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Home My WebLink About01-10-08 PacketCITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Thursday, January 10, 2008 Regular Council Meeting Agenda 7:00 PM 1) CALL TO ORDER 2) ADMINISTER OATH OF OFFICE TO THE NEWLY ELECTED OFFICIALS (Administered by Chief Municipal Court Judge Barry L. Zimmermann) 3) ROLL CALL 4) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution) (Agenda Item No. 08-453) 5) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 6) CONSENT AGENDA 7) REPORTS AND PRESENTATIONS 1. Proclamation of thanks to Eddie Moore for his contribution to the Milton Public Safety Department. (Presented by Chris Lagerbloom, Interim City Manager) 8) ZONING AGENDA (none at this time / see First Presentation) 9) FIRST PRESENTATION (Agenda Item No. 08-454) 1. U07-007/VC07-012 To request a Use Permit (Article 19.4.3) for Agricultural Related Activities to add a 3,240 sq.ft. training building and to request a 4-part concurrent variance to use the existing parking area within the 100–foot setback near the west property line (Article 19.4.3.13.4); 2) To increase the maximum building setback from 20 feet to 250 feet for Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E 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 JANUARY 10, 2008 – 7:00 PM the new building (Article 12h.3.5.C.1); 3) To allow parking between the existing buildings and the street (Article 12H.3.5.F.3); and 4) To delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1 and/or residentially developed properties (Article 12H.3.1.C.2.) (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08-455) 2. RZ07-020/ VC07-015 To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) to expand the existing day care facility from 2,000 square feet and 38 students to 3,600 square feet at an overall density of 2,647 square feet per acre. The applicant is proposing a 1,600 square foot building separate from the existing structure. The applicant is also requesting a concurrent variance to reduce the 25-foot buffer and 10-foot improvement setback to a 5- foot landscape strip along the east and west property lines from the existing building for a distance of 150 feet. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08-456) 3. An Ordinance Regarding 2008 Meeting and Work Session Dates and Times for the City of Milton City Council. (Presented by Councilmember D’Aversa) 10) UNFINISHED BUSINESS (none at this time) 11) NEW BUSINESS PUBLIC HEARINGS ALCOHOL BEVERAGE LICENSE APPLICATIONS (Agenda Item No. 08-457) 1. Approval of Alcoholic Beverage License Application for The Union Restaurant located at 14275 Providence Road, Milton, GA 30004. Applicant is Bob Fisherman for Consumption on the Premises – Wine/Malt Beverage/Distilled Spirits. (Presented by Stacey Inglis, Finance Manager) (Invitation for Public Comment) (Agenda Item No. 08-458) 2. Approval of Alcoholic Beverage License Application for Margbest LLC d/b/a/ Fosters Grille of Crabapple located at 12540 Broadwell Road, Suite 1103. Applicant is Michael O’Keefe for Consumption on the Premises – Wine and Malt Beverage. (Presented by Stacey Inglis, Finance Manager) (Invitation for Public Comment) (Agenda Item No. 08-459) 3. Approval of Alcoholic Beverage License Application for I Love New York Pizza d/b/a I Love New York Pizza at 980 Birmingham Road, Suite 200, Milton, GA 30004. Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E 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 JANUARY 10, 2008 – 7:00 PM Applicant is Nereyda Blandon for Consumption on the Premises – Wine and Malt Beverage. (Presented by Stacey Inglis, Finance Manager) (Invitation for Public Comment) END OF PUBLIC HEARINGS (Agenda Item No. 08-460) 4. Approval of a resolution authorizing the issuance of a tax anticipation note in the amount of $5,450,000. (Presented by Stacey Inglis, Finance Manager) (Agenda Item No. 08- 461) 5. Approval of a Resolution Amending Resolution No. 07-02-12, a Resolution Appointing Members to the City of Milton Planning Commission. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08- 462) 6. Approval of a Resolution Amending Resolution No. 08-01-01, a Resolution Appointing Members to the City of Milton Northwest Fulton Overlay District Design Review Board. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08- 463) 7. Approval of a Resolution Amending Resolution No. 07-03-20, a Resolution Appointing Members to the City of Milton Board of Zoning Appeals. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08- 464) 8. Approval of a Resolution Amending Resolution No. 07-04-29, a Resolution Appointing Members to the City of Milton Construction Board of Adjustment and Appeals (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08- 465) 9. Approval of a Resolution Amending Resolution No. 07-02-16, a Resolution Appointing Members to the City of Milton Board of Ethics. (Presented by Chris Lagerbloom, Interim City Manager) (Agenda Item No. 08- 466) 10. Approval of a Resolution Amending Resolution No. 07-03-24, a Resolution Appointing Members to the City of Milton Bike & Pedestrian Path Committee. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08- 467) 11. Approval of Appointments to the City of Milton Comprehensive Plan Advisory Committee. (Presented by Tom Wilson, Community Development Director) Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E 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 JANUARY 10, 2008 – 7:00 PM (Agenda Item No. 08- 468) 12. Approval of a Resolution Regarding the Future of Providence Park. (Presented by Councilmember D’Aversa) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS (Agenda Item No. 08-469) 14) EXECUTIVE SESSION The purpose of the Executive Session is to discuss pending litigation. (Presented by Mark Scott, City Attorney) (Agenda Item No. 08-470) 15) ADJOURNMENT Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. #T4" CityofMilton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 ClN COUNCIL AGENDA ITEM TO: City Council DATE: January 4,2008 FROM: Interim City Manager AGENDA ITEM: U07-007/VCQ7-012To request a Use Permit (Article 19.4.3) For Agricultural Related Activities to add a 3,240 sq. R. training building and to request a 4-part concurrent variance to use the existing parking area within the 100 -foot setback near the west property line (Article 19.4.3.13.4); 2) To increase the maximum building setback from 20 feet to 250 feet for the new building (Article 12h.3.5.C. 1); 3) To allow parking between the existing buildings and the street (Article 12H.3.5.F.3); 4) To delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1 andor residentially developed properties (Article 12H.3.1C.2.) MEETING DATE: Thursday, January 10,2008 and January 24,2008 Regular Meetings BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY ClTY MANAGER: (2 APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES (14~0 CITY ATTORNEY REVIEW REQUIRED: 0YES paMo APPROVAL BY CITYATTORNEY ()APPROVED (1 NOTAPPROVED PETITION NUMBER(S): U07-007 VC07-012 PROJECT NAME Canine Assistants PROPERTY INFORMATION ADDRESS 3160 Francis Road DISTRICT, LAND LOT 2/2 610, 611 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 17.12 EXISTING USE Canine Assistants Facility PROPOSED USE Expansion of Canine Assistants Facility, Use Permit for Agricultural Related Activity (Article 19.4.3) OWNER Canine Assistants, Jennifer Arnold ADDRESS 3160 Francis Road, Milton, GA 30004 PHONE 770-664-7178 REPRESENTATIVE Michael Twiner, PE, Planners & Engineers Collaborative ADDRESS 350 Research Court, Norcross GA 30092 PHONE 770-451-2741 INTENT To expand the existing Canine Assistants facility from approximately 23,125 square feet (within 9 buildings) by 3,240 square feet (within 1 additional building located in the southwest corner of the property) for a total of 10 buildings containing a total of 26,365 square feet at an overall density of 1,540 square feet per acre. The applicant is also requesting the following 4 part concurrent variance: 1) To allow the existing gravel parking lot within the 100-foot setback (Article 19.4.3.B.4). 2) To allow existing structures and the new building to exceed the maximum 20-foot building setback from the edge of required landscape strip and/or easements as shown on the site plan (Article 12H.3.5.C.1). 3) To allow parking between the buildings and the right-of –way as shown on the site plan (Article 12H.3.5.F.3.). 4) To delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1 and/or residentially developed properties (Article 12H.3.1.C.2.) Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 1 of 24 U07-007/VC07-012 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U07-007 -Approval Conditional VC07-012 – Part 1 - Denial VC07-012 – Parts 2-4 Approval Conditional CITY OF MILTON PLANNING COMMISSION – 12/19/07 U07-007 -Approval Conditional VC07-012 – Part 1 - Denial VC07-012 – Parts 2-4 Approval Conditional 6-0 The Planning Commission recommended to the applicant to reduce the parking in the future and to preserve the two trees; 29” pine and 26” pine as shown by the Arborist. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 2 of 24 U07-007/VC07-012 LOCATION MAP Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 3 of 24 U07-007/VC07-012 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 4 of 24 U07-007/VC07-012 SITE PLAN – October 2, 2007 Overall Site Plan 1/4/2008 U07-007/VC07-012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 5 of 24 SITE PLAN – October 2, 2007 Location of New 3,240 sq.ft. building Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 6 of 24 U07-007/VC07-012 Revised Overall Site Plan submitted December 19, 2007 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 7 of 24 U07-007/VC07-012 Revised Site Plan submitted December 19, 2007 1/4/2008 U07-007/VC07-012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 8 of 24 SUBJECT SITE – Looking from west to east Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 9 of 24 U07-007/VC07-012 SUBJECT SITE SUBJECT SITE: The subject site is a 17.12 acre tract of agriculturally zoned land, located on the northern side of Francis Road, east of Cogburn Road. The subject site is currently developed with 9 structures ranging between 875 and 6,850 square feet in size. The applicant has utilized the property since 1991 as a nonprofit organization which raises and trains service dogs to help children and adults with physical disabilities. The proposed new building will be used as a training facility for the recipients for the service dogs. There are 6 training camps per year for a period of 2 weeks each. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 10 of 24 U07-007/VC07-012 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East & Further East 1 AG-1 (Agricultural) Scattered Single Family Residences 1 unit/acre 1,500 sq.ft. Further East 2 AG-1 (Agricultural) Hopewell Glen S/D 1 unit/acre 2,500 sq.ft. South 3 CUP (Community Unit Plan) Crooked Creek 1.7 u/a 3,000 sq.ft. East 4 AG-1 (Agricultural) Cobblestone Farms S/D 1 unit/acre 3,000 sq.ft. Further east & Northeast 5 AG-1 (Agricutural) Champions View S/D 1 unit/acre 3,000 sq.ft. North 6 AG-1 (Agricultural) McGinnis Farms (Under Development) 1 unit/acre Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 11 of 24 U07-007/VC07-012 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 12 of 24 U07-007/VC07-012 75-foot undisturbed buffer and 10-foot improvement setback as required by the Northwest Overlay District Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 13 of 24 U07-007/VC07-012 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 19.4.3. 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 agricultural-related activity 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. The applicant has appropriate local, state and federal permits needed to operate the dog training facility. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic since much of the trips to the site are buses bringing clients to the site for the training that occurs 4-6 times a year. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 14 of 24 U07-007/VC07-012 E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide 1 space per 35 square feet in the largest assembly area. The largest assembly area within the new addition is 2,000 square feet and requires 57 parking spaces. Article 19.4.3.B.4 requires the applicant to locate parking outside a minimum 100- foot setback from all property lines. The applicant is requesting a concurrent variance to encroach into this setback. Further discussion is under the Site Plan Analysis below. F. The amount and location of open space; The applicant’s site plan indicates that if developed as submitted; there will be approximately 26,365 square feet of developed with buildings and approximately 20,000 square feet of walkways, parking areas, and detention areas for a total of 46,365 square feet of developed area. The remainder of the site, approximately 16 acres will remain open space. 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. A condition will be included to allow the existing structures to encroach in the required 75-foot buffer and 10-foot improvement setback along the west property line. The proposed new building is outside the required buffer and improvement setback. H. Hours and manner of operation; The applicant’s letter of intent indicates that the new building will be open from 9 a.m. to 9 p.m. though it is unlikely that it will be occupied more than 5 or 6 hours a day. The training facility will be mainly utilized during the 6- two week training camps throughout the year. 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. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 15 of 24 U07-007/VC07-012 J. Ingress and egress to the property. The applicant’s site plan indicates a total of six (6) existing curb cuts on Francis Road that has a frontage of 863 feet. There are various buildings on the entire site that have various purposes for the training facility and the need for the existing curb cuts. Staff is of the opinion that the proposed development will have limited impact upon the community. Staff is of the opinion that the requested Use Permit for the Canine Assistants is appropriate for the area with the recommended conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of U07-007. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 2, 2007 Staff offers the following considerations: Northwest Overlay District BUILDING SETBACKS Article 12H.3.5 Section C.1 of the Northwest Overlay District requires a maximum 20-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. The applicant is requesting a concurrent variance to allow the new structure to be 250 feet from the required landscape strip. There are some existing buildings of which some were developed as “farm houses” prior to the combination of the tracts that comprise the current 17 acres. The proposed new training building has been placed further to the rear to help preserve existing pastures to the east that are used for the horses used for therapeutic riding. In addition, the building will not be visible from the right-of-way. Staff is of the opinion that the requested variance would be in harmony with the general purpose and intent of the zoning ordinance and recommends that Part 2 of VC07-012 be APPROVED CONDITIONAL. BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant has indicated that they will remain within these requirements. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a seventy- five (75) foot-wide undisturbed buffer, with a 10’ improvement setback, shall be Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 16 of 24 U07-007/VC07-012 located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant is requesting the deletion of this requirement along all property lines adjacent to AG-1 or residentially developed property. The applicant wants to preserve the existing “pastures” on the property where the horses graze. In addition, there is a 1,500 square foot shed/workshop that is located along the east property line that encroaches into the 75-foot buffer and 10-foot improvement setback. There is existing screening throughout the property along the property lines and those will be preserved. Along the west property line, there are single family residences adjacent to the site. Staff recommends that the applicant provide the 75-foot buffer and 10-foot improvement setback along the west property line provide appropriate screening from the proposed use. The proposed new building will not encroach into this buffer along the west property line. The applicant’s site plan shows adequate area to meet this requirement with exception to the existing 2,000 square foot building near the west property line. Therefore, Staff recommends APPROVAL CONDITIONAL for VC07-012, Part 4 for all property lines except along the west property line. A condition will be included to allow the 2,000 square foot building near the property line to encroach into the buffer. A 10-foot landscape strip along Francis Road is required per the Northwest Overlay District. City Arborist About a thirty foot undisturbed buffer remains at the eastern property line. Center of the site is cleared and being used for parking. Existing large trees are located at the western property line. Two specimen trees are located in this area: 29” Pine and 26” Pine as shown below. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 17 of 24 U07-007/VC07-012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 18 of 24 U07-007/VC07-012 Tree #1 Tree #2 1/4/2008 U07-007/VC07-012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 19 of 24 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 • 35 feet per largest • 1 spaces per 35 sq. ft. of • Not indicated on site assembly area largest assembly area. plan • 2000 square feet (2,000) Total 57 spaces required spaces provided Staff notes that there appears to be sufficient room to provide 57 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. The applicant is requesting a concurrent variance to allow parking within the 100- foot setback adjacent to all property lines. There is an existing gravel parking area encroaching into this 100-foot setback for approximately 45 feet. It appears that there is adequate space for parking outside of the 100-foot setback. In addition there are single family residences directly to the west affected by the parking area. Therefore, Staff recommends DENIAL of Part 1 of VC07-012. Other parking located on the remainder of the site should be screened from view of any public street by: 1) a 15-foot wide landscape strip planted to buffer standards or 2) a berm planted with a continuous hedge or evergreen shrubs. It appears there is sufficient room to provide a 15-foot landscape strip along Francis Road. The Northwest Overlay District states that no on site parking shall be located to the front of a building and/or between a building and the public right-of-way. The applicant is requesting a concurrent variance to allow parking between Francis Road and the parking area to be utilized by the new training building. Since the parking is not visible from Francis Road and will be required to be located outside the 100-foot setback, Staff recommends that Part 3 of VC07-012 be APPROVED CONDITIONAL. PUBLIC INVOLVEMENT On October 24, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one adjacent property owner in attendance from the community. The applicant had hosted an information meeting on October 23, 2007 in which approximately 6 to 8 people attended. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 20 of 24 U07-007/VC07-012 Public Comments – One resident in attendance expressed concerns regarding the additional training facility as they are next to the property to the west in Cobblestone Farms. Staff received a letter representing the Cobblestone Farms Homeowners Association which attached to this report. After discussions with the applicant it appears that based on the revised site plans submitted 12/19/07 and further discussions at the Planning Commission meeting, the applicant is satisfied with the applicant’s agreement to keep parking out of the 100-foot setback adjacent to the west property line; keep all the existing trees and plant to “buffer standards” along the west property line from the right-of-way for a distance of 407 feet. The applicant is happy to work with the Design Review Board in regards to the appearance of the new building and to use the new building solely for training and not for a kennel or boarding. City of Milton Design Review Board Meeting – December 4, 2007 • Suggested that the new training facility look more like a residence than a barn. Public Notice Requirements The use permit petition was advertised in the Milton Herald on December 5, 2007 and again on January 9, 2008 and the sign was installed before the required date of November 7, 2007 along the frontage of Francis Road. The notice of the Use Permit was sent, to adjacent property owners, on December 4, 2007 and an updated notice on December 29 to reflect the changed City Council meeting date in January. 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 Use Permit for the Canine Assistants is consistent with plan policies and is appropriate for the area and therefore, Staff recommends APPROVAL CONDITIONAL of U07-007. Furthermore, Staff recommends DENIAL of VC07-012, PART 1 and APPROVAL CONDITIONAL of VC07-012, Parts 2-4. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 21 of 24 U07-007/VC07-012 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for an Agricultural Related Activities (Article 19.4.3.) 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) An agricultural related activity, at a maximum density of 1,540 square feet per acre zoned or a total gross floor area of 26,365 square feet, whichever less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on October 2, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, City of Milton Subdivision Regulations and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow existing structures and the new building to exceed the maximum 20-foot building setback from the edge of required landscape strip and/or easements as shown on the site plan. (VC07- 012, Part 2) b) To allow parking between the buildings and the right-of–way as shown on the site plan. (VC07-012, Part 3) c) Provide a 75-foot buffer and 10-foot improvement setback along the west property line for a distance of 407 feet from the right-of- way except where the existing house along the west property line encroaches. d) To delete the 75-foot buffer and 10-foot improvement setback along the northern and eastern property lines except where existing buffers exist. (VC07-012, Part 4) Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 22 of 24 U07-007/VC07-012 c) To complete a combination plat of all parcels to be approved by the Community Development Department prior to the Land Disturbance Permit submission. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to meet the requirements of the approved final site plan including the following: 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. 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. 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. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 23 of 24 U07-007/VC07-012 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: Francis 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. 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. City of Milton Fire Marshal: Comments: • The gravel drive will have to be able to meet or exceed the all weather road requirements of supporting the imposed load of fire apparatus weighing at least 75,000 lbs. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/4/2008 Page 24 of 24 U07-007/VC07-012 <.c'sp C, of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: January 4,2008 FROM: Interim City Manager AGENDA ITEM: W07-020J VCQ7-015 To rezone from 0-1 (Office-Institutional) to 0-1 (Office- Institutional) to expand the existing day care facility from 2,000 square feet and 3 8 students to 3,600 square feet at an overall density of 2,647 sqwe feet per acre. The applicant is proposing a 1,600 square foot building separate from the existing structure. The applicant is also requesting a concurrent variance to reduce the 25-foot buffer and f 0-foot improvement setback to a 5-foot landscape strip along .the east andl west property lines from the existing building for a distance of f 50 feet. MEETING DATE: Thursday, January 10,2008and January 24,2008 Regular Meetings BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: I?)APPROVED () NOT APPROVED 1 ', CITY ATTORNEY APPROVAL REQUIRED: () YES %NO CITY ATTORNEY REVIEW REQUIRED: APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PETITION NUMBER(S): RZ07-020 VC07-015 PROJECT NAME IQ Academy PROPERTY INFORMATION ADDRESS 2865 Webb Road DISTRICT, LAND LOT 2/2 1048 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING O-I (Office-Institutional) RZ06-051 PROPOSED ZONING O-I (Office-Institutional) ACRES 1.36 EXISTING USE Day Care Facility for 38 students PROPOSED USE Day Care Facility for 78 students OWNER Pegah Firoozi ADDRESS 5240 Orchard Court, Cumming GA 30004 PHONE 678-762-0216 INTENT To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) to expand the existing day care facility from 2,000 square feet and 38 students to 3,600 square feet at an overall density of 2,647 square feet per acre. The applicant is proposing a 1,600 square foot building separate from the existing structure. The applicant is also requesting a concurrent variance to reduce the 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip along the east and west property lines from the existing building for a distance of 150 feet. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-020 - APPROVAL CONDITIONAL VC07-015 – APPROVAL CONDITIONAL CITY OF MILTON PLANNING COMMISSION RZ07-020 - APPROVAL CONDITIONAL VC07-015 – APPROVAL CONDITIONAL 6-0 Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 1 of 19 RZ07-020/VC07-015 R/A RZ06-051 LOCATION MAP – RZ07-020/VC07-015 1/4/2008 RZ07-020/VC07-015 R/A RZ06-051 Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 Page 2 of 19 CURRENT ZONING MAP 1/4/2008 RZ07-020/VC07-015 R/A RZ06-051 Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 Page 3 of 19 SITE PLAN – Submitted November 6, 2007 Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 4 of 19 RZ07-020/VC07-015 R/A RZ06-051 SUBJECT SITE SUBJECT SITE: The subject site is currently zoned O-I (Office-Institutional) and developed pursuant to RZ06-051 which was approved for a 38 child, 2,000 square foot day care within the existing structure at an overall density of 1,470.59 square feet per acre. 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? Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 5 of 19 RZ07-020/VC07-015 R/A RZ06-051 The proposed day care facility, if developed with Staff’s Recommended Conditions, is suitable for the subject site given similar zonings/uses in the area. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff's opinion, the proposed development will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance with the Recommended Conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable 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? Staff does not anticipate a significant impact on public services and facilities. However, some impact on the surrounding transportation system is expected but should be mitigated with compliance to the attached Recommended Conditions for project improvements. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed expansion of the day care facility 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: Day Care Facility/ 2,647 square feet per acre The Comprehensive Plan Land Use Map suggests the subject site and the properties to the east and west as appropriate for office development. For the properties to the north across Webb Road, the Plan Map suggests Neighborhood Living-Working. For the properties to the south, the Plan Map suggests commercial development. Further to the north, the Plan Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 6 of 19 RZ07-020/VC07-015 R/A RZ06-051 Map suggests residential development at 1 to 2 units per acre. Further to the west are the City Limits of Alpharetta. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: • Encourage development of community services (such as day care facility) to support employers and employees. • Encourage day care centers to locate near or in activity nodes and corridors and to be accessible to the residential population. 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, current non-residential development trends in the area, adopted land use policies and recent Board action for approving similar zonings in the area support this request for a day care facility on the subject site. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Milton. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 19 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. East 20 05Z-029 O-I (Office-Institutional) Undeveloped 12,844.32 s.f./acre 42,900 sq.ft. 2 stories East 18 00Z-090 C-1 (Community Business) Undeveloped 8,653.9 sf/acre 18,000 Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 7 of 19 RZ07-020/VC07-015 R/A RZ06-051 1 Story 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) 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 04Z-030 C-2 (Commercial) Katy’s Car Wash 3,935.97/sq.ft./acre 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 13 MIX (Mixed Use) and Use 13,000 sq.ft./acre Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 8 of 19 RZ07-020/VC07-015 R/A RZ06-051 West 06Z-073 06U-012 Permit Undeveloped 82,860 2 stories Further West 10 RZ07-011 O-I (Office-Institutional) Undeveloped 15,076.46 sq.ft./acre 140,000 sq.ft 2 stories/30 ft height & 5 ft parapet Further West 10 RZ07-011 U07-009 C-1 (Community Business) Undeveloped Use Permit for Self Storage 44,160 sq.ft/acre 115,700 sq.ft for restaurant & Self Storage/ 3 Stories, 32 ft high building & 3 ft parapet for total of 35 feet Further Northwest 14 00Z-151 MIX (Mixed Use) The Preserve at Windward Village 2.10 u/a West 17 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. 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 Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 9 of 19 RZ07-020/VC07-015 R/A RZ06-051 EXISTING USES AND ZONING MAP 1/4/2008 RZ07-020/VC07-015 R/A RZ06-051 Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 Page 10 of 19 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning district for the subject property is suitable for the proposed use. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed zoning district for the subject property is suitable for the proposed use. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning would not create an isolated zoning district to adjacent and nearby districts. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? There will not be any effect on the character of the zoning district or 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? The proposed zoning will not be a deterrent to the value or improvement of development of adjacent properties since the surrounding properties are recommended to be Office uses as well. M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? There should not be any negative impact on the environment if the recommended conditions are approved. 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. Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 11 of 19 RZ07-020/VC07-015 R/A RZ06-051 The proposed rezoning as submitted is consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan for the area because the proposed day care facility is consistent with the recommended Office land use. O. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. The proposed expansion of the day care facility will not hinder or negatively impact residential neighborhoods. 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 near the subject site that is similar to the proposed rezoning. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on November 6, 2007 Staff offers the following considerations: BUILDING SETBACKS Article 8.1.3 of the Zoning Ordinance specifies the following building setbacks for structures in the O-I (Office-Institutional) district: A 40-foot front yard setback along Webb Road; a 20-foot side yard setback along the east and west property lines; and a 25-foot setback along the south property line. The applicant’s site plan indicates compliance with the required setbacks. BUILDING HEIGHT The proposed expansion of the day care facility will not exceed the permitted district height of 60 feet or nearby policy of 2 stories. The applicant has indicated that the manufactured building will be one story. LANDSCAPE STRIPS AND BUFFERS In accordance with Article 4.23.1 of the Zoning Ordinance, the following landscape strips, buffers and improvement setbacks are required: a 20-foot Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 12 of 19 RZ07-020/VC07-015 R/A RZ06-051 landscape strip along Webb Road; a 25-foot buffer with a 10-foot improvement setback along the east and west property lines and a 10 foot landscape strip along the south property line adjacent to a property zoned C-1 (Community Business). The site plan shows compliance with the landscape strips along Webb Road, south property line and undisturbed buffers along the southern portion of the site. A concurrent variance to reduce the 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip along the east and west property lines where the existing structure exists was approved by the Fulton County Board of Commissioners pursuant to RZ06-051/VC07-060. This part of the concurrent variance will be reflected in the Recommended Conditions. The applicant is requesting a concurrent variance as follows: To reduce the required 25 foot buffer and 10 foot improvement setback to a 5 foot landscape strip along the east and west property lines from the existing building for a distance of 150 feet (Article 4.23.1). Staff notes that with the proposed expansion, the area for a playground has been reduced. The site is long and narrow and 25 feet of buffer on either side of the parcel will reduce the area for the playground. Further, the septic drainage fields are located just north of the existing play area. Based on these constraints, Staff recommends APPROVAL CONDITIONAL of VC07-015. 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 • Day Care Facility (3,600 sq. ft.) Total Minimum Requirement • 1.7 spaces per 1,000 sq. ft. of building area plus 1 per 4 employees on the largest shift. Spaces Provided • 9 spaces provided 9 spaces provided 8 spaces required Article 18 of the Zoning Ordinance requires 1.7 parking spaces per 1,000 square feet plus one per 4 employees on the largest shift. Based on a 3,600 square-foot building and a maximum of 8 employees on the largest shift, the applicant is required to provide 8 parking spaces. The submitted site plan indicates compliance with the parking requirements with 9 spaces provided. PUBLIC INVOLVEMENT Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 13 of 19 RZ07-020/VC07-015 R/A RZ06-051 On November 21, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one in attendance and Staff has not received any comments regarding the rezoning. City of Milton Design Review Board Meeting – December 4, 2007 The following comment was made by the DRB: • To duplicate the façade of the existing building for the new building. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on December 5, 2007 and the sign was installed before the required date of November 30 along the frontage of Webb Road. The notice of rezoning was sent, to adjacent property owners on December 12, 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 Day care facilities are permitted uses within O-I (Office Institutional) zoning districts. Furthermore, the proposed day care facility is consistent with Plan policies and the intent of the Comprehensive Plan Land Use Map and recent Board action in the area. Therefore, Staff recommends RZ07-020 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. Staff also recommends VC07-015 be APPROVED CONDITIONAL for the reduction of the required buffers and improvement setback from the existing building for a distance of 150 feet. Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 14 of 19 RZ07-020/VC07-015 R/A RZ06-051 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) Restrict the use of the subject property to a day care center at a maximum density of 2,647 square feet of gross floor area per acre zoned or a total gross floor area of 3,600 square feet, whichever is less. b) Restrict the number of students to 78. c) Restrict the height to 1 story not to exceed 15 feet from average grade. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 6, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, City of Milton Subdivision Regulations and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Human Resources and file a copy of the approved registration with the Community Development Department. 3) To the owner’s agreement to the following site development considerations: Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 15 of 19 RZ07-020/VC07-015 R/A RZ06-051 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. (2006VC-0070 NFC) b) Reduce the required 25 foot buffer and 10 foot improvement setback to a 5 foot landscape strip along the east and west property lines from the back of the existing building for a distance of 150 feet. (VC07-015) c) Add a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Community Development. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Reserve Right-of-Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right-of-Way Ordinance. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to meet the requirements of the approved final site plan including the following: i) To allow a maximum of 1 curb cut along Webb Road. ii) 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. 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application (should greater than 5,000 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- Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 16 of 19 RZ07-020/VC07-015 R/A RZ06-051 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. Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 17 of 19 RZ07-020/VC07-015 R/A RZ06-051 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. 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 development utilizes an onsite sewage management system, the owner must obtain approval from this department prior to issuance of a building permit and before building construction or renovation. This 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. The Fulton County Health Department recommends this facility meet all permit requirements for child care facilities under DHR Rules and Regulations. If this proposed development includes an existing individual onsite sewage management system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. Fulton County Schools Comments: • Staff notes that the proposed rezoning will have minimal impact on the surrounding school system. Fulton County Tax Assessor: Property Tax ID#: 22-5270-1048-024-8 Taxes on the subject property are up-to-date. Water and Wastewater (Sewer): Water: Fulton County Public Works Department Anticipated Water Demand: No data available at printing This parcel is not on public sewer Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 18 of 19 RZ07-020/VC07-015 R/A RZ06-051 Comments: • This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Fulton County Department of Public Works for more information. • This information does not guarantee that adequate sewer capacity is available at this time or will be available upon application of permits. Please contact the Fulton County Department of Public Works for more information. Drainage: Flood Plain: No flood plain Hydrology: Types of detention proposed: None proposed, water quality required. If greater than 5,000 square feet, then detention required. Comments: • A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention area locations. City of Milton Fire Marshal: Comments: • Provide accessibility plan for handicapped. Prepared by the Community Development Department for the Mayor & City Council Meeting on January 24, 2008 1/4/2008 Page 19 of 19 RZ07-020/VC07-015 R/A RZ06-051 A /7-Cify of Milton 23000 Deerfield Pahay, Suite 107, Milton, Georgia 30004 - CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 4, 2008 FROM: Interim City Manager AGENDA ITEM: An Ordinance Regarding 2008 Meeting and Work Session Dates and Times for the City of Milton City Council. MEETING PATE: Thursday, January 10,2008 Regular Meeting BACKGROUND INFORMA TION: (Aftach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 14) APPROVED () NOT APPROVED I '\ CITY ATTORNEY APPROVAL REQUIRED: ;#YES ()NO hnil) CIW ATTORNEY REVIEW REQUIRED: YES'H (1 NO APPROVAL BY CITY A7TORNEY (XAPPROVED 1 () NOT APPROVED PLACED ON AGENDA FOR: C\ co 08 REMARKS: City of Milton To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Interim City Manager Date: January 4, 2008 for Submission onto the January 10, 2008 City Council Meeting for First Presentation and the January 24, 2008 City Council Meeting for Second Reading Agenda Item: Ordinance to Amend Chapter 2, Administration, Article 1, Section 1, Meeting Times, of the City of Milton Code of Ordinances CMO (City Manager’s Office) Recommendation: To approve the attached ordinance amending the City of Milton Code of Ordinances, Chapter 2, Administration, Meeting Times. Background: Chapter 2, Article 1, Section 1, of the City Code of ordinances establishes and outlines the meeting times of the City of Milton Council meetings. The City’s charter, House Bill 1470, Article III, Section 3.13, establishes meeting times. Due to the proposed change in the Rules of Procedures, the recommendation for the meeting time for City Council meetings is 6:00 PM. Additionally, the recommendation for City Council Work Sessions on the second Monday of the month is 6:00 PM. Discussion: The attached ordinance amends Chapter 2, Article 1, Section 1 (a) and (b), to reflect the time change to the regular meetings and monthly work sessions. Alternatives: N/A Concurrent Review: Mark Scott, City Attorney City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom Interim City Manager Date:January 4, 2008 for January 10, 2008 City Council Meeting for First Presentation and onto the January 24, 2008 City Council Meeting for Second Reading Agenda Item: An Ordinance Adopting Amended Rules and Procedures for the City Council Meetings and Public Hearings for the City of Milton, Georgia CMO (City Manager’s Office) Recommendation: Approve the attached ordinance adopting the Rules and Procedures of public meetings held by the City of Milton, providing for an orderly process of conducting business, and for other purposes. Background: Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate the orderly conduct of public meetings. Such documents outline how meetings will be conducted and stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any government – soliciting public input and conducting public meetings. The attached Rules of Procedure were drafted after consulting with Title 50, Chapter 14 of the Official Code of Georgia Annotated as well as the City’s Charter – House Bill 1470. The rules and procedures were first adopted and put into place by Milton on November 21, 2006, after the second reading of the ordinance occurred. An amendment to the Rules of Procedure was adopted on January 18, 2007 to subparagraph (d) Work Sessions. An amendment to the Rules of Procedure was adopted on June 21, 2007 to Section 19, Public Participation (e) Representation of Civic Associations, Advocacy Groups or Homeowners’ Associations. Discussion: Amendments to the amended and approved rules and procedures are recommended and annotated in Section 11, Regular Meetings and Section 12, Meetings other Than Regular Meetings, (d) Work Sessions, which reads as follows: Section 11. Regular Meetings. Regular meetings of the city council shall be held at 7:00 6:00 p.m. on the first and third Thursday Monday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Section 12. Meetings Other Than Regular Meetings. (d) Work Sessions. Meetings to discuss City business where no formal votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 5:30 6:00 p.m. on the second Thursday Monday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will be allowed for ten (10) minutes per item, two (2) minutes per person with the Mayor having flexibility to extend the time if needed. Alternatives: N/A Concurrent Review: Mark Scott, City Attorney STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 08-1-__ AN ORDINANCE REGARDING 2008 MEETING AND WORK SESSION DATES AND TIMES FOR THE CITY OF MILTON CITY COUNCIL The Council of the City of Milton hereby resolves while in regular session on the __ day of January, 2008 at 7:00 pm.: WHEREAS, in accordance with Section 3.13, the City Council of the City of Milton is to hold at least one meeting per month at a time and place prescribed by ordinance; and WHEREAS, The City Council has determined that it would be preferable to schedule meetings and work sessions on Mondays; and WHEREAS, Citizens of the City of Milton have expressed, and the City Council has determined that it is desirable that meetings do not extend past midnight with the exception of emergency situations; and WHEREAS, Citizens of the City of Milton have expressed that they would like sufficient prior notice of the contents of meeting and work session agendas; and WHEREAS, The City Council has determined that it is desirable to change the day and time of Council Meetings and work sessions for 2008. WHEREFORE, THE CITY COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS THE FOLLOWING: 1. Chapter 2 of the City Code of Ordinances and Section 11 of the Rules of Procedure for City Council Meetings and Public Hearings are hereby amended as attached to reflect that the days and times for Council Meetings are set for 6:00 p.m. on the first and third Mondays of each month 2. Chapter 2 of the City Code of Ordinances and Section 12(d) of the Rules of Procedure for City Council Meetings and Public Hearings are hereby amended as attached to reflect that City Council work sessions are set for 6:00 p.m. on the second Monday of each month. 3. Section 14(b) of the Rules of Procedure for City Council Meetings and Public Hearings Items for consideration is hereby repealed and amended as follows: “Items for consideration by the City Council must be placed on City Council meeting or work session agendas on or before 5:00 p.m. no less than seven working days prior to the scheduled meeting or work session ____________________________ _____________________________ except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property.” 4. The Rules of Procedure for City Council Meetings and Public Hearings are hereby amended as attached to add a new Section 23 as follows: “Duration of Council Meetings: City Council Meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to “unfinished business” on the next scheduled meeting agenda.” 5. Any and all Ordinances or parts of Ordinances in conflict herewith shall be, and the same are, hereby repealed to the extent of such conflict. 6. This Ordinance shall take effect on February 1, 2008. ORDAINED this the _____ day of ________________, 2008. Approved: Mayor Attest: City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS Section 1. Open Meetings.All meetings of the Mayor and City Council shall be held in accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia Annotated. The public shall at all times be afforded access to all meetings other than executive sessions. Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the Official Code of Georgia Annotated. Any portion of the meeting not subject to any such exemptions shall be open to the public. (a) Non-Exempt Topics. If a council member attempts to discuss a non-exempt topic during an executive session, the mayor, city manager, or city clerk shall immediately rule that council member out of order and such discussion shall cease. If the council member persists in discussing the non-exempt topic, the mayor shall adjourn the meeting immediately. (b) Procedure For Entering Into Executive Sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the council members present, those voting for the executive session, and the specific reasons for the executive session. All votes taken on items discussed in executive session shall be taken in an open meeting. (c) Executive Session Minutes. (1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an executive session in which the acquisition of real estate is discussed shall be taken in the same manner as minutes of an open meeting (Section 21 of this document) and available for public inspection except that any portion of the minutes identifying the real estate shall be redacted until such time as the action for acquisition of the real estate is taken, or decision is reached that the proposed acquisition is to be terminated, abandoned or until court actions are to be initiated through the use of condemnation proceedings. (2) Other Executive Sessions. Minutes of executive sessions devoted to any topic other than land acquisition may be maintained by the clerk at the direction of the mayor. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosure of such portions of minutes identifying real estate to be acquired by the city council may only be delayed until such time as Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on _________ City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated. (d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. [Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4] Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings shall be permitted for all public hearings. [Cross-reference: O.C.G.A. § 50-14-1(c)] Section 4. Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any council member may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a meeting, a council member or council members leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the council members present. Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session as authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected body. Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore consistent with the process outlined in the City of Milton Charter, sections 3.29 and 3.30. Section 7. Presiding Officer. If the mayor and the mayor pro-tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of council members are present, the remaining council members shall select a council member to serve as presiding officer of the meeting until either the mayor or mayor pro-tem is present at the meeting. Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. Section 9. Amendments to the Rules. Any amendments to the rules of order shall be submitted by a council member in writing to the city manager three business days before a Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on _________ City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all council members. All amendments require a majority vote of the council to be adopted. Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unamious approval of the council. Rules governing quorums (Section 4), voting methods and requirements (Section 17 and Section 18), the notification to council members of meetings (Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the Governor or other authorized state official, the city council may waive time-consuming procedures and formalities imposed by state law. [Cross-reference: O.C.G.A. § 38-3-54] Section 11. Regular Meetings. Regular meetings of the city council shall be held at 7:00 6:00 p.m. on the first and third Thursday Monday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. [Cross-reference: O.C.G. A. § 50-14-1(d)] Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three (4) council members. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the change shall be posted for at least 24 hours at the regular meeting place. In addition, written or oral notice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well as to each member of the city governing authority. [Cross-reference: O.C.G.A. § 50-14-1(d)] (b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of the city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. [Cross-reference: O.C.G.A. § 50-14-1-(d)] Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on _________ City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 (c) Meetings During a State of Emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the Governor or other authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three (3) council members. At the meeting, the council members shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. [Cross reference: O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55] (d) Work Sessions. Meetings to discuss City business where no formal votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 5:30 6:00 p.m. on the second Thursday Monday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will be allowed for ten (10) minutes per item, two (2) minutes per person with the Mayor having flexibility to extend the time if needed. Section 13. Order of Business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: 1. Call to Order 2. Roll Call 4. Pledge of Allegiance 5. Approval of Meeting Agenda 6. Public Comment 7. Consent Agenda 8. Reports and Presentations 9. Zoning Agenda 10. First Presentation 11. Unfinished Business 12. New Business 13. Mayor and Council Reports 14. Staff Reports 15. Adjournment Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and council agenda items shall be submitted consistent with the attached process. The agenda shall be made available to the city council at least one business day before every city council meeting. Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on _________ City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 (a) Requests For Agenda Items.Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk. (b) Changing The Agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. A new item may be added to the agenda by a majority vote of the city council only if it becomes necessary to address the item during the meeting. An existing item may be removed from the agenda by the majority vote of the city council.Items for consideration by the City Council must be placed on City Council meeting or work session agendas on or before 5:00 p.m. no less than seven working days prior to the scheduled meeting or work session except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. (c) Agenda Must Be Made Public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but not more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. [Cross-reference: O.C.G.A. §§ 50-14-1(e)(1) and 36-66-4] Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a council member objects to an item being on the consent agenda, the council member shall direct the move of that particular item to the regular agenda through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. Section 16. Decorum. All council members shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council member may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a council member shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a council member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present. Unless otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at least four of the council members present (including mayor). Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on _________ City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Section 18. Abstentions. A council member shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the council member shall explain for the record his or her decision to abstain on any vote. Section 19. Public Participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (a) Public Comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any meeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250 to the campaign of a council member who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A- 3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be limited to their chosen topic. These limits may be waived by a majority vote of the city council. [Cross-reference: O.C.G.A. § 36-67A-3] (b) Public Participation on Agenda Items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the public may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (c) Decorum. Members of the public shall not make inappropriate or offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for council members. Individuals violating any rules of the city council may be ruled out of order by the mayor or on a point of order made by a council member. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (d) Public Hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least ten (10) minutes per side. These limits may be waived by a majority vote of the City Council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures. [Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5] Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on _________ City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 (e) Representation of Civic Associations, Advocacy Groups or Homeowners' Associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the City Clerk prior to the agenda item being called. Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the names of the council members present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. [Cross-reference: O.C.G.A. § 50-14-1(e)(2)] Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of council members present at the meeting, a description of each motion or other proposal made at the meeting, the name of the council member who proposed each motion, the name of the council member who seconded each motion, and a record of all votes (the name of each council member voting for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council. Regular meeting minutes will be provided at the next regularly scheduled meeting. Work Session minutes will be provided at the next regularly scheduled Work Session. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. [Cross-reference: O.C.G.A. § 50-14-1(e) (2)] Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of the Mayor and City Council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. Section 23. Duration of Council Meetings. City Council Meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to “unfinished business” on the next scheduled meeting agenda. Amended on January 18, 2007, Section 12 (d) Work Sessions Second Amendment on June 21, 2007 Third Amendment on _________ Chapter 2: Administration Article 1: General Provisions Section 1: Meeting Times (a) As described in the City of Milton Charter, Article III, Organization of Government, General Authority and Ordinances, Section 3.13, Meetings, the Council shall meet on the first and third Thursday Monday of the month at 7:00 6:00 p.m. The Council shall meet on the second Thursday Monday of the month for a Work Session at 5:30 6:00 P.M. The Council may designate alternative meeting times and days so long as the time is published either electronically on the City website or through other means, including posting at the building designated as City Hall at least 24 hours before the meeting. (b) If the regular meeting falls on a City observed holiday, the Council may reschedule the meeting to the next Thursday Monday, or any day which is conducive to a meeting, and publish the time change as described in subsection (a) of this section. (c) Special meetings may be called in accordance with the Charter, Article III, Organization of Government, General Authority and Ordinances, Section 3.13, Meetings. (d) Any meeting of the Council may be continued or adjourned from day to day, or for more than 1 day, but no adjournment shall be for a longer period than until the next regular meeting thereafter. (e) The initial meeting of the Council shall occur on November 14, 2006. Section 2: Compliance with State Law (a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act codified at O.C.G.A. § 50-14-1 et seq. (b) All City records subject to the Georgia Open Records Act, codified at O.C.G.A. 50-18-70 et seq, shall be available to the public. The City Clerk shall comply with any valid requests under the Georgia Open Records Act and prepare any materials requested. Section 3: Document Retention Pursuant to the Georgia Records Act, O.C.G.A. § 50-18-90 et seq, and the Record Retention Policy within the Financial Management Program, the City of Milton adopts the records management plan and record retention schedules recommended by the Georgia Secretary of State as amended from time to time by future ordinances of the Mayor and Council of the City of Milton. Pursuant to the Record Retention Policy within the Financial Management Program, Page 1 of 6 the City Clerk shall coordinate all records management for the City including storage, archiving, and destruction of records. Records shall be maintained according to approved retention schedules. All requests made under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq, excepting standardized routine requests of the City of Milton Police Department, the City of Milton Fire Department, and the City of Milton Municipal Court shall be made to the City Clerk. No record shall be destroyed except as provided in the approved Record Retention Policy; provided, however, a written record may be destroyed if it is otherwise preserved by means of microfiche, scanning, or other reliable photographic or digital means as permitted by law. Changes to the retention schedules shall be adopted by ordinance of the Mayor and Council. Section 4: Fees The City Clerk shall charge the full amount permitted by Georgia law to copy the records subject to the Georgia Open Records Act. If compilation and replication of such documents takes more than 15 minutes, the City Clerk may charge an additional reasonable administrative charge. Section 5: Subpoenas (a) The Council, when sitting as a judicial or quasi-judicial body pursuant to public law, its charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same rules as prevail in the superior courts, and any witness who shall fail to respond to the subpoena, or who shall refuse to testify under oath, shall be guilty of contempt. (b) The subpoenas as authorized in the preceding section shall bear witness in the name of the Mayor; shall be issued by the City Clerk; and shall be served by the Chief of Police, any police officer, or by such other person as the Mayor may designate. (c) Should any person fail to respond to a subpoena of the Council, after having been lawfully served, without good cause, or should the person refuse to testify under oath, then the Council shall hold the person in contempt, and, in their discretion, punish the person by the imposition of a fine according to the maximum allowed by state law. Each of the failures or refusals herein described shall constitute a separate contempt. Section 6: Reimbursement and Travel (a) The Mayor and Council Members shall be reimbursed for their own reasonable expenses consistent with the Elected Officials Expenditure Policy within the Financial Management Program. (b) The City shall reimburse the Mayor or Council members for travel expenses consistent with the Elected Officials Expenditure, Travel and Meal Expenditure, and Expense/Expenditure Policies of the Financial Management Program. Page 2 of 6 Article 2: Personnel Section 1: Personnel Manual The City Manager shall establish a personnel manual for all municipal employees. In addition to sections deemed necessary by the City Manager, the manual shall include policies regarding equal employment opportunity, nondiscrimination, and sexual harassment. The manual will be updated from time to time as required by federal and state laws. Section 2: Employees (a) In general, municipal employees shall be categorized as full-time, part-time or by terms decided by contract with the City. Employees will be paid on a schedule consistent with the operating cycle of the organization. (b) The City Manager shall have the authority to enter into contractual employment relationships between the City and third parties. The terms of these third party contracts will be established by the contract at the time of hiring. Procurement of such relationships shall be made in accordance with the City’s Purchasing Policies within the Financial Management Program. Section 3: Job Descriptions The City shall maintain a job specification for each position held by a Municipal Employee. The City may provide a job specification for contracted positions. Such specification shall describe the duties of the position, the qualifications necessary, licenses required, to whom such employee reports, expected salary range, and such other information as is necessary to recruit for such position effectively. Such specifications may be amended from time to time by the City Manager. Section 4: Benefits It shall be the policy of the City of Milton to attract and retain a qualified workforce through the provision of a comprehensive package of benefits. To that end, the City shall be authorized to contract with benefits providers for the purpose of providing insurance, retirement, pension plans and other benefits deemed necessary by the Council upon approval of the Personnel Policies by the City Council. Eligibility for benefits shall be specified in the Personnel Manual. The cost Page 3 of 6 of benefits to employees shall be specified in the annual financial plan, as adopted by ordinance for the City. Section 5: Records The City shall keep such records and make such reports as may be required by applicable state or federal laws or regulations. Article 3: City Advisory Boards, Commissions, and Authorities Section 1: Authorization The Council may establish boards, commissions, and authorities pursuant to the City’s Charter, Article IV, Administrative Affairs, Section 4.11, Boards. The City Manager or a designee shall oversee the meetings of each board, commission, or authority and is an ex-officio, non-voting, member of each. Section 2: Duties (a) Each board, commission, or authority shall, from time to time, propose policies and ordinances to the Council in the subjects germane to the board, commission, or authority. (b) This section shall not be interpreted to require Committee approval for a measure to be heard before the Council. (c) Members must attend two-thirds of meetings in a calendar year. Failure to do so warrants removal from the Committee by the Council. Section 3: Membership (a) Except as provided in subsection (b) below, the Council shall establish qualifications for members of each board, commission, or authority. Each member of a board, commission, or authority, other than members of the Council, shall be nominated in accordance with Article IV, Administrative Affairs, Section 4.11, Boards. (b) Each board, commission, or authority member must be a resident of the City of Milton. Should the Committee member move out of the City, he or she may remain active until the Mayor and Council appoint his or her replacement. Section 4: Terms (a) Each board, commission, or authority member shall serve a specified term pursuant to Article IV, Administrative Affairs, Section 4.11, Boards. Should no Page 4 of 6 term specification be provided during the creation of a board, commission, or authority, no member shall serve for more than four (4) years. Consecutive terms are permissible. Section 5: Compensation Board, commission, or authority members shall be compensated in accordance with Article IV, Administrative Affairs, Section 4.11. Should no compensation be provided during the creation of a board, commission, or authority, members of such boards, commissions, or authorities shall serve without compensation. Section 6: Quorum A majority of actual board, commission, or authority members establishes a quorum. Any action taken requires a majority of affirmative votes of the quorum present. Section 7: Procedure (a) Each of the boards, commissions, or authorities shall make its own rules of procedure and determine its time of meetings. The date and time of each meeting as well as agenda items to be considered shall be publicized in the same manner as meetings of the Mayor and Council. (b) All meetings at which official action is taken shall be open to the public and all records maintained by the board, commission, or authority shall be public records unless expressly excepted by a provision of the Georgia Open Records Act. The boards, commissions, and authorities shall keep minutes of their formal proceedings, showing the vote of each member upon each question; and records of their examinations and other official actions, all of which shall be filed in the office of the City Clerk. Copies of the minutes shall be made available to the Mayor and each member of the City Council. The minutes of the meetings shall be a public record. This section shall not be construed as prohibiting closed sessions when permitted by the Georgia Open Meetings and Open Records Acts. (c) Expenditures of boards, commissions, or authorities, if any, shall be within the amounts appropriated for the purpose intended by the Mayor and Council during the annual budgeting process. Section 8: Training The Council may establish a mandatory training program for members of any board, commission, or authority.. Page 5 of 6 Article 4: City Departments Section 1: Authorization The following departments are hereby established by the Council: (a) Mayor and City Council; (b) City Manager’s Office; (c) City Treasurer’s Office and Department of Operations; (d) City Clerk’s Office and Municipal Court; (e) Community Development; (f) Community Services; and (g) Public Safety. Section 2: Right of Contract The City may contract with third parties to provide all or portions of the functions of any municipal department. Section 3: Oversight (a) At the election of the City manager each department shall have a Department Head or its equivalent. That Department Head shall be responsible for the day-to- day management of each department and shall report and make recommendations to the City Manager from time to time. (b) The City Manager or his designate shall supervise each department. Page 6 of 6 AC City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 4, 2008 FROM: Interim City Manager AGENDA ITEM: Approval of Alcoholic Beverage License Application for The Union Restaurant located at 13020 Morris Road, Suite E, Alpharetta, GA 30004. AppIicant is Nomislam Kapadia for Package -Wine & Malt ReveragelDistilled Spirits. MEETING DATE: Thursday, January 10,2008Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum I APPROVAL BY CITY MANAGER: w) APPROVED () NOT APPROVED CITY ATTORNEY APPRO VAL REQUIRED: (1 YES h6 No I CITY A PTORNEY REVIEW REQUIRED: (1 YES y." APPROVAL BY CITY ATTORNEY I) APPROVED (3 NOTAPPROVED City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on January 4 for January 10, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to The Union Restaurant LLC, d/b/a The Union Restaurant CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to The Union Restaurant for consumption on the premises of wine, malt beverage and distilled spirits. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: The Union Restaurant LLC – d/b/a The Union Restaurant Owner(s) Name: Bob Fishman Business Address: 14275 Providence Rd Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage/Distilled Spirits Concurrent Review: Chris Lagerbloom, Interim City Manager Tom Wilson, Director of Community Development Charles Millican, Interim Public Safety Director 1 A City of Milton- 13000 Deerheld Parkway, Suite 107, Milton, Georgia 30004 CIN COUNCIL AGENDA ITEM TO: City Council DATE: January 4,2008 FROM: Interim City Manager AGENDA ITEM: Approval of Alcoholic Beverage License Application for Margbest LLC d/b/a' Fosters Grille of Crabapple located at 12540 Broadwell Road, Suite 1103. Applicant is Michael O'Keefe for Consumption on the Premises -Wine and MaIt Beverage. MEETING DATE: Thursday, January 10,2008 Regular Meeting BACKGROUND 1NFORMA TION: (Attach addrbonai pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: @ APPROVED ($NOT APPROVED CITY ATTORNEY REViEW REQUIRED: (IYES XNO APPROVAL BY CITY ATTORNEY (J APPROVED () NOT APPROVED City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on January 4 for January 10, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Margbest LLC d/b/a Fosters Grille of Crabapple CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to Fosters Grille of Crabapple for consumption on the premises of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Margbest LLC d/b/a Fosters Grille of Crabapple Owner(s) Name: Michael O’Keefe Business Address: 12540 Broadwell Road, Suite 1103 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, Interim City Manager Tom Wilson, Director of Community Development Charles Millican, Interim Public Safety Director 1 -- - - A City of Milton 73030 Deerfieed Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 4, 2008 FROM: Interim City Manager AGENDA ITEM: ApprovaI of Alcoholic Beverage License Application for I Love New York Pizza d/b/a I Love New York Pizza at 980 Birmingham Road, Suite 200, Milton, GA 30004. Applicant is Nereyda Blandon for Consumption on the Premises -Wine and Malt Beverage. MEETING DATE: Thursday, January 10,2008Regular Meeting BACKGROUND INSORMA TION: (Attach addrftonal pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: FJ APPROVED (I NOT APPROVED I CITY ATTORNEY APPROVAL REQUIRED: f 1 YES fl NO ClTY A TTORNEY REVIEW REQUIRED: 0 YES r)NO APPROVAL BY ClTYATTORNEY () APPROVED J NOT APPROVED PLACEDONAGENDA FOR: Q 1 1 Q 0 8 REMARKS: City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on January 4 for January 10, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to I Love New York Pizza d/b/a I Love New York Pizza CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to I Love New York Pizza for consumption on the premises of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: I Love New York Pizza d/b/a I Love New York Pizza Owner(s) Name: Nereyda Blandon Business Address: 980 Birmingham Rd, Suite 200 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, Interim City Manager Tom Wilson, Director of Community Development Charles Millican, Interim Public Safety Director 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-__ A RESOLUTION REGARDING THE FUTURE OF PROVIDENCE PARK The Council of the City of Milton hereby resolves while in regular session on the __ day of January, 2008 at 7:00 pm.: WHEREAS, the portion of Fulton County now containing the City of Milton historically suffered from an extremely limited number of county parks; and, WHEREAS, one of those county parks, Providence Park, was closed to the public in January, 2004 due to the discovery that materials stored on the park site contained hazardous waste and remains closed to this day; and, WHEREAS, in accordance with a Resolution of the Board of Commissioners of Fulton County, the City of Milton purchased all County parkland within the City limits with the exception of Providence Park on January 2, 2007; and WHEREAS, the City of Milton and its citizens would greatly benefit from the recreational activities which would be afforded if Providence Park would be reopened and operated by the City of Milton; and WHEREAS, City Staff and Council Members inspected Providence Park during 2007 with representatives of Fulton County and Commissioner Lynne Riley and found most of the land and facilities contained within the park to be operable, safe and highly desirable for recreation; and WHEREAS, the safety of the public and the interests of both the City of Milton and Fulton County and their citizens could be served well if, at the very least, the City of Milton could receive transfer of title to, and assume operation of, the areas of the park which are not contaminated; and WHEREAS, either the transfer and operation of the uncontaminated portions of Providence Park to the City of Milton, or the transfer of all of the Park property to the City of Milton provided that appropriate legal measures be taken to ensure that the City does not incur liability for cleanup would represent the best stewardship of taxpayer investment and resources by ensuring that Park buildings, facilities and property is properly maintained, kept up and operated. ____________________________ _____________________________ NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON this __ day of January, 2008, that the staff and City Attorney of the City of Milton are hereby directed to make all possible efforts to work with the elected officials and staff of Fulton County to either effect the transfer of the non-contaminated portions of Providence Park to the City of Milton or take appropriate legal measures to transfer the entire Park to the City of Milton in such a manner that the City does not incur liability for environmental issues contained thereon, or resulting consequences thereof. Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal)