HomeMy WebLinkAbout02-04-08 PacketCITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, February 4, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 08-495)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-496)
1. Approval of the December 6, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
7) REPORTS AND PRESENTATIONS
1. Presentation by the City of Milton Public Safety Foundation.
(Presented by Jan Fowler, Milton Public Safety Foundation)
8) FIRST PRESENTATION
(Agenda Item No. 08-497)
1. ZM07-07-005/VC07-014, Webb Road (No address for this parcel) - To request a Zoning
Modification to modify Condition 2a to modify the site plan (05Z-029) and a 3 part
Page 1 of 2
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 FEBRUARY 4, 2008 – 6:00 PM
concurrent variance: 1) To reduce the side yard setback from twenty (20) feet to ten (ten)
feet along the east and west property line (Article 8.1.3.C.) 2) To reduce the rear
minimum setback from twenty-five (25) feet to ten (10) feet along the south
property line (Article 8.1.3.D.); 3) To reduce the 10- foot landscape strip along the east,
west, and south property lines to allow for a retaining wall (Article 4.23.1.).
(Presented by Tom Wilson, Community Development Director)
9) UNFINISHED BUSINESS (none at this time)
10) NEW BUSINESS
(Agenda Item No. 08-498)
1. Approval of a Resolution Amending Resolution No. 08-01-10, a Resolution Appointing
Members to the City of Milton Construction Board of Adjustment and Appeals (District
4).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-499)
2. Approval of a Resolution Amending Resolution No. 08-01-16, a Resolution Appointing
Members to the City of Milton Bike & Pedestrian Path Committee (Districts 1, 2 and 4).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-500)
3. Approval of a Resolution of the City of Milton to Establish a Franchise Fee applicable to
holders of cable and video franchises issued by the State of Georgia.
(Presented by Mark Scott, City Attorney)
10. MAYOR AND COUNCIL REPORTS
11. STAFF REPORTS
1. Discussion on Agreement of mutual city limits boundary with the City of Alpharetta.
(Presented by Tom Wilson, Community Development Director)
12. EXECUTIVE SESSION (if needed)
(Agenda Item No. 08-501)
13. ADJOURNMENT
Page 2 of 2
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.
The minutes will be
Provided
electronically
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: February 4,2008
FROM: City Manager
AGENDA ITEM: ZM07-07-005PVC07-014, Webb Road (No address for this parcel) -To
request a Zoning Modification to modify Condition 2a to modify the site plan (052-029)
and a 3 part concurrent variance: 1) To reduce the side yard setback from twenty (20) feet to ten
(ten) feet along the east and west property line (Article 8.1.3.C.) 2) To reduce the rear
minimum setback fiom twenty-five (25) feet to ten (10) feet along the south
property line (Article 8.1.3.D.);3)To reduce the 10-foot Imdscape strip along the east,
west, and south property lines to allow for a retaining wall (Article 4.23.1 .).
MEETING DATE: Monday February 4,2008
BACKGROUND INFORMA TION: (Attach add!tmnal pages ifnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (1 YES K)NO
ClTY ATTORNEY REVIEW REQUIRED: ()YES &NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PETITION NUMBER(S):
ZM07-005
VC07-014
PROPERTY INFORMATION
ADDRESS Webb Road
DISTRICT, LAND LOT 2/2, 1048
OVERLAY DISTRICT State Route 9
EXISTING ZONING O-I (Office-Institutional) Z05 -029
EXISTING USE Undeveloped and single family residence
PROPOSED USE Office
PETITIONER Ken Morton, Webb Road Associates
ADDRESS 2915 Webb Road
PHONE 770-475-3138
APPLICANT’S REQUEST:
To modify Condition 2.a. of 05Z-029, to revise the approved site plan in order to
provide 33,286 square feet of two-story office buildings. The applicant is
requesting three concurrent variances:
1) To reduce the side yard setback from twenty feet to ten feet along the
east and west property lines (Article 8.1.3.C).
2) To reduce the minimum rear setback from twenty-five feet to ten feet
along the south property line (Article 8.1.3.D).
3) To reduce the ten foot landscape strip to the extent necessary to allow for
retaining wall within the ten foot landscape strip (Article 12G.4.A.2).
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM07-005 - APPROVAL W/ CONDITIONS
VC07-014 - PARTS 1-3 APPROVAL W/CONDITIONS
Prepared by the Community Development Department for the
Mayor and City Council Meeting on February 20, 2008
(X:Boards of Commissions/modifications/ZM07-005)
1/30/2008 Page 1 of 6
ZM07-005/VC07-014
Condition to be Modified:
(Z05-029)
1. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department on March 29, 2005 January 29, 2008. Said site plan is
conceptual only and must meet or exceed the requirements of
the Zoning Resolution Ordinance 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 the
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.
Analysis and Recommendation:
The subject site is currently undeveloped and has a single family residence,
which is zoned O-I (Office-Institutional) pursuant to Z05-029. The applicant is
requesting to modify the existing site plan to provide 33,286 square feet of two-
story office buildings.
It is Staff’s opinion that the proposed development of 3 – 2 story office buildings
is consistent with the future land use designation of the site. Staff is also of the
opinion that the proposed modification would have minimal adverse impact on
adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of
ZM07-005.
Concurrently, the applicant is requesting three variances; 1) To reduce the side
yard setback from twenty feet to ten feet along the east and west property
lines; 2) To reduce the minimum rear setback from twenty-five feet to ten feet
along the south property line; 3) To reduce the ten foot landscape strip to the
extent possible to allow for a retaining wall within the ten foot landscape strip.
Staff notes that the submitted site plan indicates that the encroachment into
the 50’ City stream buffer area is approximately 0.8 acres of structural
encroachment. Additionally, the site plan indicates that the 75’ non-impervious
setback contains approximately 0.6 acres. The applicant states that the lack of
buildable area, due to most of the site being dedicated to a stream buffer, is a
major hardship that is not self imposed.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on February 20, 2008
(X:Boards of Commissions/modifications/ZM07-005)
1/30/2008 Page 2 of 6
ZM07-005/VC07-014
Parking Space Analysis:
Requirement Spaces Required Spaces Provided
Office (35,840 sq. ft.)
3 spaces per 1,000 sq. ft. 3/1000 x 35,840 = 108 spaces
108 spaces 111 spaces (+3)
Retail (110,000 sq. ft.)
1 spaces per employee
1 space per 5,000 sq. ft
1 employee = 1 space
1/5000 x 111,000 = 22 spaces
23 spaces 23 spaces
TOTAL 131 spaces 134 spaces (+3)
Through the parking analysis of the submitted site plan, Staff notes that the
applicant meets the parking requirements as set out by Article 18.2.1. Staff
recommends that the applicant reduce the number of parking spaces by 3 to
provide more flexibility in the placement of the buildings.
Because of the required stream buffer and non-impervious setback that limits
the buildable area Staff is of the opinion that the applicant has presented a
hardship that is not self-imposed and recommends APPROVAL CONDITIONAL of
Parts 1-3 of VC07-014.
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (Z05-029, ZM07-005) should be revised to read as follows:
2. To the owners agreement to abide by the following:
a. To the revised site plan received by the Community
Development Department on January 29, 2008. (ZM07-005) This
site plan is conceptual only and must meet or exceed the
requirements of the Zoning Ordinance and these conditions prior
to the approval of a Land Disturbance Permit. 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 the
application for a Land Disturbance Permit. Unless otherwise
noted herein, compliance with all conditions shall be in place
prior to the issuance of the first Certificate of Occupancy.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on February 20, 2008
(X:Boards of Commissions/modifications/ZM07-005)
1/30/2008 Page 3 of 6
ZM07-005/VC07-014
3. To the owners’ agreement the following site development
considerations:
b. To provide a ten (10) foot building setback along the east
and west property lines (VC07-014, Part 1).
c. To provide a ten (10) foot building setback along the south
property line (VC07-014, Part 2).
d. To delete the ten (10) foot landscape strip to the extent
necessary to allow the retaining wall to encroach into the 10-
foot landscape strip along the south, east and west
property lines (VC07-014, Part 3).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on February 20, 2008
(X:Boards of Commissions/modifications/ZM07-005)
1/30/2008 Page 4 of 6
ZM07-005/VC07-014
ZM07-005 LOCATION MAP
Subject Site
Prepared by the Community Development Department for the
Mayor and City Council Meeting on February 20, 2008
(X:Boards of Commissions/modifications/ZM07-005)
1/30/2008 Page 5 of 6
ZM07-005/VC07-014
ZM07-005 SITE PLAN
Subject Site
Prepared by the Community Development Department for the
Mayor and City Council Meeting on February 20, 2008
(X:Boards of Commissions/modifications/ZM07-005)
1/30/2008 Page 6 of 6
ZM07-005/VC07-014
A(" City of Milton
1300 Deefield Parkway,Suite lD7. Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: February 4,2008
FROM: City Manager
AGENDA ITEM: Approval of a Resolution Amending Resolution No. 08-01-10, a
Resolution Appointing Members to the City of Milton Construction Board of Adjustment
and AppeaIs (District 4).
MEETING DATE: Monday February 4,2008
BACKGROUND INFORMATION: (Attach additional pages rf necessasu;)
See attached memorandum
I
APPROVAL BY CITY MANAGER: NAPPROVED
CITY ATTORNEY APPROVAL REQUIRED:
Cl7Y ArsoRNEY REVIEW REQUIRED:
()YES
() YES
(2 NOT APPROVED
@
?fNO
APPROVALBYCITYATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 020 If 08
REMARKS:
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-02-__
A RESOLUTION AMENDING RESOLUTION NO. 08-01-10, A RESOLUTION
APPOINTING MEMBERS TO THE CITY OF MILTON CONSTRUCTION BOARD
OF ADJUSTMENT AND APPEALS
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
February ____, 2008 at 6:00 p.m. as follows:
SECTION 1. That (To Be Determined) (District 1) is hereby appointed for a term
commencing February ___, 2008 and ending December 31, 2009 and,
SECTION 2.That (To Be Determined) (District 2) and (To Be Determined) (District 4)
are hereby appointed for a term commencing February ___, 2008 and ending December 31,
2011; and
SECTION 3. That this Resolution shall become effective upon its adoption.
RESOLVED this ____day of February, 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
(Y City of Milton
13000 Deerfield Parkway, Suite f 07,Miiton,Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: February 4, 2008
FROM: City Manager
AGENDA ITEM: Approval of a Resolution Amending Resolution No. 08-0 1-1 6, a
Resolution Appointing Members to the City of Milton Bike & Pedestrian Path Committee
(Districts 1,2 and 4)
MEETING DATE: Monday February 4, 2008
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER:
CITY A R-ORNEY APPRO VAL REQUIRED: () YES
() NOT APPROVED
HNO
CITY ATTORNEY REVIEW REQUIRED: [)YES $?NO
APPROVAL BY CITY ATTORNEY (3 APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 0 2 ~qo8
REMARKS:
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 08-01-__
A RESOLUTION AMENDING RESOLUTION NO. 08-01-16, 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
February ___, 2008 at 6:00 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:(To be Determined)shall be appointed by Councilmember Karen Thurman;
and
SECTION 3. (To be Determined)shall be appointed by Councilmember Burt Hewitt, and
(To be Determined)shall be appointed by Councilmember Julie Zahner Bailey; and
SECTION 5. Committee members shall serve terms consistent with the term of the elected
official who nominated them to the committee.
SECTION 6. That this Resolution shall become effective upon its adoption;
SECTION 7. That resolutions in conflict with this resolution are hereby repealed.
RESOLVED this ______day of February 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
A6" City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CIN COUNCIL AGENDA ITEM
TO: City Council DATE: February 4, 2008
FROM: City Manager
2. AGENDA ITEM: ApprovaI of a Resolution of the City of MiIton to Establish a
Franchise Fee applicable to holders of cable and video franchises issued by the Sfate of
Georgia.
MEnING DATE: Monday February 4,2008
BACKGROUND INFORMATION: (Attach additronal pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () NO TAPPROVED
CITY A rrORNEY APPROVAL REQUIRED: pd YES 0 NO
CITY ATTORNEY REVIEW REQUIRED: 0NO
APPROVAL BY CITYA~ORNEY KAPPROVED()NOTAPPROVED Am-9
PLACED ON AGENDA FOR: ozoq-8
REMARKS:
____________________________
___________________________
STATE OF GEORGIA RESOLUTION NO. 08-_____
COUNTY OF FULTON
A RESOLUTION OF THE CITY OF MILTON
TO ESTABLISH A FRANCHISE FEE APPLICABLE TO
HOLDERS OF CABLE AND VIDEO FRANCHISES
ISSUED BY THE STATE OF GEORGIA
The Council of the City of Milton hereby resolves while in regular session on the ___ day of February,
2008 at 6:00 p.m.:
WHEREAS, the City of Milton has received notice that an application has been filed with the Georgia
Secretary of State for a state franchise to provide cable and video service within the City of Milton; and
WHEREAS, pursuant to O.C.G.A. § 36-76-6(a)(1), the City of Milton is required to establish a franchise
fee rate and to notify the Secretary of State and applicants for such a franchise of said established rate;
and
WHEREAS the City of Milton currently collects a franchise fee from cable or video providers utilizing
public rights of way as compensation to the public for the use of the rights of way and as a means of
promoting the public health, safety, welfare and economic development of the City and to protect public
works infrastructure; and
WHEREAS, the City of Milton is authorized by federal and state law to collect a franchise fee of up to
5%, of each cable or video provider’s gross revenues generated within the City.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL, that pursuant
to O.C.G.A. § 36-76-1 et seq. that the City of Milton hereby establishes a franchise fee rate of five
percent (5%) for any state cable or video franchise providing services within the City of Milton; and
IT IS FURTHER RESOLVED that the City Staff is hereby directed to notify in writing the Secretary of
State and applicants for such franchises of the designated rate
RESOLVED this ___ day of February, 2008.
Approved:
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)