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HomeMy WebLinkAbout01-24-08 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 24, 2008 Regular Council Meeting Agenda 7:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 08-477) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) (Agenda Item No. 08-478) 5) ELECTION OF MAYOR PRO TEM 6) PUBLIC COMMENT 7) CONSENT AGENDA (Agenda Item No. 08-479) 1. Approval of the Financial Statements for the period ending November, 2007. (Stacey Inglis, Finance Manager) (Agenda Item No. 08-480) 2. Approval of the November 15, 2007 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) 8) REPORTS AND PRESENTATIONS 1. Presentation and contribution from Avensong Homeowners’ Association to the Milton Public Safety Department. (Presented by Charles Millican, Interim Public Safety Director and Janie Whitener, Avensong Homeowner’s Association) 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 24, 2008 – 7:00 PM 9) ZONING AGENDA (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 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. 07-313) 3. RZ07-005 / VC07-002 – 855 Mayfield Road to rezone from AG-1 to MIX to develop a total of 15,000 sq.ft of medical office; 3,500 sq.ft of commercial; and 9 residential units. Request to reduce the 75-foot buffer and 10-foot improvement setback to a 15-foot landscape strip adjacent to AG-1 by Milton Medical Holdings, LLC c/o Jay Davis. (Second Reading) (This item was deferred on August 16, 2007.) (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-418) 4. ZM07-006 - 2865 Webb Road -To modify Condition 3.a. of Z06-051 to reduce the required 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip along the east and west property line for a distance of 150 feet north of the existing building. (This item was deferred on December 13, 2007.) (Presented by Tom Wilson, Community Development Director) 10. FIRST PRESENTATION (none at this time) 11. UNFINISHED BUSINESS 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 24, 2008 – 7:00 PM (Agenda Item No. 08-456) 1. An Ordinance Regarding 2008 Meeting and Work Session Dates and Times for the City of Milton City Council. (Presented by Councilmember D’Aversa) 12. NEW BUSINESS (Agenda Item No. 08-481) 1. Approval of a Resolution Amending Resolution No. 08-01-01, a Resolution Appointing Members to the City of Milton Design Review Board. (Deferred on January 10, 2008) (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08-482) 2. Approval of a Resolution Amending Resolution No. 08-01-07, 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. 08-483) 3. Approval of a Resolution Amending Resolution No. 08-01-04, a Resolution Appointing Members to the City of Milton Board of Ethics. (Presented by Chris Lagerbloom, Interim City Manager) (Agenda Item No. 08- 466) 4. Approval of a Resolution Amending Resolution No. 07-03-24, a Resolution Appointing Members to the City of Milton Bike & Pedestrian Path Committee. (Deferred on January 10, 2008) (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08-484) 5. Approval of Appointments to the City of Milton Comprehensive Plan Advisory Committee. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08-485) 6. Approval of a Resolution Adopting the City of Milton City Council Meeting Schedule for Regular Meetings and Work Sessions. (Presented by Chris Lagerbloom, Interim City Manager) (Agenda Item No. 08-486) 7. Approval of a Resolution Adopting the City of Milton Zoning and Use Permit Schedule, Zoning Modification Schedule, Board of Zoning Appeals Schedule, and the City of Milton Design Review Board Schedule. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 08-487) 8. Approval of a Resolution to Authorize the Mayor and City Council to approve the submission of a Grant Application to the US Bureau of Justice Assistance Bullet Proof Vest Partnership Program. (Presented by Charles Millican, Interim Public Safety 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 24, 2008 – 7:00 PM (Agenda Item No. 08-488) 9. Approval of a Resolution to Authorize the Mayor and City Council to Approve the Submission of a Grant Application to the US Smokeless Tobacco Company for a Polaris Ranger ATV. (Presented by Charles Millican, Interim Public Safety Director) (Agenda Item No. 08-489) 10. Approval of Legal Fees for November 2007. (Presented by Stacey Inglis, Finance Manager) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS (Agenda Item No. 08-490) 15) EXECUTIVE SESSION The purpose of the Executive Session is to discuss pending litigation. (Presented by Mark Scott, City Attorney) (Agenda Item No. 08-491) 16) 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. A City of Milton- 13000 Deerfield Parkway,Suite lQS, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: Approvd of the Financial Statements for the period ending November, 2007. MEETING DATE: Thursday, January 24,2008Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: I 1 YES N No CITY ATTORNEY REVIEW REQUIRED: I I YES 94~0 APPROVAL BY CITYATTORNEY I)APPROVED () NOT APPROVED PLACEDONAGENPAFOR: 1 23 6% REMARKS: FINANCIAL STATEMENTS Memo To: The Honorable Mayor and City Councilmembers Fmm: Stacey lnglis, Finance Manager CC: Chris Lagerbloom, Interim City Manager Dan Drake, Public Works Dimtor Tami Hanlin, Program Director Jeanette Marchifam, CitylCourt Clerk Charles Millican, Interim Public Safety Director Tm Wilson, Community Development Didr 111712008 Re: Financial Status Report for Period 3 -December 2007 OVERVIEW and FINANCIAL HIGHLIGHTS: The attached financial statements represent figures as of the close of period 2, November 2007. The financial status report is indented t~ provide a current budget-to-actual revenue & expenditure status of each fund. General Fund With 25% of the fiscal year lapsed, expendlhrres are averaging 20.4% of the budgeted amounts, while revenues are at 13%. At this point it is too early to determine if we are on target for our projections. We will know more within the next two months. As was mentioned in the financial report for November, there were several sources of revenues collected in the first two months of the fiscal year that were intended for FY 2007. Some of these include property tax, local option sales tax, motor vehicle tax, real estate transfer tax and alcoholic beverage excise tax. Since they were intended for the previous fiscal year, they were recorded as such. Therefore, the revenue collections are and will always be lower in the first two periods of the fiscal year. Capifal Project Fund Expenditures within this fund continue to occur on a project-by-project basis. Wrh a total project expenditure budget of $1$1 9,762,capital expenditures-tpdate total $1 15,924. FINANCIAL OPERATIONS: Tree Redacement Fund: Balance: $0 Sidewalk Replacement Fund: Balance: $24,070 Cfty of Milton Statement of Revenues, Expenditures, and Changes In Fund Balances Governmental Funds For the Period Ended December 31,2007 Total Capital Operating Capital Governmental General Proiect Motel 1 Matel Grant Fund Grant Fund Funds REVENUES Taxes. Property Tax Local Opf~on Sales Tax Other Taxes Hotel / Motel Tax Licenses and perrntts In tergovemmental Charges for services FinesIForfeitures l nvestment earnlngs Contributions and Donations State-Cap~tal-D~rectGrant Other Total revenues EXPENDITURES Current: Unallocated 5 -$ -$ -S General government 1,004,443 Publlc safety 1,258.312 101,830 Cornmuntly Services 431,722 Econom~cand community development 296.905 14,094 Culture and recreation 100,328 Capital outlay Total expenditures Excess (defic~ency)of revenues over (under) expenditures OTHER FllrlANClNG SOURCES (USES) Transfers In Transfers out Sale of caprtal assets Insurance Proceeds Capdal lease proceeds Note Interest Bond pnnc~pal Tdal other financing sources {uses) S (420,039) $ 389.190 $ (16,715) 5 -5 -$ (716,279) Net change in fund balances (2,327,165) 304,381 (11.085) (2.044.954) Fund balances -beginning* 2,421.282 520,124 11.250 51.250 2.958.906 Fund balances -ending The accompanying notes to the financial statements am an integral part of this statement "Beginntng fund balances are unaudited. Ci of Milton General Fund Statement of Revenues, Expenditures, and Changes In Fund Balances -Budget and Amah For the Period Ended December 31.2007 Original Final Variance with Budgeted Budgetd Final Budget - Amounts Amounts Actual Amounts Positive [Negative) REVENUES Taxes- Property Tax Local Qptlon Sales Tax Business 8,Occ Tax MobVehide Tax lntangrble Tan Rea4 Estate Transfer T~J Alcohol Beverage Exase Tax HorellMotel Excise Tax Fkmc~alInMtllutionTar Penalties & Interest Limes and Pemii Intergovernmental Charges for Service Franch~seFees Mher Charges for Servica FlneslForfeiures Inveslrnent Eanlngs Contrlbutlons and Donations Other Total revenues EXPENDITURES Current: General govemmem Maywand Cwncil Clerk of the Counal City Manager program Manager Legal Services MunicipalCwrt Operations Risk Managemem Public Inlamnation Operating Resenre Total General Gwemmem Pubic safely Comrnunlty Swvrces-PubflcWorks Community Semioe&Parks & Rec Emomlc and Cornrnm-4y Deveropment Total expendires ?Excessof revenues over expend~tures OTHER FINANCING SOURCES {USES) Transfers out Transfers Cn Capital lease paymenl TAN Interest COP pnnerpal Sale M capilal assets Insurance p-s Total other financing sources and uses Net change In fund balances Fund balances -baglnn'm Fund 'balances -endlng The amrnpawng notes to the financial statemenls are an intqral par1ofthis statement. City of Milton Capltal Project Fund Statement d Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual For the Period Ended December 31,2007 Original Variance with Budgeted Final Final Budget - Amounts Budgeted Amounts Actual Amounts Positive (Negative) REVENUES Charges for Service Host Fees Solid Waste Fees Sidewalk Replacement Account Total revenues EXPENDITURES Cap~talOutlay Unallocated. Public Safety Community Services -Public Works Cornrnun~tyServices -Recreation 8 Parks Community Development Total Capital Outlay $ 1,919,762 5 1,919,762 $ 115,924 f 1,803,838 Excess of revenues over expenditures (t ,666,762) (1,666,762) (84,809) 1,581,953 OTHER FINANCING SOURCES {USES) Transfers in from General Fund 1.556,762 $ 1,556,762 S 389,190 5 (1,167,572) Lease Interest $ S S Lease Proceeds $ S -S Budgeted Fund Balance 110,000 110,000 (1 10,000) Total other financing sources and uses 1,666,762 1,666,762 389-190 (1,277,572) Net change in fund balances 304,381 304,381 Fund balances -beginning Fund balances -ending The accompanying notes to the financial statements are an integral part of this statement. City of Milton MotellMotel Tax Fund Statement of Revenues, Ependituw, and Changes In Fund Balances -Budget and Actual As of Decwnber 31, 2007 Original Final Variance with Budget Budgeted Actual Final Budget - Amounts Amounts Amounts Positive ('Negative) REVENUES Taxes HotelhTotet Taxes Total revenues 52,000 $ 52,000 $ 5,630 $ (46,370) OTHER FINANCING SOURCES (USES) Transfers out to General Fund (52,000) $ (52.000) $ 116,715) $ 35,285 Total other financing sources and uses $ (52,000) $ (52,000) 5 (16,715) $ 35,285 Net change in fund balances (1I,085) (I 1,085) Fund balantjes -beginning Fund balances -endlng $ -$ -$ (11,085) 5 (11.085) The accompanying notes to the financial statements are an integml part of this statement. City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual As of December 31,2007 Original Final Variance with Budget Budgeted Final Budget - Amaunts Amounts Actual Amounts Positive (Negative) REVENUES IntergovernmentalRevenues State Grant -Operating Cat-Indirect Total revenues EXPENDITURES Current: Public Safety $ 142,800 $ 142,800 $ -$ 742,800 Total Expenditures $ 142,800 S 142,800 $ -$ 142,800 Excess of revenues over expenditures (27,345) (27.345) 23,345 OTHER FINANCING SOURCES [USES) Transfers in from General Fund 5 27,345 S 27,345 $ -$ (27,345) Total other financing sources and uses $ 27,345 S 27,345 5 -$ 127,345) Net change in fund balances Fund balances -beginning Fund balances -ending The accompanying notes to the financial statements are an integral part of this statement. City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual As of Decern ber 31,2007 Original Variance with Budgeted Original & Final Final Budget - Amounts Budgeted Amounts Actual Amounts Positive (Negative) REVENUES IntergovernmentalRevenues State-Capital-Direct Grant Contributions & Donations Total revenues 681,000 5 681,000 S -f (681,000) EXPENDITURES Cap~tal Outlay Unallocaled $ 50,000 5 50,000 S -S 50,000 Community Services -Public Works 281,000 281,000 281.000 Community Development 500,000 500,OCW 500,000 Total Capital Outlay $ 831,000 S 831,000 S -S 831,000 Excess of revenues over expenditures (1 50,000) (1 50,000) 150.000 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 150,000 $ 150,000 $ -S (I50,000) Total other financing sources and uses $ 150,000 $ 150,000 S S (150,000) Net change in fund balances Fund balances -beginning Fund balances -ending The accompanying notes to the financial statements are an Integral part of this statement. PROCUREMENT STATUS To: The Honorable Mayor and City Councilmembers From: Stacey lnglis, Finance Manager Date: 1/17/2008 Re: Procurement Status Attached are two lists, one indicating purchase orders issued for the months of October 2007 to December 2007' and the other intended to provide information regarding all bids and requests for proposallquote. If you have any questions regarding the procurement status updates or wauld like additional information, please do not hesitate to contact either myself or Kyle Jones, Budget Coordinator. Thank you. Attachment PURCHASE ORDER S gse Orders lesued $5, lctober 2007 -Decemt Management Data Systems Business Information Systems Brannen Motor Company K-9 Concepts Law Enforcement Supply Motorola Command Uniform Company Smyrna Police Distributors Milton Tlre and Auto Munlclpal Emergency Sawices Technical Innovation Annual Software Support and Upgrades Digihal Recorder Publ~cSafety Vehicles Purchase of K-9 Speed Detection Devices Mobile and Forfable Radios Pol~ce Depafiment Uniforms Shotguns Vehicle Maintenance Fire Department Station Uniforms Digital Recorder Publlc Safety City Clerk ICourts Public Safety Public Safety Public Safety Publlc Safety Public Safety Public Safely Public Safety Public Safety City Clerk I Courts Sole Source Sole Source State Contract Sole Source 3 Written Quotes State Contract 3 Written Quotes 3 Written Quotes 3 Written Quotes Independence, MO Sole Source Completed Canceled Completed Completed Completed BID AND REQUEST FOR PROPOSAUQUOTE! October 2007 -December 2007 BID # RFP# RFQ# DEPARTMENT DESCRlPTlON CLOSING DATE AWARD DATE AWARD P.O. ISSUED There are currently no Bids I RFPs for Fiscal Year 2008. CAPITAL PROJECT REPORT Memo Tor The Honorable Mayor and City Council members Fm: Staceylnglis Date: 1/17/2008 Re: Capital Project Status Attached is a status report for each active capital proje funded by a City of Milton appropriation. The repart includes the project description, project budget, encumbrances and actual expenditures-to-date. If you have any financ~al questions regarding these projects, please do not hesitate to contact either myself or Kyle Jones, Budget Coordinator. Thank you. Attachment CITY OF MILTON CAPITAL PROJECT UPDATE As Of 12/3112007 PRO. INDITUFNA1 COMMUNITY SERVICES -REC & PARKS Parks Master Plan $ 30,000 $ $ $ 30,000 V V It 4 d O O O CD 4 O a) Q Lf) 0) to Nr N oma,, C%l p c07 � M r! C5 0 K W N z z Qa WQ xm o co LU U Z Q m U Z W V7 Vl VF N LU F N N _ Z Q N co co o�N LU J W T- F 0 N Z ❑ cr. W raa x ~ J H U � Q W u! epi ur-e es {"� M m O b O Cl cli N d CQ N b co m M in z OQ W cm 4 N b r M O� cm7 of LO of rvD ❑ N F - Q a F- ❑ z w a o , cn LU w m U C N .-. N ~CL CO q ro y C_ � `m a W E ° Z p c O v :� c 2 v C)O ❑ J N o aJi v_ c L7 a d A C] D Q Z Q E orn m Z y ? o F w a @ lb O 0Y CL N ❑ L N = F V J L) d n E ha- _ m F T v L7 U D 2 CITY OF MILTON OPERATING GRANTS UPDATE As Of 1213112007 - EXPE ENCl REMAIN11 BAMNC - COMMUNITY DEVELOPMENT Legislative -Crabapple Update $ 19,000 $ -$ -$ 19,000 Total -Community Development -$-19,000 TOTAL OPERATING GMNTS $ 19,000 $ -$ -$ 19,000 CITY OF MILTON CAPITAL GRANT PROJECT UPDATE As Of 1213112007 APPF IONS JRES Total -F TOTAL CAPITAL GRANTS $ 272,892 $ 55,000 $ The Minutes will be provided electronically. -c City of Milton 13000 Deerfield Parkway, Suite j07,Milton, Georgia 30004 .- CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 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 DATE: Thursday, January 24,2008Regular Meeting BACKGROUND INFORMATION: (Attach additional pages ~fnecessaryl See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: FA YES 0 No CITY AJTORNEY REViEW REQUERED: 114" 13 No APPROVAL BY ClWATTORNEY PPRO VED (1 NOTAPPROVED PLACED ON AGENDA FOR: 0 2+0 & REMARKS: 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 BE IT ORDAINED by the City Council of the City of Milton, GA while in a Regular called Council meeting on January 24, 2008 at 7:00 p.m. as follows: 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 28th day of January 2008. Approved: _____________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) 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 Wednesday or 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 % City of MiRon 13GQO Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17, 2008 FROM: Interim City Manager AGENDA ITEM: Approval of a Resolution Amending Resolution No. 08-01-01, a Resolution Appointing Members to the City of Milton Design Review Board. (Deferred on January PO,2008) MEETING DATE: Thursday, Janolaryl24,2008 Regular Meeting BACKGROUND ENFORMA TION: (Attach additional pages /f necessaty) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 11 YES b4~0 CITY ATTORNEY REVIEW REQUIRED: (I YES NNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ONAGENDA FOR: O\ q 88 REMARKS: STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-___ A RESOLUTION AMENDING RESOLUTION NO. 08-01-01, A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON DESIGN REVIEW BOARD BY ADDING BOARD MEMBER VINCE PISANO FOR DISTRICT 4 AND BOARD MEMBER DARRYL JAN PORTER FOR DISTRICT 6 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 24. 2008 at 7:00 p.m. as follows: SECTION 1. That Kathi Cook (District 2) was reappointed for a four (4) year term commencing on January 8, 2008 and ending on December 31, 2011; SECTION 2. That Vince Pisano (District 4) and Darryl Jan Porter (District 6) are hereby appointed for a four (4) year term commencing January 24, 2008 and ending December 31, 2011 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 24th day of January 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Jeanette R. Marchiafava, City Clerk (Seal) A/U City of Milton 13000 Deerfiefd Parkway, Suite 707, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: Approval of a Resolution Amending Resolution No. 08-01-07, a Resolution Appointing Members to the City of Milton Construction Board of Adjustment and Appeals. MEETI'NG PATE: Thursday, Sanuaty 24,2008Regular Meeting BACKGROUND INFORMA TlON: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED ($NOT APPROVED CITY ATTORNEY APPRO VAL REQUIRED: (/ YES dQ NO CITY ATTORNEY REVEEW REQUIRED: ()YES RNO APPROVAL BY CITYATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 01 REMARKS: STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-___ A RESOLUTION AMENDING RESOLUTION NO. 08-01-07, A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS BY APPOINTING BOARD MEMBER _- _____DISTRICT 4 AND BOARD MEMBER _____- DISTRICT 6 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January ____, 2008 at 7:00 p.m. as follows: SECTION 1. That (To Be Determined) (District 4) and (To Be Determined) (District 6) are hereby appointed for a term commencing ______and ending December 31, 2011 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this ____ day of January, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ Jeanette R. Marchiafava, City Clerk (Seal) CityofMilton 13000 Deerfield Pahay, Suite 107, MFlton, Georgia 30004 GIN COUNCIL AGENDA ITEM TO: City Council DATE: January 17, 2008 FROM: Interim City Manager AGENDA ITEM: Appmvd of n Resolution Amending Resolution No. 08-0 1-04, a Resolution Appointing Members to the City of Milton Board of Ethics. MEETING DATE: Thursday, Januav 24,2008Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages ,f necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED I) NOT APPROVED \ ClTYA77ORNEY APPROVAL REQUIRED: (!YES CITY ATTORNEY REVIEW REQUIRED: 13 YES r(, "0 APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOT APPROVED PLACED ON AGENDA FOR: O\ q og REMARKS: STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-__ A RESOLUTION AMENDING RESOLUTION NO. 08-01-04, A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ETHICS BY REAPPOINTING MEMBERS FOR DISTRICTS 1 (SUSAN CAMPBELL), 3 (CLINT JOHNSON), 5 (TODD ASHLEY), MAYOR’S NOMINATION (CAROL LANE) AND APPOINTING BOARD MEMBER CAROL COOKERLY FOR DISTRICT 4 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 24, 2008 at 7:00 pm. as follows: SECTION 1 That Susan Campbell (District 1) and Clint Johnson (District 3) and Todd Ashley (District 5) and Carol M. Lane (Mayor Nomination) are hereby reappointed for a term commencing January 24, 2008 and ending on December 31, 2009 and, SECTION 2. That Carol Cookerly (District 4) is hereby appointed for a four (4) year term commencing January 24, 2008 and ending on December 31, 2011. SECTION 3. Joe Whitley (District 2) was reappointed for a four (4) year term commencing on January 10, 2008 and ending on December 31, 2011; and Howard Drobes (District 6) was appointed to a four (4) year term commencing on January 10, 2008 and ending on December 31, 2011; and, SECTION 4. Board members shall serve terms consistent with the term of the elected official who nominated them to the board. A member shall hold office until a successor is appointed by the Mayor and City Council. SECTION 5. That this Resolution shall become effective upon its adoption. RESOLVED this 24th day of January 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) GIN COUNCIL AGENDA ITEM TO: City Council PATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: Approval of a Resolution Amending Resolution No. 07-03-24, a Resolution Appointing Members to the City of Milton Bike & Pedestrian Path Committee. (Deferred on January 10, 2008) MEETING DATE: Thursday, Januaty 24,2008Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: CITY ATTORNEY APPROVAL REQUIRED: CITY ATORNEY REVIEW REQWRED: () YES (1 YES () NOT APPROVED p(N0 ~QNO APPROVAL BY CITY ATTORNEY ()APPROVED (J NOTAPPROVED PLACED ONAGENDA FOR: q 0% REMARKS: STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-___ A RESOLUTION AMENDING RESOLUTION NO. 07-03-24, APPOINTING MEMBERS TO THE CITY OF MILTON BIKE AND PEDESTRIAN PATH COMMITTEE BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 24, 2008 at 7:00 p.m. as follows: SECTION 1. That the Mayor, City Council, and Georgia State Representative Jan Jones nominated individuals to serve on the Bike and Pedestrian Path Committee; and SECTION 2. That the nominees for the committee are as follows: Brian Maloney and Craig Warner shall be appointed by Georgia State Representative Jan Jones, Bill Shellhorn shall be appointed by Mayor Joe Lockwood, Mike Moss shall be appointed by Councilmember Karen Thurman, David Deutsch shall be appointed by Councilmember Julie Zahner Bailey, Suzanne Cassada shall be appointed by Councilmember Bill Lusk, Travis Allen shall be appointed by Councilmember D’Aversa and SECTION 3. _________shall be appointed by Councilmember Burt Hewitt, and Lisa Cherry shall be appointed by Councilmember Alan Tart; and SECTION 4. That all nominees shall serve a term commensurate with the need of the committee; and SECTION 5. That this Resolution shall become effective upon its adoption; SECTION 6. That resolutions in conflict with this resolution are hereby repealed. RESOLVED this 24th day of January 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) A < City of Milton 13M)O Dewfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: Approval of Appointments to the City of Milton Comprehensive Plan Advisory Committee. MEETING DATE: Thursday, January 24,2008 Regular Meeting BACKGKOUND lNFORMA TION: (Attach additional pages rf necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES RNO CITY ATTORNEY REVIEW REQUSRED: 0 YES RNO APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOT APPROVED PLACEDONAGENDAFOR: 01 zq REMARKS: STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-___ A RESOLUTION AMENDING RESOLUTION NO. 08-01-05, A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON COMPREHENSIVE PLAN ADVISORY COMMITTEE BY APPOINTING BOARD MEMBER TIM ENLOE FOR DISTRICT 4 AND LYNN GREGORY FOR DISTRICT 6 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 24, 2008 at 7:00 pm. as follows: SECTION 1. That Tim Enloe (District 4) and Lynn Gregory (District 6) are hereby appointed for a term commencing January 24, 2008 and ending on December 31, 2011 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 24th day of January, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) c~ City of Milton 13000 DcMield ParkwayYSuite 107. Milton, Georgia 30004 ClTY COUNCIL AGENDA ITEM f 0: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: Approval of a Resolution Adopting the City of Milton City Council Meeting Schedule for Regular Meetings and Work Sessions. MEETING DATE: Thursday, January 24,2008Regular Meeting BACKGROUND INFORMATION: (Atfach additional pages ~f necessary) See attached memorandum APPROVAL BY CITY MANAGER: pOL~~~~ov~~I) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (1 YES NO CITY ATTORNEY REVlEW REQUIRED: (I YES b4.0 APPROVAL BY CITY ATTORNEY I) APPROVED (1 NOTAPPROVED COUNCIL MEETING DEADLINES AND COUNCIL AND WORKSHOP MEETING DATES (January through December, 2008) STAFF SUBMITTAL TO CITY MANAGER & CITY CLERK OFFICE FOR REVIEW BY 12:00 (12 BUSINESS DAYS ) LEGAL & CITY MANAGER REVIEW (9 BUSINESS DAYS) COORDINATION OF REVIEW EFFORTS & DOCUMENT CHANGES (8 BUSINESS DAYS) FINAL PREP OF PACKET 8:00 AM TO 2:00 PM (7 BUSINESS DAYS) DISTRIBUTION TO CITY COUNCIL – 2:00 PM (7 BUSINESS DAYS) POST AGENDA (3 BUSINESS DAYS) COUNCIL MEETINGS WORK SESSIONS Dec. 14, 2007 Dec. 19, 2007 Dec. 20, 2007 Dec. 21, 2007 Dec. 21, 2007 Dec. 28, 2007 January 10, 2008 Dec. 21, 2008 Dec. 27, 2007 Dec. 28, 2007 Dec. 31, 2007 Dec. 31, 2007 January 7, 2008 January 17, 2008 Dec. 31, 2007 January 4, 2008 January 7, 2008 January 8, 2008 January 8, 2008 January 14, 2008 January 24, 2008 January 16, 2008 January 22, 2008 January 23, 2008 January 24, 2008 January 24, 2008 January 30, 2008 Feb. 4, 2008 January 24, 2008 January 29, 2008 January 30, 2008 January 31, 2008 January 31, 2008 February 6, 2008 Feb. 11, 2008 January 31, 2008 February 5, 2008 Feb. 6, 2008 February 7, 2008 February 7, 2008 February 13, 2008 Feb. 20, 2008 February 13, 2008 February 19, 2008 Feb. 20, 2008 February 21, 2008 February 21, 2008 February 27, 2008 March 3, 2008 February 21, 2008 February 26, 2008 February 27, 2008 February 28, 2008 February 28, 2008 March 5, 2008 March 10, 2008 February 28, 2008 March 4, 2008 March 5, 2008 March 6, 2008 March 6, 2008 March 12, 2008 March 17, 2008 March 27, 2008 April 1, 2008 April 2, 2008 April 3, 2008 April 3, 2008 April 9, 2008 April 14, 2008 April 3, 2008 April 8, 2008 April 9, 2008 April 10, 2008 April 10, 2008 April 16, 2008 April 21, 2008 April 10, 2008 April 15, 2008 April 16, 2008 April 17, 2008 April 17, 2008 April 23, 2008 April 28, 2008 April 17, 2008 April 22, 2008 April 23, 2008 April 24, 2008 April 24, 2008 April 30, 2008 May 5, 2008 April 24, 2008 April 29, 2008 April 30, 2008 May 1, 2008 May 1, 2008 May 7, 2008 May 12, 2008 May 1, 2008 May 6, 2008 May 7, 2008 May 8, 2008 May 8, 2008 May 14, 2008 May 19, 2008 May 14, 2008 May 19, 2008 May 20, 2008 May 21, 2008 May 21, 2008 May 28, 2008 June 2, 2008 May 21, 2008 May 27, 2008 May 28, 2008 May 29, 2008 May 29, 2008 June 4, 2008 June 9, 2008 May 29, 2008 June 3, 2008 June 4, 2008 June 5, 2008 June 5, 2008 June 11, 2008 June 16, 2008 June 19, 2008 June 24, 2008 June 25, 2008 June 26, 2008 June 26, 2008 July 2, 2008 July 7, 2008 June 26, 2008 July 1, 2008 July 2, 2008 July 3, 2008 July 3, 2008 July 9, 2008 July 14, 2008 July 3, 2008 July 8, 2008 July 9, 2008 July 10, 2008 July 10, 2008 July 16, 2008 July 21, 2008 July 17, 2008 July 22, 2008 July 23, 2008 July 24, 2008 July 24, 2008 July 30, 2008 August 4, 2008 July 24, 2008 July 29, 2008 July 30, 2008 July 31, 2008 July 31, 2008 August 6, 2008 August 11, 2008 July 31, 2008 August 5, 2008 August 6, 2008 August 7, 2008 August 7, 2008 August 13, 2008 August 18, 2008 August 14, 2008 August 19, 2008 August 20, 2008 August 21, 2008 August 21, 2008 August 27, 2008 Sept. 3, 2008 August 21, 2008 August 26, 2008 August 27, 2008 August 28, 20008 August 28, 2008 Sept. 3, 2008 Sept. 8, 2008 August 28, 2008 Sept. 2, 2008 Sept. 3, 2008 Sept. 4, 2008 Sept. 4, 2008 Sept. 10, 2008 Sept. 15, 2008 September 18, 2008 Sept. 23, 2008 Sept. 24, 2008 Sept. 25, 2008 Sept. 25, 2008 October 1, 2008 October 6, 2008 September 25, 2008 Sept. 30, 2008 October 1, 2008 October 2, 2008 October 2, 2008 October 8, 2008 Oct. 13, 2008 October 2, 2008 October 7, 2008 October 8, 2008 October 9, 2008 October 9, 2008 October 15, 2008 October 20, 2008 October 16, 2008 October 21, 2008 October 22, 2008 October 23, 2008 October 23, 2008 October 29, 2008 Nov. 3, 2008 October 23, 2008 October 28, 2008 October 29, 2008 October 30, 2008 October 30, 2008 Nov. 5, 2008 Nov. 10, 2008 October 30, 2008 Nov. 4, 2008 Nov. 5, 2008 Nov. 6, 2008 Nov. 6, 2008 Nov. 12, 2008 Nov. 17, 2008 November 11, 2008 Nov. 14, 2008 Nov. 17, 2008 Nov. 18, 2008 Nov. 18, 2008 Nov. 24, 2008 Dec. 1, 2008 November 18, 2008 Nov. 21, 2008 Nov. 24, 2008 Nov. 25, 2008 Nov. 25, 2008 Dec. 3, 2008 Dec. 8, 2008 Nov. 25, 2008 Dec. 2, 2008 Dec. 3, 2008 Dec. 4, 2008 Dec. 4, 2008 Dec. 10, 2008 Dec. 15, 2008 _____________________________ RESOLUTION NO. 08-01- A RESOLUTION ADOPTING THE CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 24th day of January, 2008 at 7:00 pm: SECTION 1. That the schedule for City Council Meeting Deadlines and Council and Work Session Meeting Dates is hereby approved as attached; SECTION 2. That resolutions in conflict with this resolution are hereby repealed. SECTION 3. That this approval be effective January 24, 2008. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 24th day of January, 2008. Approved: __________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk 4 CityofMilton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: Approval of a Resolution Adopting the City of Milton Zoning and Use Permit Schedule, Zoning Modification Schedule, Board of Zoning Appeals Schedule, and the City of MiIton Design Review Board Schedule. MEETING DATE: Thursday, January 24,2008Regular Meeting BACKGROUND INFORMA TION: (Attach adddsonal pages rf necessary) See attached memorandum APPROVAL BY CITY MANAGER: (fi APPROVED () NOT APPROVED CITY ArrORNEY APPROVAL REQUIRED: ()YES NNO CITY ATTORNEY REViEW REQUIRED: ()YES )()NO APPROVAL BY CITY ATTORNEY () APPROVED (1 NOTAPPROVED City of Milton 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Community Development Director Date: January 16, 2008 for Submission onto the January 24, 2008 Mayor and City Council Meeting Agenda Item: Resolution to adopt the 2008 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. CMO (City Manager’s Office) Recommendation: To approve the attached resolution to adopt the following: 2008 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. Background: To ensure that all the boards and commissions related to Community Development meet regularly throughout the year, new schedules need to be approved by the Mayor and City Council. Discussion: The approval of these schedules allows staff to plan and prepare for reports and recommendations that goes to each Boards or Commissions. In addition the schedules are posted so that applicants can submit their applications at the correct time. Lastly, the general public can plan to attend meetings as they deem necessary. Alternatives: There are no reasonable alternatives to this resolution. Concurrent Review: Chris Lagerbloom, Interim City Manager _____________________________ STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08- 01- A RESOLUTION ADOPTING THE CITY OF MILTON ZONING AND USE PERMIT SCHEDULE, ZONING MODIFICATION SCHEDULE, BOARD OF ZONING APPEALS SCHEDULE AND THE CITY OF MILTON DESIGN REVIEW BOARD SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 24th day of January, 2008 at 7:00 pm: SECTION 1. That the Zoning and Use Permit Schedule is hereby approved as attached; SECTION 2. That the Zoning Modification Schedule is hereby approved as attached; SECTION 3. That the Board of Zoning Appeals Schedule is hereby approved as attached; SECTION 4. That the Design Review Board Schedule is hereby approved as attached; SECTION 5. That resolutions in conflict with this resolution are hereby repealed. SECTION 6. That this approval be effective January 24, 2008. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 24th day of January, 2008. Approved: __________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk MEETING SCHEDULE CITY COUNCIL MEETINGS – 6:00 p.m. 1st MONDAY 3RD MONDAY (ZONING) DESIGN REVIEW BOARD – 6:00 p.m. 1st Tuesday PLANNING COMMISSION – 7:00 p.m. 4TH TUESDAY BZA - 7:00 p.m. 3RD TUESDAY CZIM – 7 p.m. 4TH WEDNESDAY 2008 City of Milton Zoning and Use Permit Schedule Application Filing Deadline Community Zoning Information Meeting (CZIM) 7:00pm Design Review Board (DRB) Meeting 6:00pm Planning Commission Meeting 7:00pm Milton City Council 6:00pm 01/08/08 01/23/08 2/05/08 02/26/08 03/17/08 02/05/08 02/27/08 3/04/08 3/25/08 04/21/08 03/04/08 3/26/08 4/01/08 04/22/08 05/19/08 04/03/07 04/23/08 5/06/08 05/27/08 06/16/08 05/06/08 05/28/08 6/03/08 06/24/08 07/21/08 06/03/08 06/25/08 7/01/08 07/22/08 08/18/08 07/01/08 07/23/08 8/05/08 08/26/08 09/15/08 08/02/08 08/27/08 9/02/08 09/23/08 10/20/08 09/02/08 09/24/08 10/07/08 10/28/08 11/17/08 10/06/07 10/22/08 11/04/08 11/25/08 12/15/08 11/04/08 11/26/08 12/02/08 12/23/08 01/19/09 12/02/08 12/17/08 1/06/09 01/27/09 02/16/09 2008 City of Milton Board of Zoning Appeals Schedule Application Filing Deadline Board of Zoning Appeals Meeting 1/08/08 02/19/08 2/05/08 03/18/08 3/04/08 04/15/08 4/06/08 05/20/08 5/06/08 06/17/08 6/03/08 07/15/08 7/01/08 08/19/08 8/02/08 09/16/08 9/02/08 10/21/08 10/07/08 11/18/08 11/04/08 12/16/08 12/02/08 01/15/09 2008 City of Milton Zoning Modification Schedule (CITY COUNCIL AGENDA) 6:00 p.m. Application Filing Deadline Milton City Council 1/08/08 TBD 2/12/08 03/17/08 3/11/08 04/21/08 4/08/08 05/19/08 5/13/08 06/16/08 6/10/08 07/21/08 7/08/08 08/18/08 8/12/08 09/15/08 9/09/08 10/20/08 10/14/08 11/17/08 11/11/08 12/15/08 12/09/08 01/19/09 2008 City of Milton Design Review Board (DRB) Schedule Application Filing Deadline Design Review Board Meeting 12/20/08 1/08/08 1/15/08 2/05/08 02/19/08 3/04/08 03/18/08 4/01/08 04/15/08 5/06/08 05/20/08 6/03/08 06/17/08 7/01/08 07/15/08 8/05/08 08/19/08 9/02/08 09/16/08 10/07/08 10/21/08 11/04/08 11/18/08 12/02/08 12/16/08 1/06/09 q CityotMiRon 13000 Deerfield Paikway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: Approval of a Resolution to Authorize the Mayor and City Council to approve the submission of a Grant Application to the US Bureau of Justice Assistance Bullet Proof Vest Partnership Program. MEETING DATE: Thursday, January 24,2008 Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (,INOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: # YES ()NO ClTYATTORNEY REVIEW REQUIRED: 4" 0 NO APPROVAL BY CITY ATTORNEY (1 APPROVED (1 NOTAPPROVED PLACEDONAGENDAFOR: 01 24 0% REMARKS: City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Charles Millican, Interim Director of Public Safety Date: January 24, 2008 Agenda Item: Approval of a grant application to the US Bureau of Justice Assistance for participation in the Bullet Proof Vest Partnership Grant program CMO (City Manager’s Office) Recommendation: Adopt the attached resolution approving the submission to the Bureau of Justice Assistance for the Bullet Proof Vest Partnership authorizing the request for funding to reimburse the City for up to half of the cost of the purchase of a bullet resistant vest for Milton Police officers and authorizing the Mayor or his designee to execute all required grant documents should the grant be awarded. Background: The Bureau of Justice Assistance is a US agency that provides financial assistance to local law enforcement. The Bullet Proof Vest Partnership is a program to ensure that police officers have the best protection available during the course of their duties. This program is intended to reimburse police agencies for up to half of the purchase price of a bullet resistant vest. Discussion: One of the most important pieces of equipment issued to a police officer is his or her bullet resistant vest. The vest is one of the biggest factors in preventing line-of-duty deaths among police officers and will therefore significantly improve the safety of MDPS employees as they serve the citizens of Milton. Provision of this item by the employing agency is standard police practice, and therefore the City provides vests to our officers upon employment (the item is custom fitted) and may have to periodically replace them as wear or damage dictate. This grant is intended to assist agencies in the purchase of this crucial item with the end of reducing officer injury and fatality as a result of felonious assault. The grant provides after-the-fact reimbursement for bullet resistant vests already purchased by the agency up to half of the cost of the purchase price. Funding and Fiscal Impact: The fiscal impact upon the City is entirely positive. We will purchase vests as a part of the regular course of operations anyway. This grant will allow us to recoup some of the cost that has already been allocated as part of the standard police equipment budget. Therefore, we may hereby recover half of the $599.00 per vest purchased if awarded the grant. Alternatives: 1 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 The Department is currently buying the vests entirely out of the municipal budget. We may continue to budget for the item and purchase it without the prospect of reimbursement. Concurrent Review: Charles Millican, Interim Public Safety Director 2 ___________________________ STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-__ A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE US BUREAU OF JUSTICE ASSISTANCE BULLET PROOF VEST PARTNERSHIP PROGRAM BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 24, 2008 at 7:00 pm. as follows: WHEREAS, the US Bureau of Justice Assistance makes available a grant to provide assistance in the purchase of bulletproof vests for law enforcement officers under the Bullet Proof Vest Partnership; and WHEREAS, the safety of our police officers and, thereby, the security of the Citizens of Milton are dependant upon the proper provisioning of its law enforcement personnel, including the issuance of bulletproof vests; and WHEREAS, the City of Milton may apply for funding through this program; and WHEREAS, the Bullet Proof Vest Partnership grant, if awarded, will be used to offset the expense incurred by providing this essential item to the Police Officers with the Milton Department of Public Safety and thereby enhance the services delivered by this Department to the Citizens of the City of Milton and provide the most economical and professional service possible; NOW, THEREFORE BE IT SO RESOLVED, this 17th day of January, 2008, by the Mayor and Council of the City of Milton that the submission of the Bullet Proof Vest Partnership grant application to the US Bureau of Justice Assistance is hereby approved; and if awarded the Mayor and/or his designee is hereby authorized to execute the award package provided by the US Bureau of Justice Assistance. RESOLVED this the 24th day of January, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) ;(U City of Milton 13000 Deerfield Parkway,Suite 107,Milton, Georgia 30004 CIXY COUNCIL AGENDA ITEM TO: City Council DATE: January 17, TOO8 FROM: Interim City Manager AGENDA ITEM: uo7-007/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 with the 100-foot setback near the west property line (Article 19.4.3.53.4); 2) To increase the maximum building setback from 20 feet to 250 feet for the new building (Article 12h.3.5.C.l); 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 IZH.3.1 .C.2.) MEETING DATE: Thursday, January 24,20Q8Regular Meeting BACKGROUND INFORMATION: (Attach addrtional pages ,f necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED 1) NOTAPPROVED CITY ATTORNEY APPROVAL REQUERED: ()YES )(NO CITY A rrORNEY REVIEW REQUIRED: APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 1 zq 0 0 REMARKS: PETITION NUMBER(S): U07­007 VC07­012 PROJECT NAME Canine Assistants PROPERTY INFORMATION ADDRESS 3160 Francis Road DISTRICT, LAND LOT 2/2 610, 611 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG­1 (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 770­664­7178 REPRESENTATIVE Michael Twiner, PE, Planners & Engineers Collaborative ADDRESS 350 Research Court, Norcross GA 30092 PHONE 770­451­2741 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 100­foot setback (Article 19.4.3.B.4). 2) To allow existing structures and the new building to exceed the maximum 20­foot 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 right­of –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 AG­1 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 1/24/2008 Page 1 of 33 U07­007/VC07­012 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U07­007 ­Approval Conditional VC07­012 – Part 1 ­Denial VC07­012 – Parts 2­4 Approval Conditional CITY OF MILTON PLANNING COMMISSION – 12/19/07 U07­007 ­Approval Conditional VC07­012 – Part 1 ­Denial VC07­012 – Parts 2­4 Approval Conditional 6­0 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 1/24/2008 Page 2 of 33 U07­007/VC07­012 LOCATION MAP Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 3 of 33 U07­007/VC07­012 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 4 of 33 U07­007/VC07­012 SITE PLAN – October 2, 2007 Overall Site Plan 1/24/2008 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 5 of 33 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 1/24/2008 Page 6 of 33 U07­007/VC07­012 Revised Overall Site Plan submitted December 19, 2007 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 7 of 33 U07­007/VC07­012 Revised Site Plan submitted December 19, 2007 1/24/2008 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 8 of 33 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 9 of 33 U07­007/VC07­012 Revised Site Plan Submitted January 17, 2008 (Overall Site Plan) 1/24/2008 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 10 of 33 Revised Site Plan Submitted January 17, 2008 (West Side of property) 1/24/2008 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 11 of 33 Revised Site Plan submitted January 17, 2008 (West side Landscape plan) 1/24/2008 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 12 of 33 Revised Site Plan Submitted January 17, 2008 (West Side Colored Landscape Plan) 1/24/2008 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 13 of 33 SUBJECT SITE – Looking from west to east Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 14 of 33 U07­007/VC07­012 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 1/24/2008 Page 15 of 33 U07­007/VC07­012 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 AG­1 (Agricultural) Scattered Single Family Residences 1 unit/acre 1,500 sq.ft. Further East 2 AG­1 (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 AG­1 (Agricultural) Cobblestone Farms S/D 1 unit/acre 3,000 sq.ft. Further east & Northeast 5 AG­1 (Agricutural) Champions View S/D 1 unit/acre 3,000 sq.ft. North 6 AG­1 (Agricultural) McGinnis Farms (Under Development) 1 unit/acre Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 16 of 33 U07­007/VC07­012 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 17 of 33 U07­007/VC07­012 75­foot undisturbed buffer and 10­foot improvement setback as required by the Northwest Overlay District Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 18 of 33 U07­007/VC07­012 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 agricultural­related 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 4­6 times a year. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 19 of 33 U07­007/VC07­012 E. The location and number of off­street 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 75­foot buffer and 10­foot 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 6­two 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 1/24/2008 Page 20 of 33 U07­007/VC07­012 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 U07­007. 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 20­foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights­of­way 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 right­of­way. 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 VC07­012 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 average­finished 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) foot­wide undisturbed buffer, with a 10’ improvement setback, shall be Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 21 of 33 U07­007/VC07­012 located adjacent to all AG­1 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 AG­1 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 75­foot buffer and 10­foot 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 75­foot buffer and 10­foot 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 VC07­012, 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 10­foot 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 1/24/2008 Page 22 of 33 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 23 of 33 U07­007/VC07­012 Tree #1 Tree #2 1/24/2008 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 Page 24 of 33 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 assembly area • 2000 square feet Total • 1 spaces per 35 sq. ft. of largest assembly area. (2,000) 57 spaces required • Not indicated on site plan  52 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 100­foot setback for approximately 45 feet. It appears that there is adequate space for parking outside of the 100­foot setback. In addition there are single family residences directly to the west affected by the parking area. Although there appears to be room, the applicant has indicated that in reality a total of 57 spaces are not needed as a majority of the clients are brought to the site via bus from nearby hotels. Staff notes that an administrative variance to reduce the parking spaces by 10 percent can be requested which would the number by 5 spaces to 52 spaces as indicated in the revised site plan. Therefore, Staff recommends DENIAL of Part 1 of VC07­012 to reduce the 100­foot setback from the western property line. UPDATE – January 17, 2008 regarding 100­foot setback The applicant and Cobblestone Farms met at the site on January 15, 2008. The proposed new building was staked out in its approximate location to help the neighbors see the placement of the building in relation to their properties. At the end of this report are the results of their meeting. Based on the site plans submitted to the Community Development Department on January 17, 2008, Staff notes that there is still vehicular access within the 100­ foot setback. Staff has discussed the fact that a further reduction of the parking is obtained through the Board of Zoning Appeals; there would be sufficient room to delete the western most bay of parking. The applicant has indicated there isn’t need for all the parking shown in the site plan. Since a concurrent variance to reduce the parking was not requested the number shown of parking spaces Other parking located on the remainder of the site should be screened from view of any public street by: 1) a 15­foot wide landscape strip planted to buffer standards or 2) a berm planted with a continuous hedge or evergreen shrubs. It Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 25 of 33 U07­007/VC07­012 appears there is sufficient room to provide a 15­foot 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 right­of­way. 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 100­foot setback, Staff recommends that Part 3 of VC07­012 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. 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 100­foot setback adjacent to the west property line; keep all the existing trees and plant to “buffer standards” along the west property line from the right­of­way 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 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 26 of 33 U07­007/VC07­012 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 U07­007. Furthermore, Staff recommends DENIAL of VC07­012, PART 1 and APPROVAL CONDITIONAL of VC07­012, Parts 2­4. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 27 of 33 U07­007/VC07­012 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 revised site plan received by the Milton Community Development Department on January 17, 2008. 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 20­foot 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 right­of–way as shown on the site plan. (VC07­012, Part 3) c) Provide a 75­foot buffer and 10­foot improvement setback along the west property line for a distance of 407 feet from the right­of­ way except where the existing house along the west property line encroaches. d) To delete the 75­foot buffer and 10­foot improvement setback along the northern and eastern property lines except where existing buffers exist. (VC07­012, Part 4) Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 28 of 33 U07­007/VC07­012 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 right­of­way 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 rights­of­way are being improved. b) Reserve Right­of­Way 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 Right­of­Way 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 seventy­five 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 1/24/2008 Page 29 of 33 U07­007/VC07­012 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 non­binding 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 third­party verification. Sight Distance would be certification by a Professional Engineer in a third­party 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 1/24/2008 Page 30 of 33 U07­007/VC07­012 Letter from Adjacent Cobblestone Farms Homeowners Association from December 14, 2007. Since that time the applicant and the community have met and the following notes are from a meeting held on January 15, 2008. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 31 of 33 U07­007/VC07­012 Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 32 of 33 U07­007/VC07­012 Below are notes taken from the meeting between the applicant and Cobblestone Farm. The revised site plans received by the Community Development Department on 1/17/08 was presented to at the meeting. • The chain link fence in front of the existing home is a concern -they find it unsightly. I explained that IF the Canine Assistants were NOT going to build this new structure, then the chain link fence would be exactly where it is now, and nothing would change, so technically, that's not an issue of the new development, but that I would discuss it with Jennifer to see if they could either remove the chain link fence or grow vines on it or replace it with a wooden latticework. • They'd like to see some shrubs planted along the side of the new building facing their subdivision. They are afraid the buffer won't do much to block their view of the new building. • They'd like to know more about the types of trees proposed for the buffer, their growth requirements, etc. I said that I would have my landscape architect send them some information on the trees as well as pictures of the Wax Myrtle and the Virginia Pine in particular. I also need to confirm with him that a wax myrtle is an evergreen. • They would like the dumpster relocated since the garbage truck makes a lot of noise when it comes early in the morning to collect the trash. I believe that moving the dumpster will be necessary due to the building construction and buffer replanting, but I will ask Jennifer where she plans to relocate it to. • The neighbors would like the buffer replanting to take place prior to building construction. I explained this would not be wholly possible since construction traffic could damage the newly planted trees, but perhaps some of the plantings near the property line could be done early. • They would like to know whether the shed is going to stay or will be removed. I believe it will be removed due to building placement, but I will need to check with Jennifer. • The Morgan's would like to know whether some additional plantings could be placed in front of their fence or along their property line in particular -the existing drive and carport are in the 75' buffer that abuts the Morgan's property. I said I would talk to Jennifer. If the carport is in use, we obviously can't plant in front of it, but perhaps we can add to the tree/shrub density in that area. • The biggest concerns center around the building facade and they wanted to know if they could be involved at that stage of the process. I explained that typically any conditions relating to building materials are placed on the application at this point and that once the hearings are over the public comment period is generally over, but that they could probably stay in touch with the City of Milton throughout the permit process and that conditions could be added regarding the type of materials and possible approval of building elevations by the Director, etc. I am also going to look up the architectural requirements for the City of Milton and send them those for their review. In particular, they would prefer the building look more like a "barn" than the existing training/office building next door. I said that Jennifer would definitely need to be consulted on that item. If the building cannot look like a barn, they would prefer "muted colors" for the exterior. • They are also concerned about the removal of the mulch and previously cleared landscaping and trees that are currently near the building footprint. I assured them these would be removed prior to building construction. • Finally they wanted to make sure that the portion of the variance asking for deletion of the 75' buffer and 10' setback had been taken off the table. I assured them that it had and the plans had been revised to show the 75' buffer planted where no existing structures are today. I did walk over to the building site with them where our surveyors had staked the approximate building location so they could see everything for themselves and I think reassured them on some points. Prepared by the Community Development Department for the Mayor & City Council on January 24, 2007 1/24/2008 Page 33 of 33 U07­007/VC07­012 -r City of Milton 13000 DeerfieldParkway, Suite 107, Milton, GeorgFa 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: RZ07-OZOf VC07-015 To rezone from 0-1 (O%ce-Institutional) to 0-1 (Ofice-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 20 reduce the 25-foot buffer and 10-foot improvement setback to a 5- foot landscape strip aIong the east and west property lines from the existing building for a distance of 150 feet. MEETING 'DATE: Thursday, January 24,2008 Regular Meeting BACKGROUND INFORMA TION: (Attach addrtional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: ()YES NO APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: a \ xy REMARKS: 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 1/15/2008 Page 1 of 19 RZ07-020/VC07-015 R/A RZ06-051 LOCATION MAP – RZ07-020/VC07-015 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 Page 9 of 19 RZ07-020/VC07-015 R/A RZ06-051 EXISTING USES AND ZONING MAP 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 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 1/15/2008 Page 19 of 19 RZ07-020/VC07-015 R/A RZ06-051 r City of Milton 13000 DewfieEd Parkway, Suite 107, Milton, Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2003 FROM: Interim City Manager AGENDA ITEM: 3. 855 Mayfield Road to rezone from AG-1 to MIX to develop a total of 15,000 sq.fi of medical office; 3,500 sq.ft of commerciaE; and 9 residential units. Request to reduce the 75-foot buffer and 10-foot improvement setback to a 15-foot landscape strip adjacent to AG-1 by Milton Medical Holdings, LLC c/o Jay Davis. MEETING DATE: Thursday, January 24,2008Regular Meeting BACKGROUND INFORMATION: (Attach additional pages ~fnecessary) See attached memorandum APPROVAL BY C1TY MANAGER: APPROVED () NOT APPROVED CINArrORNEY APPROVAL REQUIRED: ()YES @ CITY ATTORNEY REVIEW REQUIRED: (IYES YNO APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOT APPROVED PLACED ON AGENDA FOR: 01 24 Q 0 REMARKS: PETITION NUMBER: RZ07-005 VC07-002 PROJECT NAME Dinsmore Farm PROPERTY INFORMATION ADDRESS 855 Mayfield Road DISTRICT, LAND LOT 2/2 1134 OVERLAY DISTRICT Crabapple Crossroads EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING MIX (Mixed Use) ACRES 4.09 EXISTING USE 2 Houses, 1 Barn and 1 Small Garage PROPOSED USE 15,000 square feet of medical office within 4 new buildings; 3,500 square feet of retail commercial within 1 new building and 4 duplex residences and 1 single family residence.* OWNER Dinsmore Estate, et.al. c/o Imogene Dinsmore PETITIONER/REPRESENTATIVE Milton Medical Holdings, LLC, Jay Davis / Pete Hendricks ADDRESS P.O. Box 1270, Villa Rica, Georgia 30180 PHONE 678-859-8691 INTENT To develop 15,000 square feet of medical office within 4 buildings at an overall density of 3,667.48 square feet per acre; 3,500 square feet of retail commercial within 1 building at an overall density of 855.75 square feet per acre and 4 duplex residences and 1 single family residence at an overall density of 2.2 units per acre. The applicant is also requesting a concurrent variance to reduce the 75-foot buffer and 10-foot improvement setback to a 15-foot landscape strip along property lines adjacent to AG-1 (Agricultural). * Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 1 of 35 RZ07-005 VC07-002 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-005 – DENIAL VC07-002 – DENIAL CITY OF MILTON PLANNING COMMISSION – JUNE 26, 2007 DEFERRAL UNTIL JULY 24, 2007 PLANNING COMMISSION MEETING (The applicant requested a deferral until the July 24, 2007 Planning Commission meeting in order to make appropriate changes recommended by Staff.) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION (Based on the Revised Site Plan Submitted on 7/12/07) RZ07-005 – DENIAL VC07-002 – DENIAL CITY OF MILTON PLANNING COMMISSION – JULY 24, 2007 RZ07-005 – DENIAL (4-2) VC07-002 – DENIAL (4-2) MAYOR & CITY COUNCIL – AUGUST 16, 2007 DEFERRAL FOR 4 MONTHS TO THE DECEMBER 13, 2007 MEETING IT WAS DETERMINED THAT THE PUBLIC HEARING WOULD NEED TO BE RE-ADVERTISED TO BE HEARD AT THE JANUARY 24, 2008 COUNCIL MEETING Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 2 of 35 RZ07-005 VC07-002 LOCATION MAP Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 3 of 35 RZ07-005 VC07-002 CURRENT ZONING MAP Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 4 of 35 RZ07-005 VC07-002 Crabapple Crossroads Land Use Plan Map Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 5 of 35 RZ07-005 VC07-002 SITE PLAN – May 3, 2007 Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 6 of 35 RZ07-005 VC07-002 Revised Site Plan 7/12/07 Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 7 of 35 RZ07-005 VC07-002 Subject Site - Dinsmore Farm House (View looking south from Mayfield) Subject Site (Looking toward Charlotte Drive) Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 8 of 35 RZ07-005 VC07-002 SUBJECT SITE (Existing house to be demolished) SUBJECT SITE: The subject 4.09 acre site is zoned AG-1 (Agricultural) with an existing one story residence, two-story farm house, barn, and garage. This site is east of the Crabapple Crossroads intersection. The site is located within the Live/Work Land Use designation on the Focus Fulton 2025 Comprehensive Future Land Use Map. Within that designation the subject site is located within Village Mixed Use (1.74 acres) and Sub Village Residential A (2.35 acres) land use sub areas. Standards of Review (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? Based on the Revised Site Plan submitted on July 12, 2007, the proposed Mixed Use zoning is partially consistent with the Crabapple Crossroads Overlay District Land Use Plan which recommends that this site be developed with Village Mixed Use and Sub Residential A. However, the stated density for office, 8,620.69 square feet per acre based on 1.74 acres, is inconsistent with recent policies set by the Fulton County Board of Commissioners for office within the Village Mixed Use classification which range from 2,658 square feet per acre pursuant to 05Z- 117 northeast of the site to 3,802.56 square feet per acre pursuant to 06Z-047 Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 9 of 35 RZ07-005 VC07-002 directly across the street to the north on Mayfield Road. The proposed residential density of 3.83 units per acre is below the recommended residential density of 4 units per acre. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff’s opinion, the proposed development is more intense than recommended but will likely not have an adverse effect on the use or usability of adjacent and nearby properties if developed with the recommended conditions. The property to the east of the subject site is recommended for Village Office/Residential. Office has been approved pursuant to 06Z-074 on the north side of Mayfield Road. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site appears to have a reasonable use as currently zoned with the existing farm house and associated buildings within the AG-1 (Agricultural) district. D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services and facilities. However, some impact to the surrounding transportation system is expected. Mitigation of adverse impacts is addressed by recommended conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed mixed use development is inconsistent with some of the policies and intent of the Crabapple Crossroads Community Plan and the Focus Fulton 2025 Land Use Plan. A brief description of the project is noted below: Proposed use/density: Village Mixed Use (1.74 acres along Mayfield Road) The revised site plan submitted July 12, 2007 proposes 15,000 square feet of medical office within 4 newly constructed buildings (Buildings #1-#4) at a density of 8,620.69 square feet per acre based on 1.74 acres. The density for office is more than recent Board Policy and is below the recommended density for office per the Crabapple Crossroads Plan of 10,000 square feet per acre. The Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 10 of 35 RZ07-005 VC07-002 site plan indicates that Building 1 is partially located within the Sub Village A Sub Area. Although it is inconsistent with the Plan, it appears that by moving this building further south; the large 52” White Oak near the northeast corner can be preserved. The applicant is proposing 3,500 square feet of retail commercial in Building #5 at a density of 2,011.5 square feet per acre. This is consistent with previous Board Policy for approved retail commercial uses in the area. Staff notes that the applicant originally proposed preserving the Dinsmore Farm House which is listed on the 1996 Fulton County Historic Resources Survey. Based on the revised site plan, the Dinsmore Farm House will be removed because of extensive deterioration and the presence of lead and asbestos in the building. The applicant has stated that he is willing to replicate the home with one of the newly constructed buildings. A previous site plan submitted on July 10, 2007 was presented to the City of Milton Design Review Board on July 10, 2007. The DRB was not opposed to the demolition of the house and supported the idea of it being replicated on the site. Staff notes the request for office and retail commercial is inconsistent with the policy and intent of the Plan and past Board policy of upholding the maximum 100,000 square feet for each office and retail commercial for the Crabapple Crossroads Overlay District. Sub Village Residential A- (2.35 acres) The revised site plan proposes 4 duplexes and 1 single family residence for a total of (9) single family residences at a density of 3.83 units per acre based on the 2.35 acres within the Sub Village Residential A sub area. This is below the recommended density of 4 units per acre for Sub Village Residential A. Permitted residential uses include duplex, single family alley access, single family small lot and single family standard lot A. According to the revised site plan, indicating 4 duplex residential units and 1 single family alley access lot, it is consistent with the Crabapple Crossroads Plan. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on December 21, 2006. The proposed development is partially consistent with the following Plan Policies for the Crabapple Crossroads Community Plan which was included in the Focus Fulton 2025 Comprehensive Plan: • Increase transportation choices and improve mobility for all users. • Provide opportunities for mixed-use developments that are compatible with a village-oriented development. Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 11 of 35 RZ07-005 VC07-002 • Provide for the transition of land uses from higher to lower intensity land uses in a pattern that supports village type development. • Provide a variety of housing choices in the Crabapple Crossroads area. F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Staff notes that within the Crabapple Crossroads Community Plan, “Node Designation” was discussed in detail. This plan was approved by the Fulton County Board of Commissioners on June 4, 2003 pursuant to 2003Z-016. Previous approved Plans defined a “Neighborhood Node” as a node that: “Consist of up to 100,000 square feet of retail and service uses and office uses not to exceed 20,000 square feet per acre with a maximum of 100,000 square feet in total office uses. Minor arterials and collectors are appropriate for neighborhood commercial. Residential development in the neighborhood node should not exceed five units per acre.” Historically, the Fulton County Board of Commissioners have considered the “Neighborhood Node” (100,000 square foot cap for retail/commercial and 100,000 square foot cap for office) for Crabapple Crossroads when reviewing and deciding on zoning cases before them. Staff has compiled a chart showing the approved zonings and their approved densities which is included at the end of this report. At this point in time, the allotted total square footage of 100,000 square feet for both Commercial/Retail and Office has been filled and any additional approval of Commercial/Retail or Office would be inconsistent with the Crabapple Crossroads Community Plan and policy for the Crabapple Crossroads. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the revised site plan submitted, the applicant shows the following specimen trees to be preserved: • 52” White Oak, 50” White Oak, 36” Red Oak, 27” Red Oak. In addition, the applicant will utilize a pervious pavement system to help reduce water runoff. H. Existing uses and zoning of nearby property (See Map following table) Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 12 of 35 RZ07-005 VC07-002 Location Parcel# On Map Zoning Petition/ Name/Acreage Approved Square Feet/ Units Based on Sub Area Approved Density by Land Use Sub Area (++Exceeds Plan Density) Approved Overall Density East AG-1 (Agricultural) Scattered Single Family N/A N/A Further East R-15 (Residential) Single Family Residential N/A N/A Saint Michelle S/D Subdivision City of Alpharetta North/ Northeast 13 06Z-074/Bruce Harris 5.27 acres 20,800 sq.ft. Vil Mix (2,600 sq.ft. Already counted via 05Z-30 2 Units Vil Off/Res 4 Units Sub Vil A 0.75 u/a 3.37 u/a 3,946.87 sq.ft/acre North AG-1 (Agricultural) Scattered Single Family Residences Further 24 99Z-195 None Stated North C-1 Strawberry Fields Art Gallery Northwest 15 06Z-074 C-1 Patton / 1.61 acres 12,000 sf Vil Mix (previously approved 03Z-115 8,203 sf Vil Mix 7,453.42 sq.ft./acre 5,095.04 West 26 99Z-027 Existing Buildings with C-1 3,000 sq.ft. addition Further Northwest 23 Z86-283 Bryan & Contereas C-1 493.83 sq ft/acre Further 22 M-1 Unconditional Northwest (Manufacturing) Heart of Crabapple Further Northwest 12 05Z-117/MIX John Wieland 62.87 acres Under Develop-Ment 2,532 sf Comm in Vil Mix 36,468 sf Office In Vil Mix 14 units Vil Mix 18 units Vil Of/Res 17 units Sub Vil B 50 units Res 0-1 1.61 u/a 7.01 u/a++ 6.35 u/a++ 1.09 u/a ++ 40.28 f/acre 580.06 sf/acre Further 25 C-1 Unconditional Northwest Gas Station Further West 9 05Z-070/MIX Crabapple Crossroads 11.98 acres Under Develop- Ment 20,000 sf Comm. In Vil Mix 20,000 sf Office In Vil Mix 39 units Vil Mix 5 units Vil Off 3 units Sub Vil B 2 units Rural Res 5 u/a 5 u/a 1.62 u/a 2.55 u/a (extra Unit approved for historic house saved) 1,669.45 Sf/acre 1,669.45 sf/acre Further 21 C-1, AG-1 West City of Alpharetta Government Center Further Southwest 14 06Z-74/C-1 Crabapple 12,000 sf Comm in Vil Mix (Previously 7,453.42 sf/acre 5,095.04 sf/acre Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 13 of 35 RZ07-005 VC07-002 Crossing Approved 03Z-115) 8,203 sf Office Vil Mix Further Southwest 1 03Z-115/MIX Crabapple Crossing (Under Development) 12,000 sf Comm in Vil Mix 31 units Vil Of/Res 16 units Sub Vil B 4.9 u/a 2.5 u/a 347.87 sf/acre Further 4 04Z-134 1,500 sq. ft. Vil Mix 1,153.85 sq.ft./ 1,153.85 sq.ft. / Southwest C-1 acre acre Further Southwest 5 04Z-136 C-1 Interior Decoration 2,500 sq.ft. Vil Mix 4,901.06 sq.ft./acre 4,901.06 sq.ft./acre West 11 05Z-110 Larry Davenport MIX 2.10 acres 8,000 sq.ft. Vil Mix 6,300 sq.ft. Vil Off Southwest 10 05Z-072 Sally Rich Kolb 1.36 acres 12,800 sq.ft. Vil Mix (1.36 acres) 9,500 sq.ft. counted 6,985.29 9,411.76 sq.ft./acre sq.ft/acre 12,800 sf-1,800 existing- 1,450 sf bonus for saving historic house South 3 03Z-146 Crabapple Tea Room 800 sq. ft. Mix Use 536.92 sq.ft/acre 536.92 sq.ft./acre EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 14 of 35 RZ07-005 VC07-002 I. Suitability of the subject property under the existing zoning district for the proposed use? The proposed use cannot be developed under the AG-1 (Agricultural) district. The applicant is requesting a higher density of residential as well as office and commercial uses that are not permitted under AG-1. J. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed use is suitable for the proposed zoning district of MIX (Mixed Use).This zoning district allows for a mix of uses as proposed for various types of residential, office and commercial/retail development. K. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning to MIX (Mixed Use) would not create an isolated district. There is MIX (Mixed Use) to the north of the development and Commercial/Retail further to the west and southwest. L. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? Staff is of the opinion that the change of the zoning district and the change in use may have an adverse effect on the character of the existing zoning district or existing overlay district as currently proposed. Allowing the development to have more square footage than existing Board Policy creates more intensity of development which thwarts the objective of the overall Crabapple Crossroads Plan. Positive results would occur if it is developed with the alternate conditions that allow only residential development at the recommended densities of the Crabapple Crossroads Plan. Development consistent with the plan would solidify the character of the area. M. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? Staff is of the opinion that the change in the zoning may not be a deterrent to the value of adjacent properties developed or anticipated to be developed under existing regulations N. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 15 of 35 RZ07-005 VC07-002 This property, if developed under the proposed zoning district, must conform to the current Chapter 14 of the Milton City Code regarding Land Development including Soil and Erosion Control and Flood Damage Prevention. The applicant has not indicated the percentage of open space for this petition. Based on the site plan submitted the proposal appears to meet the 10 percent open space as required by the Crabapple Crossroads Community Plan. O. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. The proposed rezoning as submitted is consistent with the overall Crabapple Crossroads Land Use Plan for the area except the portion of the office use within the Sub Village Residential A which does not fulfill the purpose of the Crabapple Crossroads Land Use Plan. P. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. The proposed zoning indicates the non-residential uses toward Mayfield and utilizes the residential component as a transition for residential to the south. This is consistent with the transition to residential uses going south and non-residential to the west and the east as shown on the Crabapple Crossroads Plan Map. Q. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. The existing approved zonings and land use classifications surrounding the subject site are similar to the proposed rezoning. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on July 12, 2007, Staff offers the following considerations: Crabapple Crossroads Overlay District BUILDING SETBACKS Article 12H(1)4 Section B.1.c of the Crabapple Crossroads Overlay District requires a maximum building setback along Mayfield Road between 0 to 10 feet maximum and Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 16 of 35 RZ07-005 VC07-002 requires between 10 to 20 feet maximum along Charlotte Drive. The applicant’s site plan shows compliance with the requirement. BUILDING HEIGHT Article 12H.3.5.D.1. of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant’s letter of intent does not address the height of the newly constructed buildings. LANDSCAPE STRIPS AND BUFFERS Article 12H.(1).4.B.1.a. requires an 8-foot minimum landscape strip along Mayfield Road and a 7-foot minimum landscape strip along Charlotte Drive. The site plan appears to be compliant with these requirements. Article 12H.3.1.C.2 of the Northwest Fulton Overlay District requires a 75-foot undisturbed buffer and 10-foot improvement setback along the south property line adjacent to AG-1, and the western property lines adjacent to AG-1. The applicant is requesting relief from the requirement as follows: Reduce the 75-foot undisturbed buffer and 10-foot improvement setback adjacent to AG-1 (Agricultural) zoned property to a 15-foot landscape strip. The proposed office and retail is inconsistent with the Crabapple Overlay District Plan and recent Board policy of limiting office and retail to 100,000 square foot cap for office and retail. Therefore, Staff recommends DENIAL of the concurrent variance. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided Medical Office 4 spaces per 1,000 sq. ft. of (15,000 sq.ft.) building area (60 spaces) Retail Commercial 5 spaces per 1,000 sq. ft. of (3,500 sq.ft.) Building area (18 spaces) Total 78 spaces required 76 spaces provided The site plan shows a total of 76 spaces on the site. Per the Zoning Ordinance, 78 spaces are required which is 2 more than provided. The applicant may request an Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 17 of 35 RZ07-005 VC07-002 administrative variance for a 10 percent reduction in parking which would bring the development in compliance. Staff notes that the plan does not indicate a 10-foot parking island for every 6th parking space. In addition it does not indicate the required 10 foot landscape island at the end of each parking bay. It appears there will be adequate space as well as providing areas for existing trees to have the needed pervious area for their root systems. MINIMUMM LOT SIZE The applicant has proposed a total of 9 residential units as follows: Sub Area Number and Type Minimum Lot Size Sub Village Residential A 8 duplexes within 4 N/A buildings Sub Village Residential A 1 single family alley Up to 4,800 square feet access residential The applicant’s request is consistent with Article 12H(1).6.B.1. The site plan is consistent with the recommended housing types for Sub Village A. MINIMUM HEATED FLOOR AREA The applicant is requesting the following minimum heated floor areas: • Duplexes – 1,800 square feet • Single Family Residential – 3,000 square feet The applicant’s request is consistent with recent approvals in the area. DEVELOPMENT STANDARDS The applicant is requesting the development standards as follows: Buildings A-H: Duplexes Building I: Single family alley access The applicant has not indicated any specific setbacks for the two types of residential development. The duplexes and single family alley access unit must conform to the following Crabapple Crossroads Overlay District for Required Building Setbacks and Frontage: Lot Size: Up to 4,800 square feet Minimum Lot Frontage: 20 feet Maximum Front Yard Setback: 10 feet Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 18 of 35 RZ07-005 VC07-002 Minimum Side Yard Setback: 5 feet Minimum Rear Yard Setback: 5 feet Medical Office Buildings and Commercial Retail – Village Mixed Use Per the revised site plan submitted July 12, 2007: Building #1 Medical Office: 5,000 square feet Building #2 Medical Office: 3,000 square feet Building #3 Medical Office: 3,000 square feet Building #4 Medical Office: 4,000 square feet Building #5 Retail Commercial 3,500 square feet The site plan indicates four (4) medical office buildings that are a maximum of 5,000 square feet in size. As noted previously, the applicant will not be keeping the Dinsmore House but is willing to replicate it on the site. If approved, the conditions will reflect the 4 buildings with a total of 15,000 square feet and 1 building with 3,500 square feet for retail commercial. The Crabapple Crossroads Overlay District does not address size of buildings, but in the Crabapple Crossroads Plan states that building size and setback should conform to the Northwest Fulton Overlay District standards. Non-institutional buildings shall be no larger than 25,000 square feet and buildings within 400 feet of an intersection shall have a 20-foot separation from one another. It appears that the proposed site plan conforms to these standards. OTHER CONSIDERATIONS The revised site plan shows a new road along the south property that allows for future inter-connectivity with Mid Broadwell Road. Staff notes that the proposed road is only 25 feet and the minimum right of way width required to develop this road is 50 feet. The environmental Site Analysis Report (ESA) is sufficient and satisfies the requirement of the City of Milton Zoning Ordinance. The site plan appears to exceed the 10 percent minimum open space required by the Crabapple Crossroads Overlay District, Article 12H(1)4.H. Staff notes that this common area will not be part of any of the residential lots within the development. A Homeowners Association is required to maintain the open space and it shall be accessible by sidewalks, streets, or a trail system. Staff has included the condition for open space and the establishment of a homeowners association in the Recommended Conditions. The subject site is in the Crabapple Crossroads Overlay District of the Northwest Fulton Overlay District. At the time of application for a land disturbance permit and/or Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 19 of 35 RZ07-005 VC07-002 building permit the applicant will be required to comply with these standards. Prior to the approval of a permit, the applicant shall be required to meet with the City of Milton Design Review Board to receive their recommendations. PUBLIC INVOLVEMENT On May 23, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were three people in attendance that represented the applicant, the seller and the agent for the seller. There was no one from the community at the meeting. Staff has received two e-mails in opposition to the proposed development which is attached. The applicant is planning to meet with members of the community the week of July 16 to address any concerns or questions they may have. City of Milton Design Review Board Meeting – June 5, 2007 The following recommendations were made by the DRB: • Situate town homes closer together to eliminate encroachment of decks into the buffer. • Eliminate/reduce individual driveways. • Make access to town homes one way. • Use pervious materials for the extra spaces. • Exterior sidewalks should meander along frontage, following terrain. • Provide some kind of decorative feature at corner to draw people to the site. • Move corner building closer to the street – no more than 20 feet from the corner. City of Milton Design Review Board Meeting – July 12, 2007 The applicant submitted the July 10, 2007 revised site plan for review by the DRB. They also were not opposed to the elimination of the Dinsmore Farm House and for it to be replicated on the site. The DRB was also concerned about the size of the larger non-residential buildings. They recommended that they reflect the surrounding existing buildings in size in scale. Based on this input, the applicant submitted a revised site plan on July 12, 2007. Public Notice Requirements The rezoning petition was advertised in the Atlanta Journal Constitution on June 11, 2007 and the sign was installed before June 6, 2007 along the frontages of Mayfield Road and Charlotte Drive. The notice of rezoning was sent on June 11, 2007. Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 20 of 35 RZ07-005 VC07-002 Since the deferral of the petition on June 26, 2007, the sign on Mayfield Road and Charlotte Drive was revised to reflect the new hearing dates. The notice of rezoning was sent with the revised hearing dates on July 9, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan requirements. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed office, commercial retail and residential development is inconsistent with the policies and intent of the Crabapple Crossroads Plan and the Fulton County Board of Commissioners policy; therefore, Staff recommends that this request to MIX (Mixed Use) and the Concurrent Variance be DENIED. A set of Alternate Conditions are included to allow the site to be rezoned to NUP (Neighborhood Unit Plan) developed with 8 units of residential at a density of 4.6 units per acre within the Village Mixed Use and 9 units of residential at a density of 3.83 units per acre within the Sub Village A Residential or an overall density of 4.16 units per acre. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 21 of 35 RZ07-005 VC07-002 ALTERNATE CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1. To the owners agreement to restrict the use of the subject property as follows: a. No more than 8 units of dwelling units at a maximum of 1.87 units per acre based on the total acreage zoned, whichever is less (4.6 units per acre based on 1.7 acres of Village Mixed Use). b. No more than 9 total dwelling units at a maximum density of 2.2 units per acre based on the total acreage zoned, whichever is less (3.83 units per acre based on 2.35 acres Sub Village A Residential). c. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. d. Provide a minimum heated floor area of 1,500 square feet for the dwelling units. 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on July 12, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the even the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas in accordance with the design standards of the draft Milton Trail Plan and Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 22 of 35 RZ07-005 VC07-002 the newly established Right of Way Ordinance. Such shall be maintained by an easement where necessary to the mandatory homeowners association, who’s proposed documents of incorporation shall be submitted to the Director of the Department of Community Development for review and approval prior to the recording of the first final plat. 3. To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve sufficient land along the following roadways, prior to the approval of a Land Disturbance Permit, as necessary to comply with the Crabapple Crossroads Plan and the Transportation Master Plan consistent with adjacent developments, pursuant to the Right of Way Ordinance. i. Inter-parcel access points as required by Community Development Director. b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights- of-way are being improved. ii. Provide 50 feet right-of-way for connector road, location to be approved by the Transportation Engineer. This may occur prior to an LDP of a future phase if a master plan with a phasing plan is a part of the first LDP plan submitted. iii. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer: a. Northbound left turn lane on Charlotte Dr b. Northbound right turn lane on Charlotte Dr c. Westbound Left Turn Lane on Mayfield d. Widening taper eastbound on Mayfield to accommodate lane configuration. c. Inter parcel access shall be required on the west property line. Additional Inter-parcel walking trails are required to be installed, trail easements recorded, and the HOA documents shall include a section of Adopt A Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 23 of 35 RZ07-005 VC07-002 Trail creation. Sidewalk is required along the new road. These items are required as this site is located with the radii of the Safe Routes to School limits. Access points and trail locations shall be as approved by the Transportation Engineer. d. Installation of a new decorative mast arm traffic signal at the corner of Charlotte Drive and Mayfield Road prior to a C.O. as approved by the Transportation Engineer. e. Village Residential area shall have a private named alley. The site plan must provide adequate fire truck access in alleys and one-way conditions; as per the newly established Right-of-Way Ordinance as acceptable to the Transportation Engineer and Fire Marshal. This is required to be shown using either AutoTurn type software or mechanical methods for rear wheel tracking on LDP drawings. f. LDP plans shall meet the newly established Right of Way Ordinance as required by the Transportation Engineer. 4. a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre- development conditions. The designed (assumed) underground facility may not be located on individual lots but may be located on common space, including if necessary locations underneath private alleys which may never be dedicated to the City as public. b. Stormwater detention facility shall utilize vegetative measures for water quality. Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 24 of 35 RZ07-005 VC07-002 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED MIX (Mixed Use) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1. To the owners agreement to restrict the use of the subject property as follows: a. Retail, service commercial and accessory uses, including all exterior food and beverage areas, at a maximum density of 855.75 gross square feet per acre zoned or a total of 3,500 square feet, which ever is less,(2,011.5 gross square feet per acre based on 1.74 acres of Village Mixed Use) but excluding daycare, convenience stores with gas pumps; freestanding fast food restaurants; businesses with drive through service; commercial amusements; pawn shops; check cashing businesses; billiards or pool halls; designated recycling collection stations; used car lots; self service laundry facilities; arcades, amusements, galleries or game rooms; outside vending machines, kiosks or other stands except ATM machines; dry cleaning plant or dry cleaning establishments; sale, lease or rental of motorized vehicles or trailers; tattoo or body piercing parlors; adult theme bookstores, video stores, movie theatres, and/or establishments offering the sale or rental or related machines, tapes, discs,books, magazines and novelty items; check cashing establishments; liquor stores; massage parlors or spas; bars, lounges or other establishments whose principal business is the sale of alcoholic beverages; and night clubs or similar establishments, including those offering strip tease or nudity as entertainment. b. Office/Institutional and accessory uses at a maximum density of 3,667.48 square feet of gross floor area per area zoned (8,620.69 square feet per acre based on 1.74 acres of Village Mixed Use)or a total gross floor area of 15,000 square feet, whichever is less. c. Limit the number of office buildings to 4, not exceeding 5,000 square feet. d. No more than 9 total dwelling units at a maximum density of 2.2 units per acre based on the total acreage zoned, whichever is less (3.83 units per acre based on 2.35 acres Sub Village A Residential). e. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 25 of 35 RZ07-005 VC07-002 of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on July 12, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, other applicable City Ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the even the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas in accordance with the design standards of the draft Milton Trail Plan and the newly established Right of Way Ordinance. Such shall be maintained by an easement where necessary to the mandatory homeowners association, who’s proposed documents of incorporation shall be submitted to the Community Development Director for review and approval prior to the recording of the first final plat. 3. To the owner’s agreement to the following site development considerations: a. Duplexes – 4 with a total of 8 residential units Single Family Alley Access residence – 1 b. Lot Size: Up to 4,800 square feet Minimum Lot Frontage: 20 feet Maximum Front Yard Setback: 10 feet Minimum Side Yard Setback: 5 feet Minimum Rear Yard Setback: 5 feet c. Minimum heated floor area: Duplexes – 1,800 square feet Single Family Alley Access residence – 3,000 square feet d. Provide a 15-foot landscape strip along the south and western property lines where they are adjacent to AG-1 (Agricultural) zoned property. (VC07-002) Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 26 of 35 RZ07-005 VC07-002 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve sufficient land along the following roadways, prior to the approval of a Land Disturbance Permit, as necessary to comply with the Crabapple Crossroads Plan and the Transportation Master Plan consistent with adjacent developments, pursuant to the Right of Way Ordinance. i. Inter-parcel access points as required by the Community Development Director b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights- of-way are being improved. ii. Provide 50 feet right-of-way for connector road, location to be approved by the Transportation Engineer. This may occur prior to an LDP of a future phase if a master plan with a phasing plan is a part of the first LDP plan submitted. iii. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer: . a. Northbound right turn lane on Charlotte Dr. b. Northbound left turn lane on Charlotte Dr. c. Westbound Left Turn Lane on Mayfield. d. Widening taper eastbound on Mayfield to accommodate lane configuration. c. Inter parcel access shall be required along the west property line. Additional Inter-parcel walking trails are required to be installed, trail easements recorded, and the HOA documents shall include a section of Adopt A Trail creation. Sidewalk is required along the new. These items are required as this site is located with the radii of the Safe Routes to Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 27 of 35 RZ07-005 VC07-002 School limits. Access points and trail locations shall be as approved by the Transportation Engineer. d. Installation of a new decorative mast arm traffic signal at the corner of Charlotte Drive and Mayfield Road prior to a Certificate of Occupancy as approved by the Transportation Engineer. e. Village Residential area shall have a private named alley. The site plan must provide adequate fire truck access in alleys and one-way conditions; as per the newly established Right-of-Way Ordinance as acceptable to the Transportation Engineer and Fire Marshal. This is required to be shown using either AutoTurn type software or mechanical methods for rear wheel tracking on LDP drawings. f. LDP plans shall meet the newly established Right of Way Ordinance as required by the Transportation Engineer. 5. a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre- development conditions. The designed (assumed) underground facility may not be located on individual lots but may be located on common space, including if necessary locations underneath private alleys which may never be dedicated to the City as public. b. Stormwater detention facility shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/building permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, etc. Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 28 of 35 RZ07-005 VC07-002 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation Facilities: Road name: Mayfield Road Classification: Minor Arterial Level of Service: F Fulton County Health Department: The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site. If this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service prior to opening. Plans of this facility must be submitted to this department for review and approval at the time of application for a Land Disturbance Permit. Fulton County Schools Schools Crabapple Crossing Elementary Northwestern Middle Milton High School Estimated Number of Students Generated 6 to 10 4 to 5 4 to 6 State Capacity+ 800 1,100 1,925 Enrollment++ 831 1,206 2,088 Under/Over State Capacity+++ +31 +106 +163 Number of Portable Classrooms 07/08 School Year 4 4 4 Can Facility Meet Increased Demand? Yes Yes Yes Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 29 of 35 RZ07-005 VC07-002 + Updated Georgia Department of Education state capacity ++ Enrollment based upon the official 10 day count of the 2006-2007 school year. +++Positive values indicate numbers of students a facility is over state capacity/negative values indicated number of students a facility is under state capacity. Water and Wastewater (Sewer): Water: Anticipated water demand: 8,628 gallons per day This project is +/- 25 linear feet from an existing water pipeline, located along Mayfield Road. Comments: This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Department of Public Works for more information. Sewer: Basin: Big Creek Treatment Plant: Big Creek Anticipated sewer demand: 6,740 gallons per day The nearest wastewater pipeline to this project is located in Land Lot 1136, District 2/2. Comments: This information does not guarantee that adequate sewer capacity is available at this time or will be available upon application of permits. Please contact the Fulton County Department of Public Works for more information. Hydrology: Staff notes that the submitted site plan shows likely inadequate detention area locations. Locations shall be as approved by the Stormwater Engineer. Drainage: Flood Plain: No Flood Plain. Fulton County Tax Assessor Property Tax ID#: 22 -4161-1134-041-2, Taxes are up to date. City of Milton Fire Marshal: • 25-foot distance between parking spaces • Identify road widths throughout • Identify hydrant locations • May have to provide a second exit Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 30 of 35 RZ07-005 VC07-002 APPENDIX B EXISTING ZONING AND USES IN CRABAPPLE CROSSROADS Existing Commercial prior to the Plan - 20,408 square feet; Existing Office prior to the Plan- 5,229 square feet Parcel # on Map 1 Currently Zoning Petition/Name/ Zoned Total Acerage MIX 03Z-115 / Crabapple Crossing 12.66 Acres (Under Development) Location Further Southeast Approved SQ FT and/or Units based on Sub Area Acreage 12,000 sq.ft. Vil. Mix 31 units Mix Use/ Office/Res 16 units Sub Vil B Approved Density by Land Use Sub Area (++ Exceeds Plan Density) 4.94 units/acre 2.5 units/acre Approved Overall Density 947.87 sq. ft/acre 2 MIX 03Z-156 / Crabapple Crossroad East, North, and Wes 12,000 sq ft Vil. Mix 2,970.30 sq.ft/acre 293.98 sq ft/acre 40.82 Acres 7 units Vil Mix Use (4.04 acres) 1.74 units/acre (Under Development) 11 units Vil Off/Res (2.2 acres) 5 units/acre 8 units Sub Vil A (2.0 acres) 4 units/acre 63 units Sub Vil B (24.5 acres) 2.58 units/acre++ 5 units Rural Res (3.47 acres) 1.5 units/acre 6 units Res 0-1 u/a (4.61 acres) 1.31 units/acre++ 3 C-1 03Z-146/ Crabapple Tea Room Further Southeast 800 sq. ft Mix Use 536.92 sq.ft/acre 536.92 sq.ft/acre 4 C-1 04Z-134 / Further Southeast 1,500 sq.ft Vil Mix 1,153.85 sq ft/acre 1,153.85 sq.ft./acre 5 C-1 04Z-136/ Interior Decoration Further Southeast 2,500 sq.ft Vil Mix 4,901.06 sq.ft./acre 4,901.06 sq.ft./acre 6 MIX 04Z-093/ Crabapple Station Southeast 19,000 sq.ft Vil Mix (5.63 acres) 3,374.77 sq.ft./acre 1,155.02 sq.ft./acre 16.45 Acres 3,000 sq.ft. Off/Res (3.22 acres) 931.68 sq,ft./acre 182.38 sq.ft./acre 28 Units Vil Mix (5.63 acres) 5 units/acre 11 Units Vil Off (3.22 acres) 3.42 units/acre 19 Units Sub Vil A (4.86 acres) 3.91 units/acre 7 Units Sub Vil B (2.74 acres) 2.56 units/acre* (*extra unit approved for historic house saved) 7 R-1 05Z-002/ Subdivision Far Southeast 8 units Rural Res (5.96 acre ) 1.35 units/acre 5.96 acres (Under Development) 8 C-1 05Z-030/ Far East 2,600 sq.ft. Vil Mix 6,089 sq.ft./acre 6,089 sq.ft./acre (See #13) .427 acre 9 MIX 05Z-070/ Crabapple Crossing East and 20,000 sq.ft. Vil Mix (7.84 acres) 2,551 sq.ft./acre 1,669.45 sq.ft/acre 11.98 acre (this includes rezonin further Northeas 20,000 sq.f ft Office in Vil Mix 2,551 sq.ft./acre 1,669.45 sq.ft/acre portion of 03Z-156) 39 Units Vil Mix (7.84 acres) 5 units/acre (Under Development) 5 Units Vil Off (1.04 acres) 5 units/acre 3 Units Sub Vil B (1.86 acres) 1.62 units/acre 2 Units Rural Res (1.18 acres) 2.55 units/acre* (*extra unit approved for historic house saved) 10 C-1 05Z-072 / Sally Rich Kolb Further Southeast 12,800 sq.ft. Vil Mix (1.36 acres) 9,500 sq.ft. counted 9,411.76 sq.ft./acre 1.36 acres 6,985.29 sq.ft/acre 12,800sf-1,850 existing- 1,450 sf bonus for saving historic house 11 C-1 05Z-110 / Larry Davenport Further Southeast 8,000 sq.ft Vil Mix 2.10 acres 6,300 sq.ft. Vil Off 12 MIX 05Z-117/ John Wieland Further North and Ea 2,532 sq ft Commercial Vil Mix 62.87 acres 36,468 sq ft Office Vil Mix (Under Development) 14 Units Vil Mix 1.61 units/acre 18 Units Vil Off/Res 7.01 units/acre++ 17 Units Sub Vil B 6.35 units/acre++ 50 Units Residential 0-1 1.09 units/acre++ 13 MIX 06Z-047 / Bruce Harris Far East 20,800 sq.ft. Vil Mix 3,946.87 sq.ft/acre (See #8) 5.27 acres (2,600 sq. ft. Already Counted via 05Z-30) 2 Units Vil Off/Res 0.75 units/acre 4 Units Sub Vil A 3.37 units/acre 14 C-1 06Z-074 / Patton Further Southeast 12,000 sf Vil Mix Comm. previously approved 03Z-115 7,453.42 sq.ft./acre 1.61 acres 8,203 sf Vil Mix 5,095.04 sq.ft./acre 15 C-1 06Z-079 Far East 1,953 sf Vil Mix Comm. Converted historic structure to non residential .941 acre 16 NUP 05Z-025 West 32 units 3.64 units/acre 8.79 acres 17 R-3 l i l 1.7 uni84Z-079/ Crabapp e Chase S/DSouth (Cty of A pharetta) ts/acre (Residential) MHFA: 1,750 sf 18 AG-1 U95-75/Cell Tower Crabapple Knoll Vet Clinic Further West 19 R-4 Z94-079 Arbor North S/D Further Southwest 31 units 2.0 units/acre (Residential) 20 C-1 Z81-78 Family Dentistry Further Southeast (City of Alpharetta) Alpharetta Gov't Center Further Southeast (City of Alpharetta) Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 31 of 35 RZ07-005 VC07-002 21 Public Comment Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 32 of 35 RZ07-005 VC07-002 Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 33 of 35 RZ07-005 VC07-002 Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 34 of 35 RZ07-005 VC07-002 Prepared by the Community Development Department for the Milton City Council on January 24, 2008 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 1/17/2008 Page 35 of 35 RZ07-005 VC07-002 A CityofMilton 13000 DeerfieldParkway, Suite 107, Milton, Georgia30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17,2008 FROM: Interim City Manager AGENDA ITEM: To modify Condition 3.a. of 206-051 to reduce the required 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip along the east and west property line for a distance of 9 50 feet north of the existing building. (This item was deferred on December 13, 2007.) 'MEETING DATE: Thursday, January 24,2008 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED I)NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (1 YES b4~0 ClWATTORNEY REVIEW REQUIRED: () YES fi NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 \ zq REMARKS: PETITION NUMBER(S): ZM07-006 PROPERTY INFORMATION ADDRESS 2865 Webb Road DISTRICT, LAND LOT 2/2, 1048 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) Z06-051/VC06-070 EXISTING USE IQ Academy PETITIONER Pegah Firoozi ADDRESS 5240 Orchard Court, Cumming GA 30004 PHONE 678-762-0216 APPLICANT’S REQUEST: To modify condition 3.a. to reduce the 25-foot undisturbed buffer and 10-foot improvement setback on the east and west side of the property to a 5-foot landscape along the east and west property lines in the area of the existing driveway, structure and parking area and 150 feet beyond the existing building. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL MILTON MAYOR & CITY COUNCIL NOVEMBER 15, 2007 - DEFER FOR 30 DAYS TO DECEMBER 13, 2007 DECEMBER 13, 2007 – THE APPLICANT WAS NOT PRESENT AT THE MEETING AND THE COUNCIL VOTED TO DEFER TO THE JANUARY 24, 2008 MEETING Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 1 of 12 ZM07-006 Revised Condition to be Modified: Z06-051/VC07-070 3. To the owners agreement to the following site development considerations: a. Reduce the required 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip along the east and west property lines only in the area of the existing driveway, structure and parking areas. (VC07-070) Analysis and Recommendation: The subject site is developed with a child care/Montessori school within an existing single family residence. It was rezoned from AG-1 to O-I pursuant to Z06- 051/VC07-070 for a maximum density of 1,470.59 square feet of gross floor area per acre zoned or a total area of 2,000 square feet. The applicant requested a concurrent variance to reduce the required 25-foot buffer and 10-foot improvement setback to a 5 foot landscape strip for 150 feet along the east and west property lines. The Fulton County Board of Commissioners approved a 5 foot landscape strip in lieu of the 25 foot buffer and 10 foot improvement setback along the east and west property lines, only in the area of the existing driveway, structure and parking areas. The applicant had asked during the public hearing to extend it another 150 feet as currently requested. It was approved per Staff conditions which did not include the 150 feet beyond the building. The applicant had thought it was approved the way she had requested it. The applicant obtained a fence permit for the chain link fence from Fulton County prior to the incorporation of the city. The permit was incorrectly approved to be located five feet interior to the property lines. Because of the long and narrow shape of the lot, approximately 117 feet wide, the required 70 feet (25-foot buffer and 10-foot improvement setback on both the east and west property lines) leaves approximately 47 feet for the play areas. The applicant has stated in her Letter of Intent that because of the narrow width of the property it is a hardship that is not self imposed. Since the November 15, 2007 City Council meeting, a site plan depicting the existing septic drainage field has been included in the Staff analysis. Based on this plan, it appears that there is little room to provide a play yard except where the undisturbed buffer is required per the ordinance. Staff notes that the majority of parcels surrounding the site have been rezoned from AG-1 (Agricultural) to office or commercial uses. The Focus Fulton 2025 Plan Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 2 of 12 ZM07-006 Revised recommends this area to be Office Institutional along the south side of Webb Road. The Plan also recommends the area adjacent to the south be developed Commercial. It appears that this area will continue to redevelop from single family residences to non-residential uses in the near future. The applicant states that she has a letter of support from the property owner adjacent to the site that is currently zoned AG-1 (Agricultural) and has the support of the other adjacent AG-1 (Agricultural) zoned property owner and is obtaining a letter from him. Staff is of the opinion that the issue of narrowness of the parcel and the area needed for the septic drainage field demonstrates a hardship that is not self- imposed. Play equipment is not allowed on the drainage field area. The applicant also has submitted a letter signed by both property owners to the east and the west no opposing the request. Therefore, Staff recommends APPROVAL CONDITIONAL of the requested modification to condition 3.a. CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (Z96-0051) should be revised to read as follows: 3. To the owners agreement to the following site development considerations: a. Reduce the required 25-foot buffer and 10-foot improvement setback to a 5-foot landscape strip along the east and west property lines in the area of the existing driveway, structure and parking area and 150 feet beyond the existing building. The size, type and location of plantings in the 5 foot landscape strip are to be approved by the City Arborist. (ZM07-006) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 3 of 12 ZM07-006 Revised Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 4 of 12 ZM07-006 Revised ZM07-006 LOCATION MAP 1/17/2008 ZM07-006 Revised Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 Page 5 of 12 SEPTIC FIELD DRAINAGE PLAN Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 6 of 12 ZM07-006 Revised Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 7 of 12 ZM07-006 Revised Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 8 of 12 ZM07-006 Revised CURRENT PLAY YARD AREA CURRENT PLAY YARD Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 9 of 12 ZM07-006 Revised EAST PROPERTY LINE Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 10 of 12 ZM07-006 Revised Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 11 of 12 ZM07-006 Revised WEST PROPERTY LINE Prepared by the Community Development Department for the Mayor and City Council Meeting on January 24, 2008 1/17/2008 Page 12 of 12 ZM07-006 Revised 4 City of Milton 13000DeerfieldParkway,Suite 107. Milton, Georgia30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 17, 2008 FROM: Interim City Manager AGENDA ITEM: Approval of a Resolution to Authorize the Mayor and City Council to Approve the Submission of a Grant AppIication to the US Smokeless Tobacco Company for a Polaris Ranger ATV. MEETING DATE: Thursday, January 24,2008Regular Meeting BACKGROUND INFORMA TION: (Attach add!tiona/pages ~fnecessary) See attached memorandum APPROVAL BY CITY MANAGER: () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 NO CITY ATTORNEY REVIEW REQUIRED: 0 No APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR 01 Ly B REMARKS: City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Charles Millican, Interim Director of Public Safety Date: January 17, 2008 Agenda Item: Approval of a grant application to the US Smokeless Tobacco Company for the Provision of a Polaris Ranger ATV. CMO (City Manager’s Office) Recommendation: Adopt the attached resolution approving the submission to the US Smokeless Tobacco Company the application for the grant provision of a Polaris Ranger ATV under the auspices of the 2008 “Operation Ranger” program, and authorizing the Mayor to execute all required grant documents should the grant be awarded. Background: The purpose of the US Smokeless Tobacco Company’s “Operation Ranger” is to award a grant directly to public safety departments to enhance their response capability by providing a multi- purpose ATV with off-road capabilities in more rural environments. The grant involves the direct provision of a Polaris Ranger All-Terrain Vehicle to various public safety departments throughout the country. Discussion The City of Milton encompasses large tracts of rugged, undeveloped land. The Milton Department of Public Safety has, on occasion, a need to provide emergency medical services, fire suppression or police patrols in these difficult to access areas. Typical police and fire vehicles are not equipped to access these areas, necessitating public safety employees’ reliance on foot access to these areas. Anecdotally, on one occasion, this has resulted in the victim of a fall off a horse in the middle of a pasture having to be immobilized and extricated out of the pasture by foot since the area was inaccessible by vehicle. The Polaris Ranger is a true multi-purpose vehicle. The item features a six-wheel drive all terrain vehicle with a pick-up style bed in the back. This vehicle may be easily converted for both fire suppression and emergency medical use through the purchase of a “skid” that includes a back-board for secure patient transport as well as a 100 gallon tank for fire suppression. The vehicle can also be used for police patrols in these same hard to reach areas. This will provide us not only with the ability to deploy the Ranger to access these rugged areas of the City, but also to provide an all-purpose vehicle to deploy at community events to ensure the safety of the community at public events. Funding and Fiscal Impact: 1 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Operation Ranger is essentially a direct-grant program where the requested item is provided directly to the requesting agency. There is no required match or fiscal impact for the City other than the maintenance and fueling of the item. The provision of any accoutrements that the MDPS deems necessary for operation (such as lights, or a water tank for fire suppression) may be a long term cost of the item. However, any such additions can be made as finances allow, and are not necessary for the immediate deployment. Alternatives: MDPS can continue to use various ad hoc means to access the more rugged areas of the City. While not optimal, the Fire and Police Departments would still be able to provide their services though other means, including by foot and by limited vehicle access. Concurrent Review: Chris Lagerbloom, Acting City Manager Charles Millican, Acting Public Safety Director 2 ___________________________ STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-01-__ A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE US SMOKELESS TOBACCO COMPANY FOR A POLARIS RANGER ATV BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 24, 2008 at 7:00 pm. as follows: WHEREAS, the US Smokeless Tobacco Company makes available a grant to provide a multipurpose all terrain vehicle for public safety purposes through the grant program “Operation Ranger;” and WHEREAS, the Polaris Ranger ATV is provided directly to the recipient fire and/or police department; and WHEREAS, the City of Milton has substantial rural-undeveloped tracts of land that must be both policed and safeguarded against fire and in the interest of public health; and WHEREAS, the Milton Department of Public Safety has a need for quick access to these undeveloped areas in order to ensure more rapid fire and public safety protection which may be significantly improved with access to the Polaris Ranger provided in this grant; and WHEREAS, the City of Milton has applied for funding through this program; and WHEREAS, the Polaris Ranger, if awarded, will be placed into service by the Milton Department of Public Safety and will be used to further enhance the services delivered by this Department to the Citizens of the City of Milton. NOW, THEREFORE BE IT SO RESOLVED, this 17th day of January, 2008, by the Mayor and Council of the City of Milton that the submission of the Operation Ranger grant application to the US Smokeless Tobacco Company is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package provided by the US Smokeless Tobacco Company. RESOLVED this the 24th day of January, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CIN COUNCIL AGENDA ITEM TO: City Council DATE: January 17, 2008 FROM: Interim City Manager AGENDA ITEM: Approval of Legal Fees for November 2007. MEETING DATE: Thursday, January 24,2008 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED () NOTAPPROVED 1 CiW ATTORNEY APPROVAL REQUIRED: I I YES gN0 CITY ATTORNEY REVIEW REQUIRED: I I YES APPROVAL BY CETY ATTORNEY (1APPROVED () NOT APPROVED PLACED ON AGENDA FOR: A _-= "" -City-of Milton " -%-*, 13000 Deerfield Parkway Suite 107G Milton,Georgia 30004 \ To: Honorable Mayor and City Council Members From: Sdacey Inglis, Finance Manager Date: Submitted on January 16" for January 24, 2007 City Council Meeting Agenda Item: Approval of November 2007 Invoice for Legal Fees CMO (City Manager's Office) Recommendation; Approve the payment of legalfees per the attached invoice in the amount of $10,487.62. Background: The City receives a monthly invoice from Jarrard and Davis for legal services rendered to the City by Mark Scott, the City's attorney. The invoice also includes other legal support services rendered by Jarrard & Davis as well as fees incurred due to the use of external legal entities. Discussion: The legal invoice is detailed by project and where applicable by department. Each month, staff will review legal fees associated with the respective projectldepartment and the department director is responsible for approving the hours spent on the project or entering into a dialogue with the City Attorney regarding dispute of the fees. Once the legal invoice reaches the City Council on the third Thursday agenda of each month, the staff-related projects will be approved or the invoice will have been adjusted. Council will then be responsible for approving council-related legal fees. The following list represents the billed hours needing council approval in order to remit payment for the November 2007 invoice: v-.r-.,"-;""Citv of Milton -r' ,".. ?, -. 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 conference with Mayor and Chns Lagerbloom regard~ng same. Foilow up conversation w~thWunderle and Long fellows regard~ng status of negot~ationswith Phase Four Six Hills developer 11/26/07 Telephone conference with Tom Farnen, counsel for Phase 4 Six Hills .20 30.00 9 regard~ngstatus of settlement d~scusslons 1127MJ Telephone conference w~th Joan Wunderle regarding her view of status of 20 30 00 9 negotiations with Six HiHs and reassure her that C~ty's postion is that we wlll only place !tern on Board of Zonlng Appeals agenda lif we learn that they have reached agreement. 11127107 Telephone conference with Fulton County AtIomey Gerry Clark regarding 3 80 570 00 9 poss~bleglobal settlement and consent order for Fulton County billboard Eases Follow up telephone conversations wth Mayor Lockwood, Mayor Pro Tern Thurman, City Manager and Cornrnun~ty Development D~rector. Draft ernall letter to Councrl ta Inform of same. Rev~ewand correspond w~th Council Member Zahner-Ba~ley regard~ng her feedback on subject. Begin draffing letter to County Commissioners asking them not to approve for srgnaturesof mayor and counc~l Telephone conferences with C~ty Attorneys for Johns Creek, Alpharetta and Roswell regarding same. 11128107 Ernarl correspondence wrth Qavld Cooper, attorney for Wunderles and .50 75.00 10 Longfellows regardrng the~r posrtion on posslble settlement. Telephone conference w~th h~mregardingcrty's poslt~on. Telephone conference mth SaHills developer's attorney Torn Famen regard~ng status. 11129107 Ernallcomespondence w~th Comprehens~vePlan Adv~sory Cornrn~ttee .10 1500 10 ,.I >--i" City of Milton----.... --- \ 5, 13000 Deeff~eldParkway Suite 107G Milton, Georgia 30004 *- \ I Henderson. Dana Maine and Fiscal Impact: The budget for legal fees is $1 80,000.Upon payment of this invoice, the total expenditures for legal fees will be $18,672.93,leaving a balance of $161,327.07. With 16.7% of the year billed for legal senrices, the expenditures represent 10.4%of budget. AIternatives: None identified. Concurrent Review: Joe Lockwood, Mayor Jeanetke Marchiafava, CiZylCourt Clerk Chris Lagerbloom,Acting City Manager Tom Wilson, Community Development Director Tami Hanlin, Operations Director Charles Millican, Interim Public Safety Director Dan Drake, Public Works Director Lisa Maggart, Communications Manager A Limited Liability Partnership 1 05 PiIprim Village Drive, Suite 200 Curnming, Georgia 30040 December 27,2007 PERSONAL Am CONFLDENTIAI, ATTORNEYJCLIENT PRIVILEGE!) COMMII3TCATION Mr. Kyle Jones City ofMilton 13000 Deerfield F4,rkway Building 100 Alpharem, GA 30004 Re: City of Milton Invoice Dear Mr. Jones: Please find enclosed our fee statement for services performed in November in connection with representation for the City of Milton, f lmve also enclosed a spreadsheet detailing the charges by Department, The total balance for these matters is $10,487.62. Please return your payment on or before January 1 8,2008. Thank you Tor the opportunity to be of service. Please do not hesitate to carttact me if you have any questions. JARRARD & DAVIS, LLP *-"-1 CITY OF MILTON NOVEMBER 2007 INVOICE Annexabons Communrty DevelopmentDepamerit Opere&ns -General Fubn County Billboard Litigation Pknning Cornmisaton Publk Safely-General Publii Works -Gmml JARRARD & DAVIS PAYMENT DUE UPON RECEIPT -THANK YOU! I Gornmunrp Development 1630 M-13D05-1630 S342 44 I $3.1 08 30 Balarlcr lo: Department 1630 -Cmmlrnjty Dev@fogmnt A > $3,458.74% Operations 1000 M-00: f-1009 975 00 Balance for Departmsnt 1WC)-Operatlans $75.00 Planninq ! 1630 M-W22-1630 $390 00 Plannlng 1 1630 1 M4020-1630 ?45.00 Balance for Dnpamnsnt 163G -Plannlngi ---" Public Safety 1 2410 i M-0010-2410 381076 Balancefor Departmen! 26 10 -Publ~cSafely 58.10.76 Pubiic woas [ 3150 1 L~-COI~JI~O 1 $270GG Puslrc Works 3150 1 M-0004-3150 S375.W Balanw 'or Departmeat31 50 -Publrc Works 5545:00 TOTAL DUE FOR PROFESSfOhlAt SERVICES RENDERED $10,437,62 5435.40 - - Tarrard & Davis A Limited Liah~lrrcFarmership 105Pilgrim Village Drive, Suite 200 Gumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 City of Milton Attn: Kyle Jones 13000 Ueal-ield Parkway Ruilding 100 Alphama GA 30004 Re: CiW of Milton -General Law Fim Filc # M-0003-15013 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 11/1/2007 MES Email correspondencewith Jeanette Mmhiafava regarding issue of %&)* 0.50 75.00 disclosure ofcampaign wntrihutions for opponents to rezoning applications. Legal research on requirement of Georgia statute and rrspond that oppot~er~lswould have to disclose which appiications thy oppose. MES Preparation for and attendance at City Council Meeting 3.20 480.00 MES Email correspondence with City Clerk and Council Member Mohrig -r,; 0.30 45.00 " regarding open records request. 111512007 MES Email correspondence md telephone conferenceswith Tara Chambers / 0.70 105.00 and Council Member D'Averss regarding,Alphada Methodist Christian Acaderny issue. 3 11612807 MES Telephone conference with Tara Chambas regarding Alphama -/ 1.60 240.00 Methodist Christian Academy political issue. Follottnup telephone conversation with Council Members Tllurman. Lusk, O'Brien mil Mohrig about contact with Academy or representatives and representations made. 1 11712007 MES Telephone conference with Mayor Lockrvocd regarding city issues in 0.30 45.00 light of election results. Ci& of Milton Page City of Milton -General 1 1/7/2007 MES Receipt and review of solid waste ordinance for re-adoption. 1.70 'Telephoneconfemce and ernail with Chris Lagerblmm regarding me. Furtlicr telephane conference and emails with Chris Lagerbloom regarding review of ordinances on first anniversarq'of passage to ensure that no more re-enactments are necessav. Dmft memo to council regarding updated memo on ordinance. 1 1/8/2007 MES Telephone conference with Mayor Lockwod regarding current city 0.30 and ethics related issues. MES Telephone conference with Council Member Lusk regarding Aipha~etta J 0.50 Methodist Chridian Acnderny issue raised by citizen Tara Chamkrs. Telephone conference with Ms.Chambers regarding same. MES Prepamtion for and attendance at City Co~~ncitwork session and special called meeting. Foliow up conversations with citizens and Council Members DArersa and Zallner Bailey regarding disclosure requirements for protestants to zoning applications. 11S9I2007 MES Legal review of agenda items for November 15 Cie Council meeting. 0.50 MES Telephone conferencewith Mayor Lock\vood regardingci!y and ethics 0.30 hoard issues. ' 1t /I312007 MES Receipt and review ernail correspondence from Stacy Inglis regarding -I 0.30 GIWA deductible invoice. Review and approve same. -.+ ' 11JI4Q007 MES Telephone conferencewith Interim City Manager rewding 0,40 reimbursement of training expenses issue for Officer Ether~dgeand status Phase Four Six tiifis lawsuit versus Board of Zoning Appeals. llltSD007 MES Mee-tingwithChrisZa~e%%oomandMayorre~~dsdingGlRMAbillfor 0.80 lawsuits, plans to discuss same in exccntive se~sion,status of GIRMA lawsuits, retention ofethics bard counsel and legalities of Sembfer zoning application for Kohf's store. NO MES Extensive crnail correspondence with City hkhbger. Mayor, Council 1.60 MemkZahner Bailey and staff regarding issues of disclosure of campaign contribtions by zoning opponents. Conferencewith Attorney Ken Jarrard regardingsame. Update case law and review applicable statuks, Coordinatepublic disclosure of policy with Lisa Maggart. MES Receipt and review of email regarding scheduling of city counciI-elect 0.10 workshops. MES Preparation for and attendance at City Council Meeting and executive A.90 session. 2 255.00 60.00 75.OO 75.00 " 45.00 45.00 60.00 120.00 340.00 I 5.00 735.00 3 City of Milton City of Milton -General 11/26/2007 MES Draft opinion in response to telephone request fim lrnerim City Manager regarding policy and legal implications of request for sewer connectionto parcels surrounded by sewer. Meeting with Mayor, City Manager and Community Development Director regarding same. MES EmaiI correspondencewid1Council Member D'Aversa regarding review ofagreed to conditions with Sembler Construction regarding Kohls property. Review and analyze proposed condirions. Confer with Tom Wilson regarding buffer issue in conditions. Reply emails re_-ding rcvicw and suggestions. Rcccivc and review elnail messages from Council Member Thurman and Robyn MacDonald regarding additional suggestions. 11/27/2007' MES Telephone conference wit11 Attorney Pete I-Tendricksregarding Dennis Potts sewer issue. Telephone conference with Chris Lagerbloom regarding response to Council feedback on issue ofplacing item on planning corn~missiotragenda and removing samc. Receive and review email cwrespondenceregarding same. MES Telephone ~onfercncewith Gerry Clark, Fulton County Attonley regarding insurance premium tax issues . Telephone conference with Karen TI~umianregarding same. MES Receipt and teviav of council rcsponscs to opiniou regarding whether Potts sewer request must be beherd by planning commission on agenda or rid for public hearing. I 1/28/2007 MES Meeting with City Manager and Mayor regarding billboard and othe current city issues. Qk 1 112912007 MES Meeting with Chris Lagcrblmm and Council Mcmber Mohrig regarding assignment to dmft resolution authorizingreimbursement of attorney'sfees for officials cleared of ethics charges. MES Telephone conference with Council Member Lusk regarding public safety issue. 1 1/30/2007 MES Draft ~mlutiooautlrorizing reimbursement of attorneys fees to council members exonerated of ethics charges. Review Georgia statute authorizing snrne. Ernail ro and ~ouncilMember Mohrig. Total For Services Balance Dne Page 3.30 135.00 90.00 0.50 75.00 0.40 60.00 75.00 30.00 0.20 30.00 1.10 1G5.00 $4,125.00 - - Tarrard & Davis 105 Pilgrim Village Drive, Suite 200 Cumrning, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 City of Miltan Am: Kyle Jones 13000 Deerfield Parkway Building f 00 Alpharetta GA 30004 Re: Etlthics Board Law Finn File # M-0017-1500 FOR PROFESSIONAI, SERVICES RENDERED - SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 1 I1112057 MES Telephone conference with Susan CampbeII regarding etllics board 1.20 180.00 schedulingatld ethics issues. Email exchange with Susan CatnpklJ and legal researclt regarding same. I 118QOOT MES EmaiF exchange with Attorney Ken Jamd regarding counsel for ethics 0.70 105.00 board. Telephone conference with Rill Bailey, Council Member Zahw Bai 1eqgshusband reprding qrrestions about ethics complaillt and procedure. Telephone conference md ernail correspondencewith Attorney Kavin Momis regarding serving as ethics bard counsel, 1 119DMn MES Telephone ~unfcrencew it11 Kcvin Morris?prospect for Ethics hoard , 1-80 270.00 counsel regarding complaint and plans to dismiss for want of verification. Telephone conferencewith Rill Fantomi, ethics complainant regarding cornplaint. Ernaif camspondenccwith Kevin Morris regarding appointment and biography. Ernail biography to City Clerk and board. Review email comspondence From city clerk and board members regarding hearing dates. l*c!ephaneconference with Susan Campbell rrgarding same. 11/12/2007 MES Email correspondence with ethicc hoard cntmsel Kevin Morris and review proposed letter to Bill Fantozzi regarding lack of verification to complaint. 1 1/14/2007 MES Telephone conference with Clint Johnson, Ethics Board chair and email correspondencewith c1el-k and board members regarding scheduling issues. Ernail exchange regarding verification of Fantomi 2 City of Mitton Page Ethics Board complaint issues and receive copy of verification. Telephone call fm~n Mr. Eantozzi regarding same. 1 1114J2007 MES Email correspondencewith City Clwk regarding verification filed by BilI Fantomi for complaint. Telephone conference Rill Fantorxi %p stating that he filed verification on 1 1IS. Review filed verification. Email correspondence with Clerk and board members mgarding hearing date for Lane Complaint. 1 1/29/2007 MES Teleplxone conference wid1 Ethi~sBod Cltair Clint Johnson and Vise 1.l~ 165.00 Chair Susan Campbell regarding schduf ing issues, setting of meeting 'f?%~ and proceditwt poqtrrre ofFantomi complaint. Conference wit11 Chris Lagerbloom and Mayor Lockwood regarding status of hiring outside counsel to handle complaint. Review emails from hoard mernkrs regarding meeting scheduling issues. Confewncc with City CleP.3; Marckiafava regarding same. MES Email correspondencewith ethics hard rnemhers and city clerk .(,AT-, 0.30 35.00 + regarding hearing scl~edrllingand q~~onlrniss~res. Total For Swviccs 6.30 5945.00 1 1/I0007 Westh Research Balance Due Tarrard &Davis 105 Pilgrim Village Drive, Suite 200 Cumming, CA 30040 Phone 678-455-7150 Facsimile 478-455-7149 City of Milton Am: Kyle Jones 13000 Deerfidd Parkway Building 100 Alphmetta GA 30004 Re:Annexations bw Fjm File # M-0005-1630 FOR PROFESSTONAI SERVICES RENDERED SERVICES: DATE -NAME DESCRIPTION -HOURS AMOUNT 11/6/2007 MES Receipt and review of annexation petition hm Jon Roby for 1400 Mafield Road, Prepare annexation ordinance and accompanying memo and transmit to City. 1.40 210.00 11/29/2003 MES Email comspo&ence with Doug Smith of Fulton County GTS Department regarding annexation letter to county on 1400 Mayfield Road and drafi letter to Chairman Eaves regarding same. 0.60 90.00 1 1130R007 ES Email correspandence with Doug Smith of Fulton Cou~~tyEnvironment and Community Development Department regarding annexation of 1400 Maq5eld Road. Total For Services 11/3012007 Postage Copying cast @ .I0 per copy Disbursements Tad 2 City of Milton Page Annexations Balance Due $342.44 - - Tarrard & Davis 105 Pilgrim Village Drive, Suite 200 Cumrning, GA 30040 Phone 678-4557150 Facsimile 678-455-7149 City of Miltan Ann: Kyle Jones 13000 DeeFfield Parkway Building 100 AIpkarefta GA 30004 Re: Comrnunim Develooment Department LawFimFile# M-OOE5-1630 FOR PROFESSIONAL SERVICES RENDERED - . -- SERVICES: DATE NAME DESCRIPTION I 1/6/2007 MES Receipt and review of draft memorandum of understanding wit"noard of Education regarding school building issues hm Tom Wilson and reply with camrnents. 11/8/2007 MES Telephone conferencewith Attorney Kelly Hundley regarding Six Hills lawsuit and rcsults of applicant's meeting with neighbors. MES Emai 1 correspondence from Jill ian and M ike Harris segarding Young Life Barn opemting at Sco&ns pwpeq?in Sunnyhook Famts subdivision. Email correspondenceregarding same with Chris Lagerbloom, 'ram Wilson and Council Member T'hurman. MES Tclephone mnfcrcnce with Tom Wilson regarding VilIages nt Dcvinshire sign issues. Review letter from counsel fur property owner and further discuss with Tom Wilson. MES Meeting with Tom Wilson and Robp MacDonrtld regarding amendments to use pernit article of mning ordinance for antennas in light of telecommunications ordinance and discuss current community development issues. I I/9/2Q07 MES Telephone conference with attorney burel Henderson regarding VifIage at Devinshire sign issue. Conference with Attorney Ken Jamd regarding same. Telephone conference with Tom Wilson wiEh recommendation on how best to handle sipage quest. HOURS AMOUNT City of Milton Cornmunip Development Department Page 2 1 1/9/2007 h4ES Email correspondencewith Chris bgerbloom and Tom Wilson regarding propriety Planning Cnmrni ssion review Pons sewer request. 1 1112/2007 MES Email correspondence with Attorney Dick Wilson and Tom Wilson regarding meeting regarding Nadler code violation matter. 0.20 11/14/2007 MES TelepItonecanference with Council Member TPlurman regarding PIlase Four Six Hi 11s lawsuit. 0.20 11/I 512007 MES Meeting with Ton1 Wilson regarding status of community development issues. Preparation for and meeting with Tom Wilson and Attorney Dick Wilson reprding Nadler citatiol matter. MES Telephone co~~ferencewith Torn Fmerr, attorney for Phase 4 Six Hills regarding status af settlement discussions with property owners, 0.20 MES Receipt and review of ernail correspondence regarding status of Young Life Bm issue. Conference with Tom Wilson and Karen Thurman regarding same I 111612007 MES Telephone conference with Attorney Tom Famen regarding status of possible Six I-Iills settlement, Telephone conference with property owner Joan Wkinderle regarding her view ofsame. Telephone conference with Buard of Zoning Appeals chair f Ecidi Soudcr regarding same. Telephone conference with Mayor and Chris Lagerbloom regarding same. Follow ttp conversation with Wunderles and Longfellows regarding status of negotiations wid1 Phase Four Slx Hills developer. 2.40 11/26/2007 MES Preparation for and attendance at meeting with Tam Wilson regarding Design Review Bvard md wrnrnuili~development issues, MES Telephone conference with Torn Farnen, cnunsel for Phase 4 Six Slills regarding status of settlement discussions. 0.20 MES Review ernail correspondence from wine store operator repding beer as well as wine tasting. Ernail and phone call to Chris Lagerbloom regarding amending wine tasting amendment to at lour beer tasting as well. 0.20 1 112712007 MES Telephone conference with Joan Wunderle regarding her view of status of negotiations with Six Hilfs and reamre her that c*'s position is that we will only piace item on Board of Zoning Appeals agenda if we feam that they have reached agreement. 0.20 MES Telephone conference with Fulton County Attorney Gerry Clark regarding possible global settlement and consent order for Fultan County billboard cases. Follow up telephone conversations with Mayor Lockwood, Mayor Pro Tern Thurman, City Manager and Community Development Director. Draft email Ietter to Council to infom of same. Review and correspond with Council Member Zahner 3 ClQ of Milton Community Bevelapmeni Department Bailey regardingher feedback on subject. Begin drafting letter to county commissioners asking them not to approve for signatures of m&yorand council. Telephone conferences with City Anorneys for Johns Creek, Afpharetta and Rwswell regarding samc. 11 /28/2007 MES Review ernail correspondencefrom Council Member DTAve:ersa regardin9 comprehensive plan issues raised by Torn Wunderle. Tetephone conversation with Tam Wunderte regarding legal problem with Crabapple Plan as.currentlywritten. Review ernail from Mike 'I'ttilerregarding related issues and reply to Council Member D'Avcrsa regarding effect of non-interference resolution on council attendance at comprehensive plan update meetings, MES EmaiB correspondence with David Cooper, attornev far Wunderles and Longfellows regarding their position on possible settlement. Telephone confemnce with him regarding city's position. Telephone confkence with Six Mi tls developer's attorney l'om Farnen regarding status. MES Draft letter to design review bard regarding development standads in overlay ordinance and limits of purview. Review zoning ordinance provisions for same. MES Meeting with Tom Wilson, Rahp Mncbnald and Angela Rambeau regarding billboard issue, update on Baker litigation and current Community Develapmcnt issues. 1 1 D912007 MES Complete draft of Imer to Design Review Board members regarding, basis for their review in Zoning Ordinance, overlay district and devetopment smdards and legal implications of exceeding their authority. Emails with liobp McDonald and Angela Rambeau regarding copy of current portion of ordinance. Review ordinance in detail ibr background. MES Email correspondence with Comprehensive Plan Advisory Comm irtee Chair George Ragdale regarding Crabapple issues. 11130l2007 MES Review ernail from Tom Wilson repding feedback on letter to Design Review Board. Revise l egter and ernail to Tom for distribution. Review ernail from Design Rcvicw Board Members regarding thmt to resign. Review email from Council Member O'Brien regarding same. Telephone conferenceswith Mayor-Council Members Thurman and Lusk regarding same, implicatior~sthereof and legal ramifications of overly broad discretion by Board.. MES Receipt and revieu#ofernailfrom Fulton County Attorney Geny Clark regarding possible billboard locations in "global scttlcment." Email list to Phil Ulbrich and request maps depicting sites. Review map showing addressesan Amntd Mill Road and detem ine that site there is in Milton, not Roswetl. Telephone conference with David Davidson, Page Tarrard & Davis 103 Pilgrim Village Drive, Suite 2M Curnrning-GA 30040 Phone 678-455-7150 Facsimile 678455-7149 City of Milton Attn: Kyle Jones 13000 Deerfield Pakway Building 100 Alphauetta GA 30004 Re: Operations -Genewt Law Firm File # M-0011-I000 FOR PROFESSIONAL SERVICES RENDERED SERVICES: DATE NAME DESCRIPTlON HOURS AMOUNT 11/29/2007 MES Ernail correspondence with Chris Lagerbloom and Stacy Inglis regarding written confirmation from insurance Cammissioner that they have accepted our ordinance for insurance premium tax pupses. 30.00 MES Email correspondence with Stacy Fnglis regarding AT&T as successorlassipneeof Sell South in Franchise agreement. 0.10 1 S.OQ 3 lBO12007 MES Email correspondence with Stacy Inglis and City Manager regarding clarification from Insurance Commissioner'sofice that ordinance amendment qualifies City of Insurance Premium Tax for 2008. 0.20 3 0.00 Total For Services Balance Due 575.00 City of Milton Page 4 Community Development Department Rowell City Attorney regarding same, Ernail correspondence with .Iohns Creek City Attorney office regarding billboard settlement issue. Total For Services 1 1/I /ZOO7 Westlaw Research 1 1 J6120Q7 Westlaw Rescarch 11/12/2007 Westlaw Research I 1/28/2007 Wesdaw Research Disbursements Totat Balance Dme - - Tarrard & Davis 105 Pilgrim Village Drive, Suite 200 Curnrning, GA 30040 Phone 678355-7150 Facsimile 678-455-7149 City of Milton hn:Kyle Jones X 3000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: 1 Law Firm File # M-0022-1630 FOR PROFESSIONAL SERVICES RENDERED DATE NAME DESCRIPTION HOURS AMOWT 1 1/28/2007 MES Dmf? letter to County Commissioners requesting that they not settle 1.40 210.00 billboard Sawsuit by pnting permits in cities for sipaturc of Mayor and Council. Multiple telephone conversations and ernails with Mayor. all C~uncilMcmh and Fulton County Cornmir;sionerRiley and Anome~Gep Clark regarding situation with Coun? and global billbard settlement proposal. I 1fi9f2007 MES Email correspondence with Fulton County Attorney Gerry Clark re~ardingbilfbard issue. Receive and review list of proposed sign Imtions in proposed global settlement. Telephone conversation with Johrts Cmk City Attorney Bill Riley and attorneys I~nrelHenderson. DanaMaine and Wendell Willard regding billboard issues. Total For Services Ba'tanceDue Tarrard & Davis 105 Pilgrim Village Drive, Suite 203 Curnming. GA 30040 Phone 678-455-7150 Facsimile 698-4557 149 City of Milton Attn: Kyle Jones 13000 Deerf~eFdParkvay Building 100 Alpharetta GA 30004 Re: Planninrr Commission Law Firm File # M-0026-1630 FOR PROFESSIONAL SERVICES WDERED SERVICES: DATE NAME DESCRIPTION--HOURS AMOUNT 1 1/27/2007 WS Email correspondence with Planning Commission member Cay Schlenke regatding questron of recusal on agenda item. 0.30 45.00 To& For Services Balancc Due - - Tarrard & Davis 105 Pilgrim Village Drive, Suite200 Cumming, GA 30043 Phone 678-455-7150 Facsimile 6784557149 City of Mi Iton Am: Kyle Jones 13000 Deefield Parkway Building 200 Alpharetta GA 30004 Re: Public Safety -General Law Finn File # M-0010-2410 FOR PROFESSIONAL SERVICES RENDERED DATE NAME DESCRIPTION HOURS AMOUNT 11I1 12007 MES Telephone conference with Chris kagerblrwm regarding personnel 1.80 270.00 issue with police oficer recruit and review standard operating procedure on firearms for application. Legal research in support of same. J f 1612007 MES Preparation fur and attendance at meeting witk Alpharetta public safety ../ 2.50 375.00 department officials regarding intergovernmental agrernent for mutual aid, 91 1 and automatic response. Follow up emails fiam Chris Lagerbloom se~ardingsame. 1113 4/2037 MES Review smmk on reimbursement ef police uflicer traitling expensesfor 1.10 165.00 details ofapplication to Ofice Eldridge. Telephone conversation with Jeanette Cittn to confirm his employment date. Draft agreement between City and Officer for reimbursement of training expenses to be paid to MARTA on his hehalf if he leaves employment sooner than 24 months. Total For Swvices City of Milton Page 2 Public Safety -General 1 1 1112007 Westlaw Research Disbursements TotaI Balance Due