, within one hundred twenty (120)
days, shall have executed an agreement, duly approved by the court having
jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by
each and every provision of this Ordinance granted to the Company.
Section 16. Retention of City Police Powers.
The City retains and reserves all of its police powers and the rights, privileges, and immunities that it now
has under the law to regulate, patrol and police the streets and public ways within the City, and the
granting of any Contract as a result of this Ordinance shall in no way interfere with the improvements to,
or maintenance of, any street, alley or public way, and the rights of the City to use said streets, alleys and
public ways.
Section 17. Amendments of City Ordinances and Regulations.
The City reserves the right and power, pursuant to its police power, after due notice to Company, to
modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the City, and to
impose such additional conditions, that are not inconsistent with the rights granted by this Ordinance,
upon the Company and all persons, firms or entities of the same class as the Company, as may be
reasonably necessary in the discretion of the City Council to preserve and protect the public, health, safety
and welfare and/or insure adequate service to the public.
Section 18. Taxes.
The Company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are
imposed upon the Company. Absent an administrative or judicial challenge, or appeal, the failure to pay
any such tax, levy or assessment shall be a breach of this Ordinance.
Section 19. Public Necessity.
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The Council hereby finds and declares that the public welfare, convenience and necessity require the
service which is to be furnished by the Company.
Section 20. Solvability.
If any section, paragraph, subdivision, clause, part or provision hereof shall be adjudged invalid or
unconstitutional the same shall not affect the validity hereof as a whole or any part or provision other than
the part or parts held invalid or unconstitutional.
Section 21. Captions and Headings.
The use of captions or headings for the various sections of this Ordinance are for convenience of parties
only and do not reflect the intent of the parties. The rule of interpretation to solve ambiguities in a
contract against the party drafting such contract shall not apply to this Ordinance.
Section 22. No Suspension of Laws.
All provisions of the ordinances of the City as now existing or as may be amended from time to time, and
all provisions of the statues of the State of Georgia applicable to general law cities shall be a part of any
resulting contract from this Ordinance as fully as if the same had been expressly stated herein, and said
the City retains and may exercise all of the governmental and police powers and all other rights and
powers not directly inconsistent with the terms, conditions and provisions of this Ordinance.
Section 23. Peaceful Employment.
From and after the effective date of this ordinance, the City and the Company shall be and are hereby
authorized and entitled to act in reliance upon the terms, conditions and provisions of this Ordinance and
any resulting Contract and, subject thereto, the Company shall collect rates for service, operate and
conduct its business and work within the City, and enjoy the benefits and privileges of this Ordinance
during the term hereof.
Section 24. Open Meetings.
It is hereby officially found and determined that the meeting at which this ordinance was passed was open
to the public, and public notice of the time, place, and purpose of said meeting was given, as required by
the Open Meetings Act, Georgia Code.
Section 25. Endorsements and Records.
The City Clerk is directed to make endorsements as appropriate over his/her official hand and the seal of
the City on the form provided at the conclusion of this Ordinance, for the public record and convenience
of the citizens, of the date upon which this Ordinance is finally passed and adopted.
Section 26. Acceptance by Company.
Within thirty (30) days after the passage of this Ordinance, or within thirty (30) days of establishing a
business within the corporate City limits, all Companies operating a Residential or Commercial Refuse
Waste service shall file with the City its acceptance of the terms and provisions of this Ordinance, and
request for Contract. The acceptance and request for Contract shall be in writing on the Company's
letterhead and provide as follows:
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City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107A/B
Milton, GA 30004
_______________________________________(the "Company"),acting by and through an officer who
is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste
Ordinance to operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each
term, provision and condition of the Ordinance, to accept and to give the benefits provided by the
Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a
businesslike and reasonable manner and in compliance with the Ordinance.
Company:____________________________________
By:_________________________________________
Printed Name:_________________________________
Title: ________________________________________
THIS ORDINANCE PASSED AND APPROVED on the _____________ day of
____________________________, 2007.
Approved:
__________________________________________
Joe Lockwood, Mayor
Attest:
_____________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Approved as to Form and Content:
_____________________________________
Mark E. Scott, City Attorney
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