HomeMy WebLinkAboutPacket-12-13-2007
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Neal O’Brien
Tina D’Aversa
Rick Mohrig
Thursday, December 13, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION -Reverend Bill Burke, Morning Star Chapel
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-446)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1) A proclamation declaring Friday, December 14, 2007, as Milton High School Girl’s
Lacrosse Day in Milton.
(Presented by Councilmember Karen Thurman)
7) CONSENT AGENDA
(Agenda Item No. 07-447)
1. Approval of the Financial Statements for the period ending November, 2007.
8) ZONING AGENDA
(Agenda Item No. 07-418)
1. 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
Page 1 of 3
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 DECEMBER 13, 2007 - 7:00 PM
along the east and west property line for a distance of 150 feet north of the existing
building. (This item was deferred on November 15, 2007.)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-437)
2. RZ07-011
To rezone from C-1 (Community Business) and O-I (Office-Institutional) to O-I (Office-
Institutional) to develop a 140,000 square foot office building with a maximum height of
4 stories.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-438)
3. RZ07-018/U07-009/ VC07-010
To rezone from C-1 (Community Business) and O-I (Office-Institutional) to C-1
(Community Business) to develop a 5,700 square foot retail commercial building and a
Use Permit (Article 19.4.41(1)) for a 3 story (less than 60 feet) 110,000 square foot
climate controlled self storage facility and a 2-part concurrent variance to 1) To locate the
refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands
every 11TH space instead of every 5TH space (Article 4.23.2).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-439)
4. RZ07-019/ U07-010/ VC07-011
To rezone from C-1 (Community Business) to O-I (Office-Institutional) to develop
23,000 square feet of office. The applicant is also requesting a Use Permit to exceed the
district height, Article 19.4.21, to allow the building to be constructed at a maximum
height of 70 feet that includes an underground garage and 3 stories of office. To request a
3-part concurrent variance to 1) To reduce the side setback from 20 feet to 15 feet along
the north property line (Article 8.1.3.C.); 2) To reduce the 25-foot non-impervious buffer,
to allow approximately 6,010 sq.ft. of encroachment to allow parking on pervious
pavement (City Code Chapter 14, Section 6.5.(i); 3)To reduce the 50-foot undisturbed
stream buffer to allow approximately 675 sq.ft. of encroachment to allow parking on
pervious pavement (City Code Chapter 14, Section 6.5 (ii)).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-440)
5. U07-006/ VC07-013
To request a Use Permit (Article 19.4.27) For a 1,890 sq. ft. existing building for a
landscape business and a 3-Part Concurrent Variance to 1) Reduce the 50-foot setback to
40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 50-foot buffer and
10-foot improvement setback to a 10-foot landscape strip planted to buffer standards
along the east property line (Article 12.H.C.1); and 3) Reduce the 50-foot buffer and 10-
foot improvement setback to a 15 foot landscape strip planted to buffer standards along
the south property line (Article 12.H.C.1).
(Presented by Tom Wilson, Community Development Director)
Page 2 of 3
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 DECEMBER 13, 2007 - 7:00 PM
(Agenda Item No. 07-442)
6. ZM07-007
To modify Condition 3.a. (03Z-159) to reduce the perimeter building setback along the
north property line for Lot 33, Phase 4 – Unit 1 of Triple Crown Subdivision from 50 feet
to 36 feet.
(Presented by Tom Wilson, Community Development Director)
9) FIRST PRESENTATION
10) UNFINISHED BUSINESS
11) NEW BUSINESS
(Agenda Item No. 07-448)
1. Consideration and approval of the January 2008 Meeting and Work Session Schedule
(January 10, 2008 - Regular Meeting, January 17, 2008 -Work Session, and January 24,
2008 – Regular Meeting).
(Presented Chris Lagerbloom, Interim City Manager)
(Agenda Item No. 07-449)
2. Approval of a Resolution of the Mayor and Council of the City of Milton, Georgia
authorizing solicitation of Tax Anticipation Note Financing.
(Presented by Stacey Inglis, Finance Manager)
(Agenda Item No. 07-450)
3. Approval of Legal Fees for November 2007.
(Presented by Stacey Inglis, Finance Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
(Agenda Item No. 07-451)
15) ADJOURNMENT
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
_______________________
Proclamation
“Milton High School Girl’s Lacrosse Day”
Whereas, lacrosse is a sport that requires skillful hand-eye coordination, mental awareness and
physical endurance; and
Whereas, the Girl’s Lacrosse program began in 1999 as a club program at Milton High School
and has grown rapidly since that time; and
Whereas, in 2002, the Georgia High School Association officially sanctioned lacrosse as a high
school sport and in 2005 recognized lacrosse as a full fledged championship sport; and
Whereas, the Milton High School Girl’s Lacrosse team has a tradition of excellence and
accomplishment in academic and athletic competition, reflecting the highest ideals of hard
work, training, and sportsmanship; and
Whereas, the Girl’s Lacrosse Team has had twenty members selected for All-State Honors, four
selected as First Team All Americans, three selected as Honorable Mention All Americans and
fifteen selected as Academic All Americans; and
Whereas, the team has reached the Georgia High School Association playoffs every year since
2002 and was the first public school team to win the Girl’s Lacrosse State Championship; and
Whereas, the Milton High School Girl’s Lacrosse team has won the Georgia High School Girl’s
Lacrosse State Championship an unprecedented three years in a row in 2005, 2006 and 2007;
and
Whereas, the players on the Milton High School Girl’s Lacrosse team are champions not only
on the field but also in the classroom, in the community and in life and we are proud that this
great team is located in Milton, Georgia.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dedicate and
proclaim the fourteenth day of December, 2007 as “Milton High School Girl’s Lacrosse
Day” in the city of Milton, Georgia.
Given under our hand and the Seal of the City of Milton, Georgia on this 13th day of
December, 2007
Joe Lockwood
Mayor
(Seal)
/U City of Milton
13000 Deerfield Parkway, Suite 107, M~lton,Georgia 30004
ClN COUNCIL AGENDA ITEM
TO: City Council DATE: December 5,2007
FROM: Interim City Manager
AGENDA ITEM:
ZMQ7-006-2865 Webb Road -To modify Condition 3.a. of 206-051 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.
MEETING DATE: Thursday, December 13,2007 Regular Meeting
BACKGROUND INFORMATION: (Attach addit/onal pages if necessaty)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
/\
CITY ATTORNEY APPROVAL REQUIRED: () YES )(NO
CITY ATTORNEY REVIEW REQUIRED: () YES $,A0
APPROVAL BY CITYATSOREY I)APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR: 12 13 r~0Q-l
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
APPROVAL CONDITIONAL
MILTON MAYOR & CITY COUNCIL
NOVEMBER 15, 2007 - DEFER FOR 30 DAYS TO DECEMBER 13, 2007
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 1 of 10
ZM07-006 Revised
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. The applicant had asked during the
public hearing to extend it another 150 feet as currently requested. It was
approved per Staff conditions which did not include the 150 feet beyond the
building. The applicant had thought it was approved the way she had
requested it.
The applicant obtained a fence permit for the chain link fence from Fulton
County prior to the incorporation of the city. The permit was incorrectly
approved to be located five feet interior to the property lines.
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. Since the
November 15, 2007 City Council meeting, a site plan depicting the existing
septic drainage field has been included in the Staff analysis. Based on this plan,
it appears that there is little room to provide a play yard except where the
undisturbed buffer is required per the ordinance.
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
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 2 of 10
ZM07-006 Revised
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. The applicant states
that she has a letter of support from the property owner adjacent to the site that
is currently zoned AG-1 (Agricultural) and has the support of the other adjacent
AG-1 (Agricultural) zoned property owner and is obtaining a letter from him.
Staff is of the opinion that the issue of narrowness of the parcel and the area
needed for the septic drainage field demonstrates a hardship that is not self-
imposed. Play equipment is not allowed on the drainage field area. Therefore,
Staff recommends APPROVAL CONDITIONAL of the requested modification to
condition 3.a.
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 and 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 December 13, 2007
12/6/2007 Page 3 of 10
ZM07-006 Revised
ZM07-006 LOCATION MAP
12/6/2007
ZM07-006 Revised
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
Page 4 of 10
SEPTIC FIELD DRAINAGE PLAN
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 5 of 10
ZM07-006 Revised
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 6 of 10
ZM07-006 Revised
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 7 of 10
ZM07-006 Revised
CURRENT PLAY YARD AREA
CURRENT PLAY YARD
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 8 of 10
ZM07-006 Revised
EAST PROPERTY LINE
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 9 of 10
ZM07-006 Revised
WEST PROPERTY LINE
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
12/6/2007 Page 10 of 10
ZM07-006 Revised
-c City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: December 5,2007
FROM: Interim City Manager
AGENDA ITEM:
RZ07-011 -To rezone from C-l (Community Business) and 0-1 (Office-InstitutionaI) to 0-1
(Office-Institutional) to develop a 140,000 square foot office building with a maximum height of
4 stories.
MEETING DATE: Thursday, December 13, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach addif;ona\ pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (J NOT APPROVED
CITYATTORNEY APPROVAL REQUIRED: (1 YES WNO
CITY ArrORNEY REVIEW REQUIRED: (]YES @NO
APPROVAL BY CITY ATTORNEY I)APPROVED () NOT APPROVED
PCACED ON AGENDA FOR: 12 13 ZaaT
REMARKS:
PETITION NUMBER(S):
RZ07-011
PROJECT NAME
Webb Road Office Building
PROPERTY INFORMATION
ADDRESS Webb Road
DISTRICT, LAND LOT 2/2 1048
OVERLAY DISTRICT State Route 9 Overlay
EXISTING ZONING O-I (Office & Institutional) Z94-116 &
C-1 (Community Business) Z97-076
PROPOSED ZONING O-I (Office & Institutional)
ACRES 9.286
EXISTING USE Undeveloped
PROPOSED USE 4 story office building – 140,000 square feet
OWNER Windward Way LLC, Southeastern Partners Realty LLC, MCMT LLC.
ADDRESS 5665 Highway 9, Suite 103-329, Alpharetta, GA 30004
PETITIONER/REPRESENTATIVE John McMillan
PHONE 770-751-9171
INTENT
To rezone from C-1 (Community Business) and O-I (Office & Institutional) to O-I
(Office & Institutional) to develop a 140,000 square foot, 4 story office building at a
density of 15,076.46 square feet per acre. Seventy-five (75) percent will be general
office and twenty-five (25) percent will be medical office.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 1 of 26
RZ07-011
R/P Z97-076
R/A Z94-116
CITY OF MILTON PLANNING COMMISSION
APPROVAL CONDITIONAL
(Requested applicant to go before the DRB prior to the MCC)
4-3
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 2 of 26
RZ07-011
R/P Z97-076
R/A Z94-116
LOCATION MAP
12/6/2007
RZ07-011
R/P Z97-076
R/A Z94-116
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
Page 3 of 26
CURRENT ZONING MAP
12/6/2007
RZ07-011
R/P Z97-076
R/A Z94-116
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
Page 4 of 26
SITE PLAN – Revised Site Plan, October 22, 2007
12/6/2007
RZ07-011
R/P Z97-076
R/A Z94-116
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
Page 5 of 26
SUBJECT SITE (From Webb Road looking South)
Looking north from site toward The Preserve at Windward Village
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 6 of 26
RZ07-011
R/P Z97-076
R/A Z94-116
SUBJECT SITE:
The subject site is located south of Webb Road and north of SR 9 (Cumming
Hwy). It is currently zoned O-I (Office & Institutional) pursuant to Z94-116 and
C-1 (Community Business) pursuant to Z97-76 on the eastern portion of the site.
The site is currently undeveloped except for the existing access via Devine Way
(private drive) from SR 9. There are existing retail and office uses just to the south
of the site. Within the site is a blue line stream which requires a 50 foot
undisturbed buffer and an additional 25 foot pervious setback.
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 office development is suitable based on the existing O-I
(Office & Institutional) to the west pursuant to Z94-116 approved at 1,572
square feet per acre and a height of 2 stories and Z05-029 to the east
approved at 12,844.32 square feet per acre and a height of 2 stories.
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 have a reasonable economic use as currently
zoned.
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 this should be
mitigated with the Recommended Conditions.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 7 of 26
RZ07-011
R/P Z97-076
R/A Z94-116
E. Whether the proposal is in conformity with the policies and intent of the
land use plan?
The proposed O-I (Office & Institutional) zoning is consistent with the
policies and intent of the Focus Fulton 2025 Comprehensive Land Use
Plan. A brief description of the project is noted below.
Focus Fulton 2025 Land Use Plan Map: Office
Proposed use/density:
4 Story Office Building / 15,076.46 square feet per acre
The Focus Fulton 2025 Land Use Plan Map suggests Office for the
surrounding properties to the east and west to the subject site and Retail
Commercial to the south along SR 9.
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 partially consistent with the following Plan
Policies:
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
• Building heights should be compatible with the surrounding area
and/or be consistent with transitional policies and other land use
policies.
• Existing trees, particularly specimen trees and trees along road
frontages should be preserved.
• To the extent possible, open space should be incorporated into all
developments.
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 office and commercial on the subject site and
surrounding properties and adopted land use policies support this request
for Office & Institutional to develop an office building; however, existing
zoning conditions restrict the height to 2 stories.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 8 of 26
RZ07-011
R/P Z97-076
R/A Z94-116
G. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
Staff notes that the proposed rezoning will have a minimal impact on the
environment and natural resource, but the recommended conditions will
help mitigate the impact.
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 14
00Z-151
MIX (Mixed Use)
The Preserve at Windward
Village
Townhomes -2.10
units/acre
Single Family
Attached – 1.02
Single Family
Detached - .46
North 15
03Z-081
MIX (Mixed Use)
Undeveloped
Office/commercial uses
2,228.14 sq.ft./acre
for retail and/or
office & 1,662.79
sq.ft./acre for
office / 67,000 sq.
ft. of retail and
50,000 sq.ft. of
office
Further
Northeast
16
00Z-151
MIX (Mixed Use)
The Park at Windward Village
Townhomes -2.10
units/acre
Single Family
Attached – 1.02
Single Family
Detached - .46
Further
Northeast
1
03Z-185
C-1 (Community Business)
Deerfield Place-Phase 1
9,552.93 sq.ft./acre
299,293 sq.ft.
East 17 AG-1 (Agricultural)
Single-Family Residential
1 unit/acre
1,500 sq.ft.
East 18
06Z-051
O-I (Office & Institutional)
I.Q. Academy
2,000 sq. ft within
existing structure
East 19 AG-1 (Agricultural)
Single-Family Residential
1 unit/acre
1,500 sq.ft.
Further
east
20
05Z-029
O-I (Office & Institutional)
Undeveloped
12,844.32
sq.ft./acre
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 9 of 26
RZ07-011
R/P Z97-076
R/A Z94-116
Pending
Z07-018
42,900 sq.ft.
2 stories
Further
east
20a
0Z-090
Pending
Z07-018
C-1 (Community Business)
Undeveloped
8,653.9 sq.ft./acre
18,000 sq.ft.
1 story
Further
east
3
86Z-219
C-1 (Community Business)
Re-Max Realty Office
8,000 sq.ft./acre
Further
East
4
04Z-030
C-2 (Commercial)
Katy’s Car Wash
3,935.97/sq.ft./acre
3,995 sq.ft.
2 stories
East 5
85Z-213
C-1 (Community Business)
Fulton Feed & Seed
Not Specified
East 6
06Z-026
C-1 (Community Business)
Firestone Tire Store
6,387.67sq.ft/acre
7,250 sq.ft.
East 7
Z97-075
O-I (Office & Institutional)
Nationwide Insurance Office
Office in existing
structure
Southeast 8
88Z-211/U88-47
C-1 (Community Business)
First Academy Day Care
3,163 sq.ft./acre
Southeast 9
Z93-019
C-1 (Community Business)
Staton Heating & Air
8,724 sq.ft./acre
South 11
Z97-76
C-1 (Community Business)
Windward Shopping Center
14,048 sq.ft./acre
88,500 sq. ft.
2 stories
Further
South
2
73Z-001
C-1 (Community Business)
Walmart Shopping Center
and various businesses
None Stated
Further
South
2a
06Z-049
C-1 (Commercial)
Cactus Car Wash
5,405.41 sq.ft./acre
6,000 sq. ft.
West 12 Kroger Shopping Center
City of Alpharetta
N/A
West 13
06Z-073
06U-012
MIX (Mixed Use) and Use
Permit
Undeveloped
13,000 sq.ft./acre
82,860 sq.ft.
2 stories
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 10 of 26
RZ07-011
R/P Z97-076
R/A Z94-116
EXISTING USES AND ZONING MAP
12/6/2007
RZ07-011
R/P Z97-076
R/A Z94-116
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
Page 11 of 26
SPECIMEN TREES ON SITE
12/6/2007
RZ07-011
R/P Z97-076
R/A Z94-116
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
Page 12 of 26
H. Suitability of the subject property under the existing zoning district for the
proposed use?
The existing zoning district will allow office and institutional uses but not at
the density or configuration that the applicant is requesting.
I. Suitability of the subject property under the proposed zoning district for the
proposed use?
The proposed zoning is suitable for the subject site if it is developed at a
maximum height of 2 stories. This will ease the transition from the office to
the residential to the north. In addition, the policy for the subject site is for
a height of 2 stories, pursuant to Z97-076.
J. The possible creation of an isolated zoning district unrelated to adjacent
and nearby districts.
The proposed request would not create an isolated zoning district.
K. Possible effects of the change of the zoning or change in use on the
character of a zoning district or overlay district?
The effect of the proposed zoning, if developed with the recommended
conditions, would be minimal to the zoning district or the SR 9 Overlay
District.
L. Whether the proposed zoning will be a deterrent to the value or
improvement of development of adjacent property in accordance with
existing regulations?
If approved with the recommended conditions, the proposed zoning
would be consistent with past policy on the site and be more in keeping
with the nearby residential and non-residential development in the area.
M. The possible impact on the environment, including but not limited to,
drainage, soil erosion and sedimentation, flooding, air quality and water
quality?
The subject site contains a blue line stream that requires 50 feet of
undisturbed buffer as well as a 25 foot impervious setback. This area will
help minimize runoff, soil erosion, and flooding, while improving air quality
and water quality.
Prepared by the Community Development Department for the
Mayor & City Council Meeting on December 13, 2007
12/6/2007 Page 13 of 26
RZ07-011
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N. The relation that the proposed zoning bears on the purpose of the overall
Land Use Plan with due consideration given to whether or not the
proposed change will carry out the purposes of this Land Use Plan.
The proposed rezoning as submitted is consistent with the overall Focus
Fulton 2025 Comprehensive Land Use Plan for the area if approved with
the recommended conditions.
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.
Staff is of the opinion that if approved at a maximum height of 2 stories,
the proposed office will create a transition from commercial to the south
to residential to the north. The required stream buffer will also create a
natural buffer between the office and the residential uses.
P. The amount of undeveloped or zoned land in the general area affected
which has the same zoning or future land use classification as the
proposed rezoning.
There are currently several approved zonings and land use classifications
in the general area of the subject site that are similar to the proposed
rezoning.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on October 22, 2007, Staff offers the following considerations:
BUILDING SETBACKS
The following building setbacks are required for the proposed O-I (Office &
Institutional) development:
Front (Webb Road) – 40 feet
Side (East Property line) – 20 feet
Side (West Property line) – 20 feet
Rear (South Property line) – 25 feet
Prepared by the Community Development Department for the
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The site plan indicates that the office building is located 10 feet from the east
property line. It appears that if the building is reconfigured it could meet the
minimum side building setback.
BUILDING HEIGHT
The applicant has proposed a four (4) story office building. The current zoning
pursuant to Z97-076 was approved for a maximum of two (2) stories. Also, Board
policy for the surrounding commercial and office zonings limits buildings to 2
stories in height. Therefore, Staff will condition the height of the building to 2
stories, not to exceed 30 feet from average grade.
LANDSCAPE STRIPS AND BUFFERS
Front (Webb Road) – 20 foot landscape strip
Side (East property line) – 10-foot landscape strip planted to buffer standards
pursuant to Z97-076, VC97-126)
Side (West Property line) – 10-foot landscape strip
Rear (South Property line) – 10-foot landscape strip
It appears that the site plan meets or exceeds the required landscape strips.
LOT COVERAGE
It appears that the footprint of all buildings and parking will not exceed 70
percent of the total land area.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed uses:
Proposed Use Minimum Requirement Spaces Provided
• Office & Institutional • 3 spaces per 1,000 sq. ft. of 300
(100,000 sq.ft. of office) general office (300)
(40,000 sq.ft. of medical 4 spaces per 1,000 sq.ft. of 160
Office) medical office (160)
Total 460 spaces required 460 spaces provided
Staff notes that the applicant is providing 460 parking spaces, which meets the
required 460 parking spaces required per Article 18 of the City of Milton Zoning
Ordinance. It also appears that the site plan is in compliance with the
landscape and layout requirements of Article 12G.4. Section F.
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City of Milton Arborist
Heavily wooded site with a stream running across the NW corner. Two (2)
specimen trees were located:
28” Oak
43” Double Sweetgum tree.
It appears that they are within the proposed parking lot.
PUBLIC INVOLVEMENT
On October 24, 2007 a Community Zoning Information Meeting was held at the
Milton City Hall. There were approximately two members of the community in
attendance that were interested in the subject site.
Public Comment: Staff has received one e-mail from representatives of the
Regency at Windward Square community, opposing the requested
development because of increased traffic in the area. It is attached to this
report. The applicant will be meeting with the representative prior to the Mayor
& City Council Meeting.
City of Milton Design Review Board Meeting – November 4, 2007
The applicant was not able to attend and therefore no comments were made
regarding the project but will be attending the December 4, 2007 meeting for a
courtesy review.
Public Notice Requirements
The rezoning petition was advertised in the Milton Herald on November 21, 2007
and the sign was installed before the required date of November 7, 2007 along
the frontage of Webb Road. The notice of rezoning was sent to adjacent
property owners on November 10, 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 seven days
prior to the Mayor and City Council meeting.
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CONCLUSION
The proposed development is consistent with Plan Policies and Board Policy for
the development of O-I (Office & Institutional) to develop an office building. The
petitioner’s request for four stories is inconsistent with Board policy on the site as
well as for surrounding developments where the height of buildings is limited to 2
stories. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ07-011 with
a height limit of two stories.
Prepared by the Community Development Department for the
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED O-I (Office & Institutional) 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) Office and Institutional and accessory uses, at a maximum density
of 15,076.46 gross floor area per acre zoned or a total gross floor
area of 140,000 square feet, whichever is less.
b) Limit the height of the building to no more than 2 stories or 30 feet
from average grade.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on October 22, 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.
3) To the owner’s agreement to the following site development
considerations:
a) Provide a 10-foot landscape strip planted to buffer standards along
the east property line adjacent to AG-1 (Agricultural) (97VC-126).
b) Provide at least one pedestrian entrance for each side of a building
that directly abuts a public street.
c) All building entrances shall be connected to the sidewalk network.
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d) Provide turning radius large enough for WB-50 vehicles to access all
buildings on site. Use AutoTurn to show turning movements.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Reserve the necessary Right of Way along the necessary property
frontage of Webb Road and SR 9, 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 Right of
Way Ordinance. The sidewalk/trail shall be located at the back of
the reserved Right of Way.
b) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-of-way as may be required by the Transportation
Engineer for Milton and GDOT to:
i. Provide at least 10.5 feet of right-of-way from the back of
curb (or edge of pavement for rural areas) 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. Overlay and striping for full width of Webb Road the length of
property lines plus any additional taper lengths necessary or
as approved by the Transportation Engineer for Milton.
iii. Provide as a minimum 55 feet of right-of-way from centerline
on Cumming Hwy (SR9). Provide 45 feet of right-of-way from
centerline of Webb Road.
iv. Provide adequate right-of-way dedication for addition of the
following elements on Webb Road:
a. EB Right turn lane into property
b. WB Left turn lane into property
v. The adequate right-of-way dedication for SR 9 shall be
determined by the signal warrant analysis and intersection
design as approved by the Georgia Department of
Transportation.
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vi. Provide easements along Webb Road where required for
sidewalks, as required by the Community Development
Director. Provide six foot wide concrete sidewalk along the
entire frontage of the property with a minimum 5 foot grass
strip between the sidewalk and the back of curb and all new
sidewalk installations along the rights-of-ways shall have a
transverse double row of faux concrete brick pavers every 50
feet as approved by the Community Development Director.
c. Provide motorized Inter parcel access to all adjoining properties as
required by the Transportation Engineer for Milton. Provide
additional non-motorized Inter parcel trails or sidewalks as may
be required by the Transportation Engineer for Milton.
d. Signal warrant analysis shall be preformed at the intersection of SR
9, Eastern Windward Way Commercial driveway, and eastern Wal-
Mart driveway. The signal analysis shall be submitted and analyzed
by GDOT.
i. If a signal is warranted, a new decorative mast arm
traffic signal at the intersection of SR 9, Eastern
Windward Way driveway, and Eastern Wal-Mart
driveway shall be installed and dedicated prior to a
C.O. as approved by the Transportation Engineer for
Milton and GDOT. The applicant is required to meet
with and coordinate his improvements with the
developers on all sides of his improvements.
Signalized intersections shall not be designed as a split
phase operation because of poor alignment or sight
distance as approved by the Transportation Engineer
for Milton and GDOT.
ii. If a signal is warranted, access at existing western
Windward Way Commercial driveway shall be a right
in/right out and a section of median required on SR 9
and as approved by the Transportation Engineer for
Milton and GDOT.
e. Gates are not allowed.
f. For office uses, a minimum of 1 car/vanpool or rideshare
dedicated area for 50 spaces. For all uses, a minimum of 1
bicycle space for every 10 parking spaces.
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g. 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 for Milton and GDOT. 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 at a maximum grade of six percent or as
approved by the Transportation Engineer for Milton and
GDOT.
i. The driveway located off of Webb Road shall be allowed to
be offset from utility drive on the opposite side of Webb Road
as shown on October 10, 2007 site plan. The intersection
angle and driveway design shall meet the City of Milton
design standards to be approved by the Transportation
Engineer for Milton.
ii. The Webb Road driveway shall be a right/left in, left out, and
right out driveway. This 3 lane queue length shall extend a
minimum of 100’ or the 95% queue length, whichever is
greater, of uninterrupted flow within the site. Driveway
location and design shall be approved by Traffic Engineer for
Milton and GDOT.
iii. The existing driveways on SR 9 shall be evaluated by the
Transportation Engineer for Milton and GDOT in response to
the signal warrant analysis.
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.
b. 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
acceptable design standards of the Department of Community
Development.
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c. The Developer shall utilize GASWCC limited application controls. All
water quality and detention facilities shall have vegetated surfaces
to be regularly maintained by the owner.
d. Provide a maximum 75 percent impervious, per drainage basin, at
maximum build-out.
Prepared by the Community Development Department for the
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APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
City of Milton Arborist
Heavily wooded site with a stream running across the NW corner. Two (2) specimen trees were
located:
28” Oak
43” Double Sweetgum tree.
It appears that they are within the proposed parking lot.
Transportation/Hydrology:
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 and
water quality area locations
Transportation Facilities:
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Mitigation Required from Project Impacts:
Webb Road dedicated eastbound right and westbound left turn lanes are required at proposed
Webb Road site driveway. The Webb Road driveway shall be a right/left in, left out, and right out
driveway. This 3 lane queue length shall extend a minimum of 100’ or the 95% queue length,
which ever is greater, of uninterrupted flow within the site. Driveway location and design shall be
approved by Traffic Engineer for Milton and GDOT. Signal warrant analysis shall be preformed at
Prepared by the Community Development Department for the
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the intersection of SR 9, Eastern Windward Way Commercial driveway, and Eastern Wal-Mart
driveway. The signal analysis shall be submitted and analyzed by GDOT.
Comments: The proposed mitigation conditions of zoning are in accordance with the Right of
Way Ordinance Section 3.2.d.
City of Milton Fire Marshal:
Traffic congestion could slow response times down in the area and the number of calls for
service could increase with the number of employees in the building. Fire lanes will have to be
maintained around building.
No other comments as long as three sides of access are accessible with required road width
and the two access roads are maintained.
Milton Public Safety
Commercial developments do not impact law enforcement for service as great as residential.
However, with increased traffic congestion calls for accidents could increase. Only continued
growth in the city will lead to need for additional officers.
Fulton County Public Works Department - Sewer
The applicant can sewer his property two ways. The property has been owned prior to 2006 and
does touch Highway 9. He can put the building on the property were it is shown and pump from
the basement, but he can not move it west to the adjoining property. In looking at the depth,
the sewer can gravity flow to the gravity system installed on Howard Carson’s near Highway 9.
(This is not the section going to the pump station.) Going by gravity would be much more
expensive.
Fulton County Health Department
The Fulton County Health Department recommends that the applicant be required to connect
the proposed development to public water and public sanitary sewer available to the site.
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.
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.
Plats for combination of lots must be submitted to this department for review and approval.
Prepared by the Community Development Department for the
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--
Ar City of Milton'cta,v13000 DeeSsld Parkway,Suite 107. Milton.Geargia 30004
CIW COUNCIL AGENDA ITEM
TO: City Council DATE: December 5,2007
FROM: Interim City Manager
AGENDA ITEM:
RZ07-018JU07-0091VC07-010 -To rezone faom C-1 (Community Business) and 0-1 (Office-
Institutional) to C-1 (Community Business) to develop a 5,700 square foot retail comrnercia1
building and a Use Permit (Article 19.4.41(1)) for a 3 story (less than 60 feet) 110,000 square
foot climate controlled self storage facility and a 2-part concurrent variance to 1) To locate the
refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands every 1lTH
space instead of every 5THspace (Article 4.23.2).
MEETING DATE: Thursday, December 13, 2007 Regular Meeting
BACKGROUND INFORMA nON: (Attach additional pages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (1 YES )()NO
CITY ATTORNEY REVIEW REQUIRED: (1 YES fl NQ
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOTAPPROVED
PETITION NUMBER(S):
RZ07-018
U07-009
VC07-010
PROJECT NAME
WEBB ROAD CLIMATE CONTROLED SELF STORAGE/RESTAURANT
PROPERTY INFORMATION
ADDRESS 2935, 2925 Webb Road
DISTRICT, LAND LOT 2/2 1047, 1048
OVERLAY DISTRICT State Route 9 Overlay
EXISTING ZONING O-I (Office-Institutional) 05Z-029 & C-1
(Community Business) 00Z-090
PROPOSED ZONING C-1 (Community Business)
ACRES 2.62
EXISTING USE Scattered Single Family Residences
PROPOSED USE Restaurant and Climate Controlled Self Storage
OWNER Webb Road Associates, LLC
ADDRESS 2915 Webb Road, Milton, GA 30004
PETITIONER/REPRESENTATIVE Ken Morton
PHONE 770-475-3138
INTENT
To develop a 5,700 square foot restaurant and a Use Permit (Article 19.4.41(1)) for a 3
story (less than 60 feet) 110,000 square foot climate controlled self storage facility at
44,160 square feet per acre and a 2-part concurrent variance to 1) To locate the
refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands
every 11TH space instead of every 5TH space (Article 4.23.2).
Prepared by the Community Development Department for the
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RZ07-018/U07-009/VC07-010
R/P 05Z-029
R/A 00Z-090
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
RZ07-018 - APPROVAL CONDITIONAL
U07-009 – APPROVAL CONDITIONAL
VC07-010, PARTS 1 & 2 – DENIAL
CITY OF MILTON PLANNING COMMISSION RECOMMENDATION
RZ07-018 - APPROVAL CONDITIONAL
U07-009 – APPROVAL CONDITIONAL
VC07-010, PARTS 1 & 2 – DENIAL
5-2
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R/P 05Z-029
R/A 00Z-090
LOCATION MAP
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RZ07-018/U07-009/VC07-010
R/P 05Z-029
R/A 00Z-090
CURRENT ZONING MAP
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R/P 05Z-029
R/A 00Z-090
SITE PLAN – Revised Site Plan October 24, 2007
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R/P 05Z-029
R/A 00Z-090
SUBJECT SITE
Looking north from site
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R/A 00Z-090
SPECIMEN TREES ON SITE
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R/P 05Z-029
R/A 00Z-090
SUBJECT SITE:
The subject site is located at the southwest corner of Webb Road and SR 9
(Cumming Hwy). It is currently zoned C-1 (Community Business) pursuant to 00Z-
090 located on the eastern portion of the site and O-I (Office-Institutional)
pursuant to 05Z-029 and is currently undeveloped except for single family
residences/office.
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 commercial development is suitable based on the existing
C-1 (Community Business) approved on the subject site as well as non
residential zonings and development surrounding the site. However, the
requested height is not suitable in view of adjacent and nearby property
based on current policy to allow up to 2 stories in height pursuant to Z05-
029 (a portion of the subject site) approved at 12,844.32 square feet per
acre and not to exceed 2 stories and 00Z-090 (subject site) approved at
8,653.9 square feet per acre and not to exceed 1 story.
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 have a reasonable economic use as currently
zoned.
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?
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It is Staff’s opinion that the proposed use may cause 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 district is partially
consistent with the policies and intent of the Focus Fulton 2025
Comprehensive Land Use Plan. A brief description of the project is noted
below.
Focus Fulton 2025 Land Use Plan Map: Office and Retail Service
Proposed use/density:
5,700 sq.ft. restaurant & 110,000 sq.ft. climate controlled self storage
facility / 44,160 square feet per acre
The Focus Fulton 2025 Land Use Plan Map suggests Retail Service on the
majority of the site and Office for the surrounding properties to the west
along Webb Bridge 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 partially consistent with the following Plan
Policies:
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
• Building heights should be compatible with the surrounding area
and/or be consistent with transitional policies and other land use
policies.
• Existing trees, particularly specimen trees and trees along road
frontages should be preserved.
• To the extent possible, open space should be incorporated into all
developments.
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 C-1 (Community Business) on the subject site and
surrounding properties and adopted land use policies support this request
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for a 5,700 square foot restaurant but is partially inconsistent with the
proposed 110,000 square foot climate controlled self storage facility but at
a maximum height of 2 stories based on policy of the existing zoning on
the site that conditions the site to 2 stories.
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.
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 15
03Z-081
MIX (Mixed Use)
Undeveloped
office/commercial uses
2,228.14 sq.ft./acre
for retail and/or
office & 1,662.79
sq.ft./acre for
office / 67,000 sf of
retail and 50,000 sf
of office
Further
North
16
00Z-151
MIX (Mixed Use)
The Park at Windward Village
2.1 u/a
Townhomes
1.02 u/a single
family attached
0.46 u/a for
detached single
family
Northeast 1
03Z-185
C-1 (Community Business)
Deerfield Place-Phase 1
Under Development
9,552.93 sq.ft./acre
299,293 sq.ft.
Southeast 2
73Z-001
C-1 (Community Business)
Walmart Shopping Center
and various businesses
None Stated
South 2a
06Z-049
C-1 (Commercial)
Cactus Car Wash
5,405.41 sq.ft./acre
6,000 sq. ft.
South 3
86Z-219
C-1 (Community Business)
Re-Max Realty Office
8,000 sq.ft./acre
South 4 C-2 (Commercial) 3,935.97/sq.ft./acre
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R/A 00Z-090
04Z-030 Katy’s Car Wash 3,995 sq.ft.
2 stories
South 5
85Z-213
C-1 (Community Business)
Fulton Feed & Seed Not Specified
Further
South
6
06Z-026
C-1 (Community Business)
Firestone Tire Store
6,387.67sq.ft/acre
7,250 sq.ft.
Further
South
7
Z97-075
O-I (Office-Institutional)
Nationwide Insurance Office
Office in existing
structure
Further
South
8
88Z-211/U88-47
C-1 (Community Business)
First Academy Day Care
3,163 sq.ft./acre
Southwest 9
Z93-019
C-1 (Community Business)
Staton Heating & Air
8,724 sq.ft./acre
Southwest 11
Z97-76
C-1 (Community Business)
Windward Shopping Ctr
14,048 sq.ft./acre
88,500 sq. ft.
2 stories
Further
Southwest
12 Kroger Shopping Center
City of Alpharetta
N/A
Further
West
13
06Z-073
06U-012
MIX (Mixed Use) and Use
Permit
Undeveloped
13,000 sq.ft./acre
82,860
2 stories
Further
West
10
Z94-116
Pending
RZ07-011
O-I (Office-Institutional)
Undeveloped
1,572 sq. ft./acre
2 stories
Further
West
10
Z97-76
Pending
RZ07-011
C-1 (Community Business)
Undeveloped
14,048 sq.ft./acre
88,500 sq. ft.
2 stories
Further
Northwest
14
00Z-151
MIX (Mixed Use)
The Preserve at Windward
Village
2.10 u/a
1.02 u/a single
family attached
0.46 u/a for
detached single
family
West 17 AG-1 (Agricultural)
Single-Family Residential
1 unit/acre
1,500 sq.ft.
West 18
06Z-051
O-I (Office-Institutional)
I.Q. Academy
2,000 sq. ft within
Existing structure
West 19 AG-1 (Agricultural)
Single-Family Residential
1 unit/acre
1,500 sq.ft.
West 20
05Z-029
O-I (Office-Institutional)
Undeveloped
12,844.32 s.f./acre
42,900 sq.ft.
2 stories
Prepared by the Community Development Department for the
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EXISTING USES AND ZONING MAP
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H. Suitability of the subject property under the existing zoning district for the
proposed use?
The existing zoning district will allow retail service uses for the proposed
restaurant on the east portion of the property but not for the climatized
storage at the density or configuration that the applicant is requesting.
I. Suitability of the subject property under the proposed zoning district for the
proposed use?
The proposed zoning is suitable for the subject site if it is developed at a
maximum height of 1 story for the restaurant. The proposed climate
controlled self storage should be developed at a maximum height of 2
stories to create a transition from the subject site to adjacent properties
that have been developed or approved at one story. In addition, the
policy for the subject site is for a height of 2 stories pursuant to 05Z-029.
J. The possible creation of an isolated zoning district unrelated to adjacent
and nearby districts.
The proposed request would not create an isolated zoning district.
K. Possible effects of the change of the zoning or change in use on the
character of a zoning district or overlay district?
The effect of the proposed zoning, if developed with the recommended
conditions, would be minimal to the zoning district or the SR 9 Overlay
District.
L. Whether the proposed zoning will be a deterrent to the value or
improvement of development of adjacent property in accordance with
existing regulations?
If approved with the recommended conditions, the proposed zoning
would be consistent with past policy on the site and be more in keeping
with the nearby residential and non-residential development in the area.
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
Prepared by the Community Development Department for the
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over the site’s previous use as being undeveloped. If developed with
recommended conditions, the impacts will be mitigated.
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 for the area if approved
with the recommended conditions.
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.
Staff is of the opinion that if approved at a maximum height of 2 stories,
the proposed climate controlled self storage will create a better transition
from commercial to other non-residential and multi-family to the north.
P. The amount of undeveloped or zoned land in the general area affected
which has the same zoning or future land use classification as the
proposed rezoning.
There are currently approved zonings and land use classifications in the
general area of the subject site that are similar to the proposed rezoning.
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 (Article 19.4.41(1)) of the Zoning
Ordinance, the proposed development is consistent with the intent and
following policies of the Comprehensive Plan:
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• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
• Commercial uses and higher density residential developments are
limited to areas designated in the Comprehensive Plan and Land
Use Map.
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 climate controlled
self storage facility is expected to be compatible with other land uses
nearby 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 increase the amount of vehicular traffic, but the
impact should be mitigated with the recommended conditions.
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 5,000 square feet and 1 parking space per employee.
The applicant is proposing 23 parking spaces located in front of the
building along Webb Road. The proposed parking meets the minimum
required amount of parking.
F. The amount and location of open space;
The applicant’s site plan indicates a minimal amount of open space
because of the high density of the development proposed for the site.
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G. Protective screening;
The proposed development will retain most of the existing trees located in
the stream buffer. The parking areas can be screened by additional
vegetation, as required by the City Tree Ordinance.
H. Hours and manner of operation;
The applicant has indicated that building will be used during regular
business hours.
I. Outdoor lighting;
The applicant has indicated that the site lighting will comply with Highway
9 Overlay requirements.
J. Ingress and egress to the property.
The applicant’s site plan proposes one curb cut on State Route 9 (No left
turn permitted onto SR 9) and one on Webb Road. The Webb Road curb
cut is located across from the existing curb cut on the north side of Webb
Road.
In summary, the proposed Use Permit is consistent with the policies of the Focus
Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and
development standards required by Article 19.4.41(1) if approved with the
recommended conditions to limit the height of the building to 2 stories.
Therefore, Staff recommends this petition, U07-009 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 October 24, 2007, Staff offers the following considerations:
BUILDING SETBACKS
The following building setbacks are required for the proposed C-1 (Community
Business) development:
Front (State Route 9) – 40 feet
Side Corner (Webb Road) – 40 feet
Side (South Property line) – 0 feet
Rear (West Property line) – 25 feet
Prepared by the Community Development Department for the
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The site plan indicates the compliance with the required building setbacks.
BUILDING HEIGHT
The applicant has requested a one story restaurant on the eastern portion of the
site. This is consistent with Board policy on the site and will be reflected in the
recommended conditions. The applicant has proposed a three (3) story climate
controlled storage facility. The current zoning pursuant to 00Z-090 was approved
for a maximum of one story and further to the west on the subject site 05Z-029
was approved for 2 stories. Also, Board policy for the surrounding commercial
and office zonings do not exceed 2 stories in height. Therefore, Staff will
condition the height of the self storage facility to 2 stories not to exceed 30 feet
from average grade.
LANDSCAPE STRIPS AND BUFFERS
Front (State Route 9) – 20 foot landscape strip (Per State Route 9 Overlay)
Side Corner (Webb Road) – 20 foot landscape strip (Per State Route 9 Overlay)
Side (South Property line) – 10-foot landscape strip
Rear (West Property line) – 10-foot landscape strip
It appears that the site plan meets or exceeds the required landscape strips.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed uses:
Proposed Use
Restaurant
(5,700 sq.ft.)
Minimum Requirement
10 spaces per 1,000 sq. ft. of
restaurant (57 spaces)
Spaces Provided
68 Provided for
Restaurant
Self Storage
(110,000 sq.ft. )
1 per 5,000 sq.ft. (22)
1 per employee (1)
23 Provided for storage
Total 115,700 sq.ft 80 spaces required 91 spaces provided
Staff notes that the applicant is providing 91 parking spaces, which exceeds the
required 80 parking spaces required per Article 18 of the City of Milton Zoning
Ordinance. Specifically, the site plan does not exceed the minimum for the
storage facility but is exceeding the required parking for the restaurant by 11
spaces.
Prepared by the Community Development Department for the
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The applicant is requesting a concurrent variance to allow parking islands every
11TH space instead of every 5TH space (Article 4.23.2). The site plan shows a total
of 68 parking spaces. To meet the requirement per Article 4.23.2, an additional 6
spaces are required. By providing the required landscape islands, a total of 62
spaces will remain. The applicant has not demonstrated a hardship that is not
self imposed. Therefore, Staff recommends DENIAL of Part 2, VC07-010.
OTHER CONSIDERATIONS
Article 12G.4.B.4 in the SR 9 Overlay District requires refuse areas to be placed in
the least visible location from public streets. The site plan shows the refuse area
enclosed within the building that fronts Webb Road. This location is not
consistent with the required location. It is Staff’s opinion that the applicant could
relocate the refuse area to the side or rear of the building. Therefore, Staff
recommends DENIAL of Part 1, VC07-010.
The site plan is in compliance with the State Route 9 Overlay District
development standards. It is also compliant with the Use Permit standards
pursuant to Article 19.4.41(1).
CITY ARBORIST
Need to demonstrate an effort to save the three specimen trees in the northeast
corner of the property.
PUBLIC INVOLVEMENT
On October 24, 2007 the Community Zoning Information Meeting was held at
the Milton City Hall. There were approximately two members of the community
in attendance that were interested in the subject site.
Public Comment: Staff has received 1 e-mail which represents the Regency at
Windward Square in opposition to the requested development because of
increased traffic in the area. It is attached to this report.
City of Milton Design Review Board Meeting – November 4, 2007
This case was not reviewed by the DRB, but will be reviewed at the December 4,
2007 meeting.
Public Notice Requirements
The rezoning petition was advertised in the Milton Herald on November 21, 2007
and the sign was installed before the required date of November 7, 2007 along
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the frontage of Webb Road. The notice of rezoning was sent,to adjacent
property owners on November 10, 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 development is consistent with Plan Policies and Board Policy for
the development of C-1 (Community Development) to develop a restaurant
and climatized self storage. The petitioner’s request for four stories is inconsistent
with Board policy on the site as well as for surrounding developments that limit
the height of buildings to 2 stories. Therefore, Staff recommends APPROVAL
CONDITIONAL of RZ07-011 but to limit the height to 2 stories. Staff recommends
DENIAL of Parts 1 and 2 of VC07-010 based on the fact that the applicant has
not demonstrated a hardship that is not self imposed.
Prepared by the Community Development Department for the
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED O-I (Office-Institutional) 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 all exterior food and beverage service areas, at a
maximum density of 44,160 gross square feet per acre zoned or a
total of 115,700 square feet excluding fast food restaurants and
drive throughs.
b) 110,000 square foot climate controlled self storage excluding
businesses operating within the facility, truck rentals, and no outside
storage. (U07-009)
c) Limit the height of the 5,700 square foot building to no more than 1
story.
d) Limit the height of the 110,000 square foot climate controlled self
storage to 2 stories and 30 feet in height to the eave.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on October 24, 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.
Prepared by the Community Development Department for the
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3) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a. Reserve the necessary Right of Way along the necessary property
frontage of Webb Road and SR 9, 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 Right of Way
Ordinance. The sidewalk/trail shall be located at the back of the
reserved Right of Way.
b. Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-of-way as may be required by the Transportation
Engineer for Milton and GDOT to:
i. Provide at least 10.5 feet of right-of-way from the back
of curb (or edge of pavement for rural areas) 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 at least 5 feet of right-of-way for future
construction of a standard bicycle lane across the
frontage of Cumming Hwy (SR9) for limits of overlay as
approved by the Transportation Engineer for Milton and
GDOT.
c. Provide as a minimum 55 feet of right-of-way from centerline on
Cumming Hwy (SR9). Provide 45 feet of right-of-way from centerline
of Webb Road.
d. Provide the following elements on Webb Road:
i. WB Left Turn Lanes on Webb Road at both
driveways
ii. EB Right auxiliary lane along the entire property
frontage on Webb Road with necessary striping.
iii. Easements where required shall be provided for
sidewalks, as required by the Community
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Development Director. Provide six foot wide
concrete sidewalk along the entire frontage of
the property with a minimum 5 foot grass strip
between the sidewalk and the back of curb, as
approved by the Community Development
Director.
iv. Gates are not allowed.
v. Provide asphalt overlay along entire frontage as
directed by the Transportation Engineer for
Milton.
e. Provide the following elements on SR 9:
i. SB Right auxiliary lane and 5-foot bike lane along the entire
property frontage on SR 9 with necessary striping. All
improvements should be approved by the Transportation
Engineer for Milton and the Georgia Department of
Transportation.
ii. Provide motorized Inter parcel access to all adjoining
properties as required by the Transportation Engineer
for Milton. Provide additional non-motorized Inter
parcel trails or sidewalks as may be required by the
Transportation Engineer for Milton.
iii. Installation and dedication of a new decorative mast
arm traffic signal at the intersection of Webb Road and
Cumming Highway (SR 9) prior to a C.O. as approved
by the Transportation Engineer for Milton and GDOT.
The applicant is required to meet with and coordinate
his improvements with the developers on all sides of his
improvements. Signalized intersections shall not be
designed as a split phase operation because of poor
alignment or sight distance as approved by the
Transportation Engineer for Milton and GDOT.
iv. 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 for Milton and GDOT. 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
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feet at a maximum grade of six percent or as approved by
the Transportation Engineer for Milton and GDOT.
v. Driveway access on SR 9 to be permitted by the
Transportation Engineer for Milton and GDOT.
vi. Easements where required shall be provided for sidewalks, as
required by the Community Development Director. Provide six
foot wide concrete sidewalk along the entire frontage of the
property with a minimum 5 foot grass strip between the
sidewalk and the back of curb new sidewalk installations
along the rights-of-ways shall have a transverse double row of
faux concrete brick pavers every 50 feet as approved by the
Community Development Director.
vii. Provide asphalt overlay along entire frontage as directed by
the Transportation Engineer for Milton and the Georgia
Department of Transportation.
4) 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.
b. 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
acceptable design standards of the Department of Community
Development.
c. The Developer shall utilize GASWCC limited application controls. All
water quality and detention facilities shall have vegetated surfaces
to be regularly maintained by the owner.
d. Provide a maximum 75 percent impervious, per drainage basin, at
maximum build-out.
e. Recommend utilization of pervious materials for perimeter parking
spaces or as approved by the Transportation Engineer.
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APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
City of Milton Arborist
Heavily wooded site with a stream running across the NW corner. Two (2) specimen trees were
located:
28” Oak
43” Double Sweetgum tree.
It appears that they are within the proposed parking lot.
Transportation:
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 and water quality area locations
Transportation Facilities:
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Mitigation Required from Project Impacts:
Webb Road dedicated eastbound right and westbound left turn lanes at both proposed
site driveways. Shared site entrance with southern parcel on Cumming Highway (SR 9)
shall be a right/left in, left out, and right out driveway. This 3 lane queue length shall
extend a minimum of 100’ uninterrupted flow within the site. Driveway location and
design shall be approved by Traffic Engineer for Milton and GDOT.
Comments: The proposed mitigation conditions of zoning are in accordance with the
Right of Way Ordinance Section 3.2.d.
Hydrology:
Types of detention proposed:
City of Milton Fire Marshal:
Fire department access has to be maintained in any commercial structure above 30 feet.
Approved Access roads will have to be maintained at all times. The fuel load in the storage
facility could increase water usage in cases of a fire.
Milton Public Safety
Commercial developments do not impact law enforcement for service as great as residential.
However, with increased traffic congestion calls for accidents could increase. Only continued
growth in the city will lead to need for additional officers.
Fulton County Health Department
The Fulton County Health Department recommends that the applicant be required to connect
the proposed development to public water and public sanitary sewer available to the site.
Since this proposed development constitutes a premise where people work, live, or congregate,
onsite sanitary facilities will be mandatory, prior to use or occupancy.
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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.
Plats for combination of lots must be submitted to this department for review and approval.
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A&
City of MiRon-
13000 Meld Pahvay, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 5,2007
FROM: Interim City Manager
AGENDA ITEM:
W07-0191UOT-0101 VC07-011-To rezone from C-1 (Community Business) to 0-1
(Ofice-Institutional) to develop 23,000 square feet of office. The applicant is also
requesting a Use Permit to exceed the district height, Article 19.4.21, to allow the
building to be constructed at a maximum height of 70 feet that includes an underground
garage and 3 stories of ofice. To request a 3-part concurrent variance to 1) To reduce the
side setback from 20 feet to 15 feet along the north property line (Article 8.1.3.C.);2) To
reduce the 25-foot non-impervious buffer, to allow approximately 6,O 10 sq.ft.of
encroachment to allow parking on pervious pavement (City Code Chapter 14, Section
6.5.(i); 3)To reduce the 50-foot undisturbed stream buffer to allow approximately 675
sq.ft. of encroachment to allow parking on pervious pavement (City Code Chapter 14,
Section 6.5 (ii)).
MEETING 'PATE: Thursday, December 13, 2007 Regular Meeting
BACKGROUND INFORMA TlON: (Attach additfonal pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
i\
CITY APTORNEY APPROVAL REQUIRED: () YES RNO
CITY ATTORNEY REVIEW REQUIRED: () YES HNO
APPROVALBYGi7YATTQRNEY ()APPROVED 6) NOT APPROVED
PETITION NUMBER(S)
RZ07-019
U07-010
VC07-011
PROJECT NAME
Charter Global
PROPERTY INFORMATION
ADDRESS 12800 Deerfield Parkway
DISTRICT, LAND LOT 2/2 114,113
OVERLAY DISTRICT State Route 9
EXISTING ZONING C-1 (Community Business) Z00-025
PROPOSED ZONING O-I (Office & Institutional)
ACRES 3.04
EXISTING USE Undeveloped
PROPOSED USE 3 story office building with underground parking
OWNER Charter Global, Inc.
ADDRESS 5445 Triangle Parkway, Suite 190, Norcross, GA 30092
PETITIONER/REPRESENTATIVE Wendy S. Butler, W. Butler Legal Services, LLC
ADDRESS 11330 Lakefield Drive, Building II, Suite 200,
Johns Creek, GA 30097
PHONE 770.814.4255
INTENT
To rezone from C-1 (Community Business) to O&I (Office & Institutional) to develop a
23,000 square foot, three story office building, with an underground parking garage,
at a density of 7,565.79 square feet per acre. The applicant is requesting a Use
Permit (Article 19.4.21) to allow the proposed building to be constructed at a height
of 70 feet. The applicant is also requesting a three-part concurrent variance: 1) To
reduce the side setback from 20 feet to 15 feet along the north property line; 2) To
encroach into the 50 foot stream bank buffer by approximately 675 square feet to
allow pervious parking; 3) To encroach into the 75 foot impervious setback by
approximately 5,701 square feet to allow pervious parking.
Prepared by the Community Development Department for the
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COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL -- RZ07-019
APPROVAL CONDITIONAL -- U07-010
APPROVAL CONDITIONAL -- VC07-011, Parts 1-3
CITY OF MILTON PLANNING COMMISSION
APPROVAL CONDITIONAL -- RZ07-019
APPROVAL CONDITIONAL -- U07-010
APPROVAL CONDITIONAL -- VC07-011, Parts 1-3
7-0
Planning Commission asked that the applicant protect trees and pervious
surfaces as much as possible.
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LOCATION MAP
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CURRENT ZONING MAP
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REVISED SITE PLAN – November 13, 2007
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Subject Site
(Looking from Deerfield Pkwy)
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Specimen Trees on Subject Site
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SUBJECT SITE:
A 3.04 acre site currently zoned C-1 (Community Business) pursuant to Z00-025
approved for retail, service commercial, and or office, and accessory uses at a
density of 5,197.37 square feet per acre or a total of 15,800 square feet,
whichever is less. The site is currently vacant. It is wooded and contains an
unnamed creek which flows along the southern property line, eventually
draining into Lake Deerfield. The subject property is currently bordered by O&I
zoned properties to the north and south and C-1 properties to the west.
The property is part of the planned development of Lake Deerfield, and is
subject to covenants of the development. The property is also subject to the
State Route 9 Overlay District regulations.
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 office development is suitable based on:
1. The existing O&I (Office & Institutional) zoning to the north, pursuant to
Z99-011 approved at 19,191square feet per acre and 6 stories.
2. The existing O&I (Office & Institutional) zoning to the south, pursuant to
Z97-123 approved at 13,000 square feet per acre and 6 stories.
3. The existing O&I (Office & Institutional) zoning to the east, pursuant to
Z97-098 approved at 11,500 square feet per acre and 4 stories.
4. The existing C-1 (Community Business) zoning to the west, pursuant to
Z73-001. No density stated.
The original rezoning for this site was approved in 2000, for a 15,800 square
foot building, at 5,197.37 square feet per acre with no height restriction.
The applicant is currently proposing a 23,000 square foot building, at a
density of 7,565.79 square feet per acre.
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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 does have a reasonable economic use as currently
zoned as it is zoned C-1 (Community Business).
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 O&I (Office & Institutional) zoning is consistent with the
policies and intent of the Focus Fulton 2025 Comprehensive Land Use
Plan. The subject property is located along the west side of Deerfield
Parkway, north of Morris Road, which the Comprehensive Plan discusses
as being appropriate for Retail and Service uses. It is the opinion of the
Staff that the proposed use and its proximity to other service, commercial
and office uses lends itself to the desired retail and service composition of
the area and complies with the policies of the Comprehensive Plan.
Focus Fulton 2025 Land Use Plan Map: Retail & Service
Proposed use/density:
3 Story Office with parking under building/7,565.79 square feet per acre
The Focus Fulton 2025 Land Use Plan Map suggests Retail and Service for
the surrounding properties along the Deerfield Parkway corridor south of
Webb Road, and north of Windward Parkway.
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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 Retail and Service land use should provide
inter-parcel access within and between land uses to improve
transportation circulation and increase pedestrian safety. The
development proposes interparcel access to the property to the
North.
• Direct business to areas throughout the City that are targeted for
economic growth. The proposed building is in a planned
office/retail/commercial center.
• Encourage development that improves air quality and protects
human heath and the environment. The proposed development
will utilize pervious parking and possibly a green roof.
• The transportation system should incorporate automobile, transit
when available, bicycle, pedestrian facilities. The proposed
development is on an existing bus route and includes existing
sidewalks.
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 community business on the subject site and to the west,
and of office and institutional to the north , south, and east, as well as
adopted land use policies support this request to develop an office
building.
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 materials proposed by the
applicant and the recommended conditions will help mitigate the
impact.
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Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning /
Development Name
Approved Density
(sq ft per acre)/
Max Square Feet
of Bldg
North 1
Z-93-011
U99-008
(to exceed height)
O&I (Office & Institutional)
Undeveloped 19,191/223,000
Six stories
East 2
Z97-098
O&I (Office & Institutional)
Verizon office buildings 11,500/437,000
Four Stories
South 3
Z97-123
O&I (Office & Institutional)
Marriot Spring Hills Suites hotel 13,000/282,000
Six Stories
Southwest 4
Z96-127
C-1 (Community Business)
Home Depot 11,625/262,500
Four Stories
West 5
Z73-001
C-1 (Community Business)
Walmart None Stated
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EXISTING USES MAP
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H. Suitability of the subject property under the existing zoning district for the
proposed use?
The existing zoning of C-1 (Community Business) is suitable; however, the
building that is currently allowed per RZ00-025 is 7,200 square feet smaller
than then proposed 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 O&I (Office
and Institutional). This zoning district allows for offices and hotels, which
are some of the existing uses surrounding the subject property.
J. The possible creation of an isolated zoning district unrelated to adjacent
and nearby districts.
The proposed rezoning to O&I (Office and Institutional) would not create
an isolated district. There are O&I (Office and Institutional) zonings in the
immediate vicinity to the north, south and east of the subject property
along the Deerfield Parkway 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 will give continuity to Deerfield Parkway
corridor, continuing an already existing use.
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 will not be a deterrent
to the value of adjacent properties developed or anticipated to be
developed under existing regulations.
M. The possible impact on the environment, including but not limited to,
drainage, soil erosion and sedimentation, flooding, air quality and water
quality?
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Staff notes that the proposed rezoning may have an impact on the
environment because of the increased amount of storm water runoff, and
the encroachment of impervious surfaces in the 75 foot impervious
setback buffer and the 50 foot stream bank buffer. However, the use of
pervious materials for the parking lot, and the recommended conditions
should help mitigate any negative impact.
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 consistent with the overall Focus
Fulton 2025 Comprehensive Land Use Plan which recommends Retail and
Service for the subject site. There are commercial, service and office uses
adjacent to the subject property.
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.
There are no residential uses adjoining the subject property.
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, O&I (Office and Institutional) zoned, 21.3 acre
parcel to the north of the subject property, and a 2.35 acre O&I (Office
and Institutional) zoned property with an existing hotel, to the south of the
subject property. To the east, there is a 43.42 acre, O&I zoned property
containing office buildings. All of these surrounding properties fall within
the Retail and Service designation on the 2025 Future Land Use Map.
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In summary, the proposed O&I zoning is consistent with the policies of the Focus
Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and the
surrounding C-1 and O&I districts. Therefore, Staff recommends that this petition,
RZ07-019 be APPROVED CONDITIONAL subject to the attached Recommended
Conditions.
Per Article 8.1.3.A, O&I zoning allows four story, 60 foot tall buildings. The
applicant is requesting a Use Permit to allow a three story, 70 foot tall office
building, with one story of parking underneath the building. While the building
technically will be four stories, the parking structure will remain open and
embedded in the slope. Only three floors will be occupied by offices. The
structure will be 70 feet high from finished grade. Other Use Permits for height
increase have been approved in the vicinity of the subject property.
Immediately to the north, U99-008 was approved allowing a six story building. To
the north of this site, U00-025 was approved allowing a six story building. There
are no adjacent residential uses that would be adversely affected by the
approval of the height increase.
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 19.4.2 of the Zoning Ordinance, the
proposed development is consistent with the intent and following policies
of the Comprehensive Plan:
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
• Commercial uses and higher density residential developments are
limited to areas designated in the Comprehensive Plan and Land
Use Map.
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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 office is expected
to be compatible with other land uses, and approved use permits
allowing six story buildings, 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 increase the amount of vehicular traffic, but the
impact should be mitigated with the recommended conditions. Staff
notes that there is an existing sidewalk along the Deerfield Parkway
frontage, which will facilitate pedestrian access. Also of note, the subject
property is on a current Marta bus line.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 3 parking
spaces per every 1000 square feet, up to 250,000 square feet. The
applicant is proposing 75 parking spaces located in front, behind and
underneath the building. All parking areas will be located on site, and will
consist of pervious paving materials, enhanced by a 6-10 inch gravel
base. The proposed site plan shows 675 square feet of pervious parking
within the 50 foot undisturbed buffer, and 6,010 square feet of pervious
parking in the 75 foot impervious setback.
F. The amount and location of open space;
The applicant’s site plan indicates that over half of the subject site is
undeveloped due to the stream buffers. Staff is of the opinion that the
proposed development will provide adequate open. Approximately
52,146 square feet (1.2 acres) will be disturbed on the 3 acre site.
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G. Protective screening;
The proposed development will retain most of the existing trees located in
the stream buffer. The parking areas can be screened by additional
vegetation, as required by the City Tree Ordinance.
H. Hours and manner of operation;
The applicant has indicated that building will be used during regular
business hours.
I. Outdoor lighting;
The applicant has indicated that the site lighting will comply with Highway
9 Overlay requirements.
J. Ingress and egress to the property.
The applicant’s site plan proposes one curb cut on Deerfield Parkway.
Staff notes that the curb cut will be located on the adjacent Crescent
Resources property to the North. The property is currently undeveloped,
so the entrance will be built as part of this development. It is Staff’s
opinion that this shared entrance will be a benefit by minimizing
interruptions to the flow of traffic along Deerfield Parkway.
In summary, the proposed Use Permit is consistent with the policies of the Focus
Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and the
surrounding C-1 and O&I districts, and associated Use Permits to exceed the
district height. Therefore, Staff recommends this petition, U07-010 be APPROVED
CONDITIONAL subject to the attached Recommended Conditions.
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on November 6, 2007, Staff offers the following
considerations:
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BUILDING SETBACKS
The site plan indicates compliance with the following zoning district minimum
building setbacks pursuant Article 8.1.3:
Front Yard (adjacent to Deerfield Parkway) 40 feet
Rear Yard (west property line) 25 feet
The applicant is requesting approval of a concurrent variance to reduce the
north side yard setback from 20 feet to 15 feet. This will allow the proposed
building to encroach into the existing 20 foot setback by 5 feet. The property is
bounded on the south by a unnamed creek, and its associated buffers. It is
Staff’s opinion that this is a reasonable request due to the size, shape and
topography of the subject lot, and recommends APPROVAL CONDITIONAL of
Part 1 of VC07-011.
LOT COVERAGE
Per Article 8.1.3.J, the area of the footprint of all buildings and parking shall not
exceed 70 percent of the total land area. The proposed development meets
this requirement.
LANDSCAPE STRIPS AND BUFFERS
In addition to the State’s 25 foot stream bank buffer, Chapter 14, Article 6,
Section 5, (a) of the City Code, requires that an undisturbed, natural vegetative
buffer shall be maintained for 50 feet on both banks of the stream, along with
an additional 25 setback, beyond the undisturbed buffer, in which all impervious
cover shall be prohibited. Grading, filling and earthmoving shall be allowed, but
minimized within this setback.
The applicant’s letter of intent states that this site was originally subdivided and
planned when the State only required a 25 foot stream buffer, along with a 35
foot stream buffer, required by Fulton County. Faced with constraints due to
the shape of the property, and the more restrictive buffers, the applicant states
that it is necessary for the proposed parking to encroach into the 50 buffer and
75 impervious setback. The proposed development shows parking
encroaching into the 50 foot stream bank buffer by approximately 675 square
feet, and parking encroaching into the 75 foot impervious setback by
approximately 5,701 square feet. The letter of intent states that the developer
has taken every effort to avoid placing any development within the stream
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buffers, and wishes to maintain the natural portions of the property wherever
possible. To minimize the disturbance to the buffer, pervious concrete will be
used for all parking areas, creating a 93 percent pervious area. In the effort to
further minimize disturbance of the buffer, the applicant also proposes a large
retaining wall along the northern property line and underground parking.
Article 12G.4 Section A.1 of the State Route 9 Overlay District requires a twenty
(20) foot-wide landscape strip along Deerfield Parkway. Article 12G.4 Section
A.3 further states that for every thirty (30) linear feet of 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. Although the site
plan does not indicate the 20 foot landscape strip along Deerfield Parkway,
there appears to be adequate area and existing trees to meet this requirement.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Type of Use spaces /
1000 sf
Approx.
Project sf
Spaces
Required
Spaces
Provided
Office 3 23,000 69 75
Totals 23,000 69 75
Staff notes that the applicant is proposing 75 parking spaces, which are six (6)
over (8.6%) of the parking spaces required per Article 18 of the City of Milton
Zoning Ordinance. While, the least amount of parking is encouraged, Staff
notes that all of the proposed parking will be constructed of pervious concrete,
and that 20 spaces will be located under the proposed building.
Due to the applicant’s efforts to minimize surface runoff on the entire site, and
the constraints of the property, Staff recommends APPROVAL CONDITIONAL OF
Part 2 of VC07-011, and APPROVAL CONDITIONAL OF Part 3 of VC07-011.
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OTHER CONSIDERATIONS
There is no on-site detention proposed for this site; any runoff from this site will
be routed to Lake Deerfield. The pervious concrete proposed for the paving is
designed to minimize the amount of oil and sediment that will enter the stream.
Most of the oil, anti-freeze, and other automobile fluids that can be washed
into streams when it rains will be picked up by the “first flush” (the first one inch
of rainfall). By capturing the first flush and allowing it to percolate into the
ground, the pervious concrete allows soil chemistry and biology to “treat” the
polluted water naturally.
City Arborist Comments:
The Arborist notes that this is a very nice, wooded site, with sloping topography,
adjacent to a stream. There is a very good mix of hardwood tress, small to
mature in size. There appears to be only one specimen tree located on the site,
a 30 inch tulip poplar. The Arborist suggests that the applicant tries to
incorporate green design elements as much as possible.
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.
PUBLIC INVOLVEMENT
On October 24, 2007 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. No one attended this meeting.
Public Comments – None at this time.
City of Milton Design Review Board Meeting – November 6, 2007
The following comments were made by the DRB:
• The proposed building seems too big for the site.
• Consider giving development a wooded campus feel.
• Save as many hardwoods as possible.
• Consider making parking more freeform—work around trees, eliminate
curb.
• Consider a building that is not square.
Public Notice Requirements
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The rezoning petition was advertised in the Milton Herald on November 21, 2007
and the sign was installed before the required date of November 7, 2007 along
the frontage of Deerfield Parkway. The notice of rezoning, use permit and
concurrent variances was mailed to adjacent property owners on November 8,
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 O&I (Office and Institutional) 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 O&I (Office and Institutional) be APPROVED CONDITIONAL.
Further, Staff recommends APPROVAL CONDITIONAL OF U07-010, as well as
APPROVAL CONDITIONAL of PARTS 1, 2 and 3 of VC07-0011. 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 O&I (Office and Institutional) 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) Office and institutional and accessory uses, at a maximum density
of 7,565.79 gross floor area per acre zoned or a total gross floor area
of 23,000 square feet, whichever is less, but excluding hotels.
b) Limit the height of the building to no more than 70 feet, consisting of
3 stories above grade, and one story of parking below grade (U07-
010)
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on November 13, 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.
3) To the owner’s agreement to the following site development
considerations:
a) Reduce the side setback from 20 feet to 15 feet along the north
property line. (VC07-011, Part 1)
b) To allow approximately 675 square feet of pervious parking to
encroach into the 50 foot stream bank buffer (VC07-011, Part 2)
c) To allow approximately 5,701 square feet of pervious parking to
encroach into the 75 foot impervious setback (VC07-011, Part 3).
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d) To utilize pervious materials for all above ground parking areas, as
shown on the revised site plan submitted November 13, 2007.
e) The developer shall provide one (1) bicycle space or slot per every
10 parking spaces.
f) All building entrances shall have a direct connection to the
sidewalk network.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Reserve the necessary Right of Way along the necessary property
frontage of Deerfield Parkway, 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 Right of Way
Ordinance. The sidewalk/trail shall be located at the back of the
reserved Right of Way.
b) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-of-way as may be required by the Transportation
Engineer for Milton to:
i. Provide at least 10.5 feet of right-of-way from the back of
curb (or edge of pavement for rural areas) 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. Overlay and striping for full width of Deerfield Parkway the length of
property lines plus any additional taper lengths necessary or as
approved by the Transportation Engineer for Milton.
c) Motorized Inter parcel access is required on the north property line by the
Transportation Engineer for Milton.
d) The applicant is required to meet with and coordinate his improvements
with the developer on the north side of his improvements.
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e) For office uses, a minimum of 1 car/vanpool or rideshare dedicated area
for 50 spaces. For all uses, a minimum of 1 bicycle space for every 10
parking spaces with 1/3 to be covered spaces.
f) 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 for Milton. 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 at a
maximum grade of six percent or as approved by the Transportation
Engineer for Milton.
g) Connection to shared driveway shown on November 13, 2007 Site plan is
not acceptable as it does not meet design guidelines.
i. Access to shared drive will be allowed at 95th percentile
queue for the combined condition with future development or
one hundred feet, which ever is greater.
ii. Interparcel access at stub out on future development located
approx 200’ from Deerfield Parkway shown on November
13, 2007 site plan is acceptable for shared driveway
connection location.
6) 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.
b) 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 acceptable design standards of the
Department of Community Development.
c) The Developer should utilize GASWCC limited application controls. All
water quality and detention facilities shall have vegetated surfaces to be
regularly maintained by the owner.
d) Provide a maximum 75 percent impervious, per drainage basin, at
maximum build-out.
e) Provide water quality and channel protection required storage volumes
before discharge into creek.
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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.
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.
City of Milton Police Department:
Possible increase in traffic congestion and vehicle crashes.
Hydrology
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
states that the hydrology for this site was included in the original hydrology design
for Deerfield and that Stormwater management facilities are already installed in
Lake Deerfield. The hydrology will be verified and studied with the LDP plans.
Transportation Facilities:
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Fulton County Health Department
The Fulton County Health Department recommends that the applicant be required to connect
the proposed development to public water and public sanitary sewer available to the site.
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.
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.
Plats for combination of lots must be submitted to this department for review and approval.
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CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 5,2007
FROM: Interim City Manager
AGENDA ITEM:
UQ7-0061VCO7-013 -To request a Use Permit (Article 19.4.27) For a 1,890 sq. 12. existing
building for a landscape business and a 3-Part Concurrent Variance to I) Reduce the 50-foot
setback to 40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 50-foot
buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer
standards along the east property Iine (Article 12.H.C.I) and 3) Reduce the 50-foot buffer
and 10-foot improvement setback to a 15 foot landscape strip planted to buffer standards
along the south property Iine. (Article 12.H.C.1)
MEETING DATE: Thursday, December 13,2007Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY ClTY MANAGER: APPROVED (1 NOT APPROVED
ClTY ATTORNEY APPROVAL REQUIRED: () YES NO
ClTY ATTORNEY REVIEW REQUIRED: (J YES )(NO
APPROVAL BY CITY ATTORNEY 1)APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: 1% \3 2007
REMARKS:
PETITION NUMBER(S):
U07-006
VC07-013
PROJECT NAME
JVS Landscaping & Lawn Care, Inc.
PROPERTY INFORMATION
ADDRESS 14972 Hopewell Road
DISTRICT, LAND LOT 2/2, 618/619
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING N/A
ACRES 2.52 Acres
EXISTING USE Single Family Residence
PROPOSED USE Landscaping Business (Article 19.4.27)
OWNER Michael L. Crifasi
ADDRESS 270 Bruton Way, Atlanta, GA 30342
PETITIONER/REPRESENTATIVE Jeff Ver Steegh
ADDRESS 785 Stratforde Drive
Alpharetta, GA 30004
PHONE (404) 483-2494
INTENT
To request a Use Permit for a landscaping business operation, to use an existing
“Quonset” garage (42’ x 45’) towards the rear of the subject property for the
storage of equipment and landscaping trucks at an overall density of 750
square feet per acre. Additionally, the applicant requests a three part
concurrent variance; Part 1: To reduce the 50’ setback along the eastern
property line to a 40’ setback (Article 19.4.27.B.3). Part 2: To reduce the 50’
buffer and 10’ improvement setback to a 10’ buffer along the eastern property
line (Article 12 H. 3.1.C.1). Part 3: To reduce the 50’ buffer and 10’ improvement
setback along the southern property line to a 15’ buffer (Article 12H.3.1.C.1)
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COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U07-006 – Approval Conditional
VC07-013 Part 1 – Approval Conditional
VC07-013 Parts 2 & 3 – Denial
CITY OF MILTON PLANNING COMMISSION MEETING
U07-006 – Denial
VC07-013 Parts 1-3 – Denial
6-1
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LOCATION MAP
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CURRENT ZONING MAP
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SITE PLAN – September 18, 2007
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SUBJECT SITE – PHOTO
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SUBJECT SITE - PHOTO
SUBJECT SITE:
The subject site is a 2.52 acre tract of agriculturally zoned land, located on the
western side of Hopewell Road. The subject site was a fairly recently subdivided
parcel of land with a 42’ x 45’ “Quonset” garage located on the subject
property. The plan is to eventually build a residential use on the property,
though no definitive timeframe has been established for this particular
development activity. It is located within the Agricultural, Forestry and Mining
Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan.
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Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
East 1 AG-1 (Agricultural)
Champions View S/D
1 unit/acre
3,000 sq.ft.
East 2 AG-1 (Agricultural)
Scattered Single Family
Homes
1 unit/acre
2,500 sq.ft.
South 3 AG-1 (Agricultural)
Scattered Single Family
Homes
1 unit/acre
2,500 sq.ft.
West 4 AG-1 (Agricultural)
Stratford Estates at Hopewell
1 unit/acre
3,000 sq.ft.
North 5 AG-1 (Agricultural)
Northfield S/D
1 unit/acre
3,000 sq.ft.
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EXISTING USES AND ZONING MAP
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In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.27. of the
Zoning Ordinance, the proposed development is consistent with the intent
and following policies of the Comprehensive Plan:
• Encourage compatible institutional uses in neighborhoods and
communities.
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
If developed in accordance with Staff’s Recommended Conditions and
the provisions of the Zoning Ordinance, the proposed landscaping
business 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.
However, Staff has observed construction debris (curbing, concrete, etc)
on the site. Per the Georgia Environmental Protection Division, is
considered an inert landfill. The applicant has stated that it will be used to
“fill” an area that will be the base for his driveway.
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.
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E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 5 parking
spaces for the proposed development. Article 19.4.10 requires the
applicant to locate parking outside of the minimum 60-foot front yard
building setback. The applicant’s site plan indicates 3 parking spaces
which do not meet the requirements set out by Article 18.2.1 and is
located outside the 60-foot front yard building setback. It appears that
there is sufficient room to locate 2 additional parking spaces.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately two-thirds of the
subject site is undeveloped. Staff is of the opinion that the proposed
development will provide adequate open space for the proposed
development.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay District, the buffer and
landscape strip requirements and the existing screening around the
structures will provide adequate screening for the proposed
development.
H. Hours and manner of operation;
The applicant indicates the landscaping business activities relate simply to
the storage of two landscaping trucks and associated equipment within
the existing Quonset garage location. The applicant indicates two
landscaping trucks will leave the site around 8:00 AM and return to the
property approximately at 5:00 PM. Minimal disturbance will occur
related to operational activities associated with the proposed use permit.
A total of two crews with two employees per crew are currently employed
for the operation with no plans for occupational expansion.
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
screening, will help mitigate the impact of lights on the adjacent
properties.
J. Ingress and egress to the property.
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The applicant’s site plan indicates one curb cut on Hopewell 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 traveling public.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on September 18, 2007, Staff offers the following considerations:
Northwest Overlay District
BUILDING SETBACKS
The AG-1 (Agricultural) district requires the following building setbacks:
Front - 60 feet along Hopewell Road
Sides – 25 feet along the south and north property lines
Rear – 50 feet along the west property line
The existing garage is in compliance with the district setback standards.
The Use Permit for a landscaping business requires all use areas/structures other
than parking and pedestrian walkways should be located a least 50 feet from
adjacent AG-1 or residential zoning districts. Along the eastern property line
labeled “L6” the garage encroaches into the 50 foot setback. The applicant is
requesting a concurrent variance to allow this encroachment. It is Staff’s opinion
that because of the configuration of the lot and that based on the minor
subdivision plat that this line is recognized as a minimum 25-foot side building
setback, that Part 1 of VC07-013 should be APPROVED.
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum
height limit of two stories with the maximum height 30 feet from average-finished
grade to the bottom of the roof eave. The applicant’s letter of intent indicates
only a garage will be in located on the property related to the use permit
request where its 15’ vertical height will not jeopardize the Overlay District
requirement standards.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50)
foot-wide undisturbed buffer, with a 10’ improvement setback, shall be located
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adjacent to all AG-1 zoning districts and all property zoned, used, or developed
for residential uses. The applicant is requesting a reduction from a 50-foot buffer
and 10-foot improvement setback to a 10-foot buffer along the eastern property
line. Secondly, the applicant is requesting a reduction of the 50-foot buffer and
10-foot improvement setback to a 15 foot buffer along the south property line.
Staff recommends maintaining a 50 foot buffer along the southern property line
adjacent to the Quonset garage and removing the existing boulders place near
the property line to help ensure new plant material growth and stability. The
entrance driveway into the development should be reconfigured to provide
ingress/egress access into the garage via the northern side of the garage area.
It is Staff’s opinion that the proposed reductions would have a negative impact
on adjacent property owners and would not provide adequate protection.
Therefore, Staff recommends DENIAL of Parts 2 & 3 of VC07-013.
In light of the presence of significant concrete rubble and large stone material
on the northern portion of the subject property, the property is classified as an
inert landfill under Georgia EPD guidelines, where a 100’ landscaping buffer shall
be provided along the northern and western property lines.
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
• Landscaping Business • 3 spaces per 1,000 sq. ft. of • 0 spaces
(1,890 sq. ft.) building area. (5 spaces)
Total 5 spaces required 0 spaces provided
Staff notes that the applicant had not shown any parking spaces. It appears
that there is adequate area to provide the required five (5) parking spaces
required per Article 18 of the City of Milton Zoning Ordinance. It also appears
that the site plan can meet the layout requirements of Article 12H.3.1 Section B.
PUBLIC INVOLVEMENT
On October 24th, 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 voicing concern about the use proposal
requested. The applicants presented their plan to the Milton Design Review
Board on November 6th, 2007.
Public Comments – Staff has received two phone calls from adjacent property
owners in opposition to the landscaping business. At the Planning Commission
meeting there were approximately three people in support of the petition and
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five people who were in opposition to the request. The applicant will be meeting
with these neighbors to try to resolve any issues they have with the petition prior
to the City Council meeting.
City of Milton Design Review Board Meeting – November 6, 2007
The following recommendations were made by the DRB:
• Point 1 – The Milton Design Review Road indicated their charge of looking
at aesthetic design options in courtesy reviews did not apply related to
the existing garage being on the site.
City Arborist
Structure is located about 70 feet from the south property line. Cut has occurred
up to the 25 foot point. There is a 25-foot existing vegetated buffer remaining
with large boulders at the edge working as a retaining wall. Between the
boulders and the building is gravel parking. No trees or shrubs can be planted in
this area without removing the parking. The north property line was not located
by observing a rear property fence; it appears the applicant has cleared up to
the property line in this area. No specimen trees were located at this site.
Public Notice Requirements
The use permit petition was advertised in the Milton Herald on November 21,
2007 and the sign was installed before the required date of November 7, 2007
along the frontage of Hopewell Road. The notice of rezoning was sent, to
adjacent property owners, on November 10, 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 landscaping business is consistent with Council and Plan Policies
and compatible with the surrounding area, if developed in accordance with
the requirements of the Zoning Ordinance and Staff’s Recommended
Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the
proposed Use Permit for a landscaping business and APPROVAL CONDITIONAL
to Part 1 of VC07-013 to reduce the 50 foot setback to 40 feet. Staff
recommends DENIAL of Parts 2 & 3 of VC07-013 since the proposed reductions in
buffers would not provide adequate protection for adjacent properties to the
east and the south.
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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 landscaping business (Article 19.4.27.) CONDITIONAL subject to
the owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) The landscaping business activities to be confined within the existing
garage structure. No modifications will be made to the exterior of the
structure other than general maintenance activities.
b) Total square footage of all structures on the subject property shall not
exceed 1,890 gross square feet, or a density of 750 square feet per
acre.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Milton Community Development
Department on September 18, 2007. Said site plan is conceptual
only and must meet or exceed the requirements of the Zoning
Ordinance and these conditions prior to the approval of a Land
Disturbance Permit or Certificate of Occupancy, whichever comes
first. Unless otherwise noted herein, compliance with all conditions
shall be in place prior to the issuance of the first Certificate of
Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) Reduce the 50’ setback along the eastern property line to a 40’
setback to the extent necessary to allow the existing structure to
comply (Part 1 VC07-013).
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) No more than one (1) exit/entrance on Hopewell Road. Curb cut
location and alignment are subject to the approval of the Milton
Traffic Engineer.
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b) Reserve Right-of-Way necessary along the following roadways, prior
to the approval of a Land Disturbance Permit, sufficient land as
necessary to provide for compliance with the Transportation Master
Plan and the adjacent developments, according to the definitions
in the newly established Right-of-Way Ordinance.
c) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-or-way as may be required to:
(i) Provide at least 10.5 feet of right-of-way from the back
of curb/edge of pavement 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.
d) Driveway entrances and roads shall meet the Public Works
Department Policies and AASHTO guidelines.
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 (should
greater than 5000 square feet be disturbed), that the discharge rate
and velocity of the storm water runoff resulting from the
development is restricted to seventy-five percent (75%) of the pre-
development conditions. Locations shall be as approved by the
Stormwater Engineer.
b) The proposed development shall utilize vegetative measures for
water quality. Individual Land Disturbance Permits/Building Permits
are strongly encouraged to utilize GASWCC limited application
controls such as infiltration trenches, porous surfaces, rain gardens,
etc. A maintenance agreement is required to be recorded for such
item used.
c) Septic tank to be pumped out prior to Certificate of Occupancy.
d) Exterior bulk storage areas shall be protected from erosion and
detailed on the Building Permit/Land Disturbance Plan.
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APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Transportation:
Road name: Hopewell Road
Classification: Arterial
Comments:
• City to verify sight distance from proposed entrance/exit at Hopewell Road for safety
and if deemed necessary provide a third-party verification. Sight Distance would be
certification by a Professional Engineer in a third-party orientation.
Drainage:
Disturbed Area: less than 5,000 square feet
Impervious Area: less than 5,000 square feet
Hydrology:
Comments:
• Vegetative water quality items needed.
• A concept Stormwater meeting with the Stormwater Engineer is required. The design
and layout shown with the rezoning site plan may or may not meet all minimums required
by the City and GASWMM state rules. Detailed design shall be shown on the Land
Disturbance Permit plans, after said concept meeting. Staff notes that the submitted site
plan shows likely inadequate detention area locations.
City of Milton Fire Marshal:
Comments:
• May need to provide approved fire department access road to garage and
acceptable turn-around location.
Fulton County Health Department
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” for County Health
Departments as defined by Georgia Department Natural Resources (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
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total absorption trench bottom area required would exceed nine thousand (9000) square feet,
will be governed by and placed under the statutory authority and jurisdiction of the Department
of Natural Resources.
Since this proposed development constitutes a premise where people work, live, or congregate,
onsite sanitary facilities will be mandatory, prior to use or occupancy.
Since this development would utilize 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.
Although this proposed development is recommended to utilize individual onsite sewage
management system, this department requires a permit to construct the system and complete
soil percolation data, determined acceptable by the Health Department prior to installation.
Although this proposed development is recommended to utilize an individual onsite sewage
management system, this department requires a permit to construct the system and complete
soil and percolation data, determined acceptable by the Health Department prior to issuance
of a building permit.
This department is requiring that plans indicating the number and location of outside refuse
containers along with typical details of the pad and approach area for the refuse containers be
submitted for review and approval.
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A/" City of Milton
13000 Deerfield Parkway, Suite 107, Milton,Georgia 30004
ClN COUNCIL AGENDA ITEM
TO: City Council DATE: December 5,2007
FROM: Interim City Manager
AGENDA ITEM:
ZM07-007 -To modify Condition 3.a. (032-159) to reduce the perimeter building
setback along the north property Iine for Lot 33, Phase 4 -Unit 1 of Triple Crown
Subdivision from 50 feet to 36 feet.
MEETING DATE: Thursday, December 13,2007 Regular Meeting
BACKGROUND INFORMATION: (Attach addftional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () NOT APPROVEDKAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES HNO
CI N ArrORNEY REVIEW REQUIRED: (I YES RNO
APPROVAL BY CITYATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: \Z 13 2007
REMARKS:
PETITION NUMBER(S):
ZM07-007
PROPERTY INFORMATION
ADDRESS 508 AFFIRMED LANE
DISTRICT, LAND LOT 2/2, 739,773,774
OVERLAY DISTRICT NORTHWEST FULTON
EXISTING ZONING CUP(COMMUNITY UNIT PLAN) 2003Z-159
EXISTING USE SINGLE FAMILY RESIDENTIAL
PETITIONER David Neal
ADDRESS 2925 Leeds Garden Lane
PHONE 770.569.2217
APPLICANT’S REQUEST:
To modify condition 3.a. of 03Z-159, to reduce the perimeter building setback along the
north property line from 50 feet to 36 feet, for Lot 33, Phase 4, Unit 1, of Triple Crown
subdivision.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 1 of 10
ZM07-007
Condition to be Modified:
2003Z-159
3. To the owner’s agreement to the following site development
considerations:
a. Minimum Development standards: Lot width—90 feet; Lot
frontage—35 feet; Front yard—30 feet; Side yard—10 feet; Side
yard corner—20 feet; Rear yard—50 feet; Perimeter Building
Setback—50 feet.
Analysis and Recommendation:
The subject site is developed with as a single family subdivision. It was rezoned
from AG-1 to CUP, pursuant to 2003Z-0159 and 2001Z-0060, for a maximum
density of .60 dwelling units per acre zoned.
The subject lot, Lot 33 is located on the perimeter of the subdivision, therefore
requiring a 50 perimeter setback. The applicant states that the encroachment
was discovered when the owners, Philip and Ann Morris, requested a survey for
closing. He believes that stake was accidentally moved during the construction
of the foundation.
Mr. Neal states that the only alternative to the approval of this modification is to
repurchase the house from the current owners, tear it down, and rebuild it. The
cost would most likely cause his business to fail.
Staff is of the opinion that the reduction of the perimeter setback for this lot from
50 feet to 36 feet would be consistent with the intent of the overall plan for the
subdivision. Staff is of the opinion that the proposed modification would have
minimal adverse affect on the adjacent properties, if the additional 25 foot
landscape strip planted to buffer standards is required. Therefore, Staff
recommends APPROVAL CONDITIONAL of the proposed modification.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 2 of 10
ZM07-007
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (2003Z-0159) should be revised to read as follows:
3. To the owners agreement to the following site development
considerations:
a. Minimum Development standards: Lot width—90 feet; Lot
frontage—35 feet; Front yard—30 feet; Side yard—10 feet; Side yard
corner—20 feet; Rear yard—50 feet; Perimeter Building Setback—50
feet; Perimeter building setback for Lot 33, Phase 4, Unit 1—36 feet.
e. On Lot 33, Phase 4, Unit 1, provide a 25 foot landscape strip,
planted to buffer standards along the north (perimeter) property
line, adjacent to Sycamore Farms, from the line marking the
beginning of Land Lot 773 and continuing for approximately 200
feet.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 3 of 10
ZM07-007
ZM07-007 LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 4 of 10
ZM07-007
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 5 of 10
ZM07-007
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 6 of 10
ZM07-007
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 7 of 10
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Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 8 of 10
ZM07-007
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 9 of 10
ZM07-007
Prepared by the Community Development Department for the
Mayor and City Council Meeting on December 13, 2007
11/29/2007 Page 10 of 10
ZM07-007
A
City of Milton
t3000 Deerfield Parkway, Suite 107, Milton. Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: December 5, 2007
FROM: Interim City Manager
AGENDA ITEM:
Consideration and approval of the January 2008 Meeting and Work Session Schedule
(January 10,2008 -Regular Meeting, January 17,2008 -Work Session, and January 24,2008
-Regular Meeting).
MEETING DATE: Thursday, December 13,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages ~fnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED (,I NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: I I YES (1 NO
CITY ATTORNEY REViEW REQUIRED: 13 YES (1 No
APPROVAL BY CITY ATTORNEY ()APPROVED I) NOT APPROVED
PLACED CTN AGENDA FOR:
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107A, Milton, Georgia 30004
To:Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date:December 3, 2007 for Submission onto the December 13, 2007 Regular City Council
Meeting
Agenda Item: Consideration and approval of the January 2008 Meeting and Work Session
Schedule (January 10, 2008 - Regular Meeting, January 17,2008 -Work Session,
and January 24, 2008 – Regular Meeting).
CMO (City Manager’s Office) Recommendation:
Approve the Meeting Schedule for January 2008. (January 10, 2008 Regular Meeting, January
17, 2008 Work Session and January 24, 2008 Regular Meeting)
Background:
The City of Milton is committed to conducting City business in a manner that complies with all
legal requirements, fosters citizen confidence in City government, and promotes efficient and
effective government operations. As a part of our open and transparent government process, the
Mayor and City Council will adopt a yearly meeting schedule in January 2008.
Discussion: The goal of any meeting schedule is to provide advance notice to the elected
officials, staff, and the public of when formal business will be conducted by the municipality.
Alternatives: N/A
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Page 1 of 1
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A
City of Milton
13000 Deefield Parkway, Suile 107, Milton, Georgia 30004
d?s\
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 5,2007
FROM: Interim City Manager
AGENDA ITEM:
Approval of a Resolution of the Mayor and Council, of the City of Milton, Georgia
authorizing solicitation of Tax Anticipation Note Financing.
MEETING DATE: Thursday, December 13,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach addittonal pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOT APPROVED
CiTY ATTORNEY APPROVAL REQUIRED: I I YES 0NO
CITY ATTORNEY REVSEW REQUIRED: I) YES 0 NO
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOTAPPROVED
PLACED ON AGENDA FOR:
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis
Date: Submitted on December 6 for December 13, 2007 City Council Meeting
Agenda Item: Approval of Resolution Authorizing Solicitation of Tax Anticipation Note Financing
CMO (City Manager’s Office) Recommendation:
Approve the resolution authorizing solicitation of tax anticipation note financing.
Background:
A tax anticipation note (TAN) is a short-term borrowing tool allowing the issuing government to
borrow against anticipated property tax revenue. It is typically used in the event of a cash flow
need to fund operations in the months preceding the collection of property taxes.
According to Article IX, Section V, Paragraph V of the Georgia Constitution, the aggregate
amount of short-term loans shall not exceed 75% of total gross income from taxes collected in
the last preceding year. As of December 6, 2007, the total amount of taxes collected for 2007 is
$7,712,063; therefore, the maximum amount the City can borrow is $5,784,047.
Discussion:
The City has partnered with Troutman Sanders to facilitate the TAN process. Upon council
approval, they will begin soliciting bids from financial institutions on the interest rate through a
Request for Quote. The responses will be presented in January at one of the two regularly
scheduled meetings.
The current TAN issued in January 2007 for $5,155,000 has an interest rate of 3.84%. Staff is
anticipating quotes of lower interest rates for the 2008 TAN.
Alternatives:
None identified.
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Tami Hanlin, Operations Director
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA AUTHORIZING SOLICITATION
OF TAX ANTICIPATION NOTE FINANCING
WHEREAS, the City of Milton, Georgia (the “City”) has been duly created and is
validly existing as a municipal corporation of the State of Georgia; and
WHEREAS, the Mayor and Council of the City are charged with the duties of
contracting debts and managing the affairs of the City (the “Governing Body”); and
WHEREAS, the City is authorized by Article IX, Section V, Paragraph V of the
Constitution of the State of Georgia and Section 36-80-2 of the Official Code of Georgia
Annotated, to incur a temporary loan in order to pay current expenses during any calendar year;
and
WHEREAS, the Governing Body has determined that it is in the best interest of
the City to incur a temporary loan in order to pay current expenses for calendar year 2008 in
anticipation of the receipt of taxes levied or to be levied for its general fund (the “General
Fund”); and
WHEREAS, the City proposes to issue its Tax Anticipation Notes in the
aggregate principal amount not to exceed $5,784,047 (“TANS” or “Notes”) to pay the current
expenses of the City; and
WHEREAS, the City proposes to authorize the Mayor, the City Manager and
certain professionals to solicit bids or requests for the TAN and to make recommendations on
their findings to the Governing Body;
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City and
it is hereby resolved by authority of the same, as follows:
Section 1. Findings. The Governing Body hereby finds and determines the
following: (a) the aggregate principal amount of the TANS to be authorized will not exceed 75%
of the total gross income from taxes which have been collected by the City in calendar year
2007; (b) the TANS to be authorized shall be paid in full on or before December 31, 2008; (c) no
temporary loan or other contract, note, warrant or other obligation for current expenses incurred
in calendar year 2007 or any prior calendar year will be unpaid as of the end of calendar year
2007; (d) the City to date has made no other temporary loans or other contracts, notes, warrants
or obligations for current expenses; (e) the aggregate principal amount of the TANS to be
authorized, together with other contracts, notes, warrants or obligations of the City to be incurred
for expenses in calendar year 2008, will not exceed the total anticipated tax revenues of the City
for calendar year 2008; (e) the money authorized to be borrowed will become part of the general
revenues of the City and deposited into the General Fund; and (f) a need exists for the City to
borrow no more than $5,784,047 to pay current expenses of the City in calendar year 2008 prior
to the receipt of sufficient revenues from taxes levied or to be levied for 2008.
Section 2. Bids. The City Manager or City Administrator is hereby
delegated the authority to establish a bid process to obtain the TANS. Such bid process may be
solicitation of bids or requests or such other process in accordance to City polices and
procedures. Such solicitation or other process may be conducted in one request or by several
requests as determined to be in the best interests of the City by the City Manager or City
Administrator. The City Manager or City Administrator will present his/her findings and make
recommendations on any actions or approvals needed by the Governing Body for the TANS.
Section 3. Bond Counsel. In connection with the purchase or leasing of the
Equipment, the law firm of Troutman Sanders LLP is hereby designated as bond counsel for the
provision of any legal opinions required by a lender regarding the exemption from gross income
for any interest component under the TANS.
Section 4. General Authority. From and after the date of adoption of this
resolution, the Mayor and the officers of the City are hereby authorized to do such acts and
things, and to execute and deliver all such certificates or agreements as may be necessary or
desirable in connection with the TANS. All actions of the Governing Body, officers or agents of
the City taken in connection therewith prior to the date hereof are hereby ratified and confirmed.
Section 5. Effective Date. This resolution shall be in full force and effect
immediately upon its adoption, and any and all resolutions or parts of resolutions in conflict with
this resolution shall be, and they are, to the extent of such conflict, hereby repealed.
Adopted and approved by the Governing Body of the City on December 13, 2007.
CITY OF MILTON, GEORGIA
(SEAL) By:_______________________________
Mayor
Attest:
______________________________
Clerk
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