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Home My WebLink About03-17-08-PacketCITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, March 17, 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. 08-531) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 08-532) 1. Approval of the February 20, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-533) 2. Approval of the March 3, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-534) 3. Approval of the February 13, 2008 Special Called Work Session Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-535) 4. Approval of the Financial Statements for the period ending February, 2008. (Stacey Inglis, Finance Manager) 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 MARCH 17, 2008 – 6:00 PM (Agenda Item No. 08-536) 5. Approval of Land Development Final Plats 1) The Triple Crown III, LL 739 Revise lot lines lot 54 2) Triple Crown IV Unit 1 LL 773 Revise set backs lot 33 per ZM07-007-508 3) King Estates LL 616 2 lots 4) Vickery Crest I LL 1052, 1053, 1108 46 lots (Tom Wilson, Community Development Director) 7) REPORTS AND PRESENTATIONS (none at this time) 8) PUBLIC HEARING (Agenda Item No. 08-527) 1. Approval of a Resolution to approve transmittal of Community Assessment portion of comp Plan to Atlanta Regional Commission (ARC) and Department of Community Affairs (DCA). (This item was deferred on March 3, 2008.) (Presented by Tom Wilson, Community Development Director) 9) FIRST PRESENTATION (none at this time) 10) ZONING AGENDA (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 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.). (First Reading on February 4, 2008.) (Presented by Tom Wilson, Community Development Director) 2. (Agenda Item No. 08-523) U07-011/VC07-017 13620 Hopewell Road, Monticello Real Estate Invest, LLC, JT Adams – Use Permit for a Private School to be developed with 5 buildings for a total of 63,400 square feet with a maximum of 325 students for Kindergarten – 8th graders. The applicant is also requesting the following 5-part concurrent variance: 1) To reduce the building setback along the north property line from 100 feet to 85 feet (19.4.40.B.3) 2) To reduce the 75-foot buffer and 10-foot improvement setback to the extent necessary to all the septic field to encroach. (Article 12H.3.1C.2.) 3) To increase the 20 foot setback from the landscape strip to 500 feet. (12H.3.5.C.1) 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 MARCH 17, 2008 – 6:00 PM 4) To allow parking between the right of way and the building. (Article 12H.3.5.F.3) 5) To reduce parking from 171 spaces to 70 spaces (Article 18.2.1) (Presented by Tom Wilson, Community Development Director) (First Reading on March 3, 2008.) 3. (Agenda Item No. 08-524) U08-001/VC08-001 Land Road (No Address), Celestino Martinez - To obtain a use permit to develop a landscape business. The applicant is also requesting to following concurrent variance; To allow access from a local road (Article 19.4.27 Section B.1) (Presented by Tom Wilson, Community Development Director) (First Reading on March 3, 2008.) 11) UNFINISHED BUSINESS (Agenda Item No. 08-521) 1. Approval of Ordinance Adopting Chapter 17, Public Works, and providing for inclusion and identification in the Code of Ordinances for the City of Milton, Georgia to be referenced in the future as Chapter 17 (Public Works). (Presented by Dan Drake, Public Works Director) (Agenda Item No. 08-522) 2. Approval of an Ordinance Amending Chapter 15, Health and Public Safety, of the Code of Ordinances for the City of Milton, Georgia. (Presented by Lt. Matt Marietta, Planning and Emergency Management) 12) NEW BUSINESS (Agenda Item No. 08-537) 1. Approval of a grant application to the Department of Homeland Security for the Assistance to Firefighters Grant program sponsored by FEMA. (Presented by Lt. Matt Marietta, Planning and Emergency Management) (Agenda Item No. 08-538) 2. Approval of a Resolution to amend Resolution 08-01-08 to adopt the 2008 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. (Presented by Tom Wilson, community Development Director) (Agenda Item No. 08-539) 3. Approval of a Resolution Amending Resolution No. 08-03-25, a Resolution Appointing Members to the City of Milton Bike & Pedestrian Path Committee (District 2). (Presented by Tom Wilson, Community Development Director) 4. MAYOR AND COUNCIL REPORTS 5. STAFF REPORTS 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 MARCH 17, 2008 – 6:00 PM 6. EXECUTIVE SESSION (If needed) (Agenda Item No. 08-540) 7. 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. The minutes will be Provided electronically A("City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7,2008 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the period ending February, 2008. MEETING DATE: Monday March 17, 2008. Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: &APPROVED ClN A TTORNEY APPROVAL REQUIRED: 0 YES () NOTAPPROVED yh NO CITY ATTORNEY REVIEW REQUIRED: () YES %NO APPROVAL BY CINATTORNEY () APPROVED PLACED ON AGENDA FOR: 0.< , ,-,a () NOT APPROVED REMARKS: FINANCIAL STATEMENTS TO: The Honorable Mayor and City Councilmembers From: Stacey Inglis, Finance Manager CC: Chris Lagerbloom, lnterim City Manager Dan Drake, Public Wolks Director Tami Hanlin. Program Director Jeanette Marchiafava, CiiICourt Clerk Challes Miilican, lnterim Public Safety Director Tan Wilson, Community Development Director Dak 3i7/2008 Re: Financial Status Report for Period 5 -February 2008 OVERVIEW and FINANCIAL HIGHLIGHTS: The attached financial statements represent figures as of the close of period 5. February 2008. The financial status report is indented to provide a current budget-to-actual revenue & expenditure status of each fund. General Fund With 42% of the fiscal year lapsed, expenditures are averaging 32.4% of the budgeted amounts, while revenues are at 29.1%. We are currently in the pmcess of preparing mid-year budget adjustments. A part of this process is to trend out revenues and expenditures for the remainder of the year. We will have better data for you within the next two weeks as to where the finances stand Capital Pmject Fund Expenditures within this fund continue to occur on a project-by-pmject basis. With a total project expenditure budget of $1,919,762, capital expenditures-to-date total $128,769. LlNANClAL OPERATIONS: Tree ReDlacement Fund: Balance: $0 Sidewalk Re~lacement Fund: Balance: $35,561 c~tyof MlIton Statement of Revenues, Expenditurn, and Changes In Fund Balances Governmental Funds For the Period Ended February 29,2008 Total Operating Capital Governmental Hotel f Motel Grant Fund General Grant Fund Funds REVENUES Taxes: Property Tax Local Option Sales Tax Other Taxes Hotel IMotel Tax Licenses and permits Intergovernmental Charges for services FineslForfeitures Investment earnings Contributions and Donations Slate-Caplal-Direct Grant Other Total revenues EXPENDITURES Current: Vnallocated General government Public safetv Community Services Economic and community development Culture and recreation Capital outlay Total expendiiures Excess (deficiency) of revenues ~ ~ over (under) expenditures OTHER FINANCING SOURCES (USES1 Transfers in Transfers out Sale of capital assets Insurance Proceeds Capital lease proceeds Capital lease payment Note interest Insurance Proceeds Budgeted Fund Balance 4.000 4,394 Total other financing sources (uses) $ (1,411,889) $ 648.651 $ (14,509) 0 4.000 0 4,394 $ (845,860) Net change in fund balances (3,682,200) 626.163 4.292 (3.750) 100,259 (3,057,1931 Fund balances -beginning' 2,421.282 520.124 2,896.4W Fund balances -ending $ (1,260,918) $ 1,148,287 $ 4,292 $ (3.750) $ 100.259 $ (163.474) The accompanying notes to the Rnancial statements are an Integral part of this statement. 'Beginning fund balances are unaudited. Clly of Milton General Fund Statement of Revenues, Expenditures, and Changes In Fund Balancer -Budgeland Actual Forthe Period Ended February 29.2008 Original Budgeted Final Budgeted Cunent Period Year-toOate Variance with Final Budget - Amounk Amounts Act~ais ActuaB Posltlve (Negative) RNENUES Taxes: Prnpmrty Tax Local Option Sales Tax Business 1 OCC Tax Motor Vehide Tax Intangible Tax Real Estate Transfer Tax Almbl Beverage Excise Tax HotellMotei Excise Tax Financial lnsliiution Tax Penalties 6 Interest Licenses and Permits tntergavernmsntal Charger.fw Service: Franchise Fees Other Charges for SeMce FinesJFOrfeitureS lnvenment Earnings Contributions and Donatims Other Tdal revenues EXPENDINRES Cunent: General government Mayor and Council Clerk of me Council Cily Manager Pmgram Manwer Legal %N~CBS Municipal Court Operations Risk Management Public Information Operating Reserve Total General Government Pubic Safety Communay Services-Public Works Community Services-Parks 6 Rec Economic and Community Development Total expenditures Excess of revenues over expendlures OTHER FINANCING SOURCES (USES) Transfers out Transfers in Capital lease payment TAN interest COP principal Sale of capital assets lnsuranca pmds Total other financing sources and uses Net change in fund balames Fund balancss -beginning Fund balsncas -ending The acmrnpanying notes lo the financial statements am an integral part of this statement. Ciiof Milton Capital Project Fund Statement of Revenues. Epndiiures, and Changes in Fund Balances -Budget and Actual For the Period Ended February 29,3308 " Budgeted Amounts Flnal Budgeted Amounts Curmnt Period Actuab Year-to-Date Actuab Flnal Budget- Posltlve (Negative) REVENUES Charges fw Service Host Fees Solid Waste Fees Sidewalk Replacement Aaounl Taai revenues EXPENDITURES CapHal Outlay Unallmted: Public Safely Community Services -Public Works Community Services -Recreation 8 Parks Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from Genemi Fund Budgeted Fund Balance Total other finsnciw sources and ures Nel change ln fund balances Fund balances -beginning 520.124 520.124 Fund balances -ending The accompanying notes to the financial statements are an Integral part of Ulis statement Clty of Milton HotellMotel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual As of February 29.2008 Orlglnal Final Varlance wlth Budget Budgeted Current Period Year-to-Date Flnal Budget - Amounts Amounts Actuals Actuals Positive (Negatlve) REVENUES Taxes HoteVMotel Taxes $ 52.000 $ 52,000 S 5.048 $ 18,801 1 (33.1 99) Total revenues 52,000 S 52.000 $ 5,048 $ 18.801 $ (33,199) OTHER FINANCING SOURCES (USES) Transfers out to General Fund (52.000) S (52,000) 5 (5,048) $ (14.509) $ 37.491 Total other financing sources and uses $ (52.000) $ (52,000) $ (5.048) $ (14.509) $ 37.491 Net change in fund balances 4,292 4.292 Fund balances -beginning Fund balances -ending The accompanying notes to the financial statements are an integral part of this statement. city of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual As of February 29,2008 Original Final Variance with Budget Budgeted Current Period Project-to-Date Final Budget - Amounts Amounts Actuals Actuals Positive (Negative) REVENUES lntergovemmental Revenues $ State Grant -Operating Cat-Indirect 5 130,455 $ 130.455 S -5 11.250 S (119.205) Total revenues 130,455 $ 130.455 $ -$ 11.250 $ (1 19.205) EXPENDITURES Current: Community Development S 19.000 $ 19,000 $ 4.000 S 19.000 S Public Safety $ 142,800 $ 142,800 $ -5 -S 142.800 Total Expenditures $ 161,800 % 161.800 $ 4.000 $ 19,000 $ 142,800 Excess of revenues over expenditures (31.345) --(31.345) (4,000) (7,750) 23,595 pp OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 27.345 S 27.345 S -$ -$ (27.345) Budgeted Fund Balana, 4,000 4,000 4,000 Total other financing sources and uses 1 31.345 $ 31,345 % -$ 4,000 $ (27.345) Net change in fund balances (4.000) (3.750) (3,750) 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 February 29.2008 Orlglnal Original (L Final Variance wtth Budgeted Budgeted Current Period Project-to-Date Final Budget - Amounts Amounts Actuals Actuals PosiUve (Negative) REVENUES Intergovernmental Revenues State-Caoital-Direct Grant Contributions 8 Donations Total revenues WPENDWRES Capital Outlay Unallocated $ 50.000 $ 50.000 $ -0 -$ 50.000 Public Safety 142.892 142.892 142,892 Community Services -Public Works 281.000 281.000 385 280,615 Community Services -Recreation 8 Parks 70.000 70,000 70.000 Community Development 500.000 500,000 500.000 Total Capital Outlay $ 1,043.892 $ 1,043.892 $ -$ 385 $ 1.043.507 Excess of revenues aver expendiiures (154,394) (1 54.394) 95.865 250.259 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 150,000 $ 150.000 6 -$ -f (I 50,000) Budgeted Fund Balance 4.394 4.394 4.394 Total other financing sources and uses $ 154,394 $ 154.394 0 -$ 4,394 $ (150.000) Net change in fund balances 100.259 100,259 Fund balances -beginning Fund balances -ending The accompanying notes to the financial slatements are an integral part of this statement. PROCUREMENT STATUS To: The Honorable Mayor and City Councilmembers Fmm Stacey lnglis, Finance Manager Datk 3/7/2008 Re: Procurement Status Attached are hnro lists, one indicating purchase orders issued for the months of October 2007 to February 2008 and the other intended to provide information regarding all bids and requests for proposatfquote. If you have any questions regarding the procurement status updates or would like additional information, please do not hesitate to contact me. Thank you. PURCHASE ORDER STATUS 8 Oden Issued 15,000 - METHOD OF P.O. C Vendor DESCRIPTION DEPARTMENT AMOUNT PROCUREMENT STATUS Management Data Systems Annual Soflware Support and Upg rades Public Safety $ 6.000.00 Sole Source Completed Business Information Systems Brannen Motor Company Digital Recorder Public Safety Vehicles City CleK ICouns Public Safely $ S 8.272.00~~~ 97 237 00 Sole Source ~ State Contract Canceled Completed K-9 Concepts Purchase of K-9 Public Safety 5 12 000 00 Sole Source Completed Law Enforcement Supply Soeed Detection Devices Public Safely S 5.908 00 3 Written QJOteS Completed Motorola Mob lc and Portable Radoos Public Safety S 12.440.12 State Contract Completed Command Uniform Company Pol ce Depanrnent Unlforms Public Safety S 12.000.00 3 Written Quotes Smyma Police Dlstniuton Shotguns Public Safety S 5.725.00 3 Written Quotes Milton Tire and Auto Vehicle Maintenance Public Safety S 25.000.00 3 Wntten Quotes Municipal Emergency Services Fire Department Station Uniforms Public Safety S 30.000.00 Independence. MO Technical Innovation Digital Recorder City Clerk ICourts S 15,794.00 Sole Source Emory Heanhwre Staff Medical Director Public Safely S 17.550.00 Sole Source Municipal Code Corporation Codification of C-Ry Ordinances City Clerk 1 Courts $ 17,000.00 Sole Source Fonyth Mailing Postage for Comp Plan Surveys Community Development S 6,137.74 Sole Source Completed - El[-'t RFOt BID AND REOUEST FOR PROWSAUQUOTE STATUS October 2007 -February2008 DEPARTMENT DESCRIPTION CLOSING DATE AWARD DATE AWARD AMOUNT IED- There are currently no Bids IRFPs for Fiscal Year 2008. CAPITAL PROJECT REPORT Tos The Honorable Mayor and City Council members Fmn. Stacey lnglis Date 3172008 Re: Capital Project Status Attached is a status report for each active capital project funded by a City of Milton appropriation. The report indudes the project description, project budget, encumbrances and actual expenditures-todate. If you have any financial questions regarding these projects, please do not hesitate to contact me. Thank you. Attachment CITY OF MILTON CAPITAL PROJECT UPDATE As Of 2/29/2008 PROJECT 'PROPRIATIONS EXPENDITURE! ENCUMBRANr--REMAININGIAME BALANCE PUBLIC SAFETY Fire Station Improvements $ 50,000 $ 2,236 $ 4,950 $ 42.814 New Vehicles 97,237 97,237 - Replacement Vehicles 5.966 -5,966 Motorola Radios 3,106 3,106 -- Furnishings & Fixtures 17.443 5,143 -12.300 - -'ublic Sai $ -4,950 $ LO COMMUNITY SERVICES -ENGINEERING I PUBLIC WORKS Bridges & Dams Signage $ 30,000 $ -$ -$ 30,000 Stonwater Maintenance 100,000 -100,000 Pavement Management 988,541 -988,541 Signs and Signals 49,448 --49,448Maintenance Birmingham @ New Providence 280,800 280,800 Bethany @ Providence 90.000 -90.000 Freemanville @ Providence 268,500 -268,500 CITY OF MILTON CAPITAL PROJECT UPDATE As Of 2/29/2008 PROJECT IAME APPROPRIATIONS EXPENDITURES VIBRANCES REMAINING BALANC Traffic Calming 35,000 -35,000 TOTAL $ 1,842,Z COMMUNITY SERVICES -REC & PARKS -9- Parks Master Plan $ 30,000 $ -$ -$ 30.000 Park Improvements 90,4 Total -Reelparks $ 120,434 COMMUNITY DEVELOPMENT 325 $ 325 $ 1,500 1,500 5 88,609 11 8,609 Historic Preservation Ordinance $ 20,000 $ -$ -$ 20,000 Tree Preservation Ordinance 10,000 --10,000 Hwy 9 Design Guidelines 30,000 -30,000 Comprehensive Plan Update rota1 - C y Development 199,021 259,021 20,722 $ 0,722 178,299 238,299 T 5 2,395,4 Iz $ 7 - CITY OF MILTON OPERATING GRANTS UPDATE As Of 2/29/2008 PROJECT JAME APPROPRIATIONS EXPENDITURE! ENCUMBRANCES 7EMAINING BALANCE PUBLIC SAFETY SAFER Grant $ 115,~ Total -Communih $ 115,455Development COMMUNITY DEVELOPMENT $ - -$ $ $ i5 - 115,455 Legislative -Crabapple Update Total -Community elo~ment-Dev JUU 9 19,000 19,000 $ $ -$ TO ITAL OPE - CITY OF MILTON CAPITAL GRANT PROJECT UPDATE As Of 212912008 PROJECT NAME PPROPRIATION EXPENDITURES ENCUMBRANCES REMAINING BALANCE PUBLIC SAFETY Assistance to Firefighters Grant (Cascade) AED Units $ 87,892 $ 45.000 $ - $ 45.000 $ $ 87,892 - Fireman's Fund Grant Total -Public Safety Fire & Emergency Services PUBLIC WORKS $ 10,000 12,892- $ 10,000 $ 55,000 $ $ $ ',a92- Safe Routes $ 11,000 $ 281.000 Total -Public Works $ ,Jl,OOO $ -:REATION -Recreation Legislative -Bathroom Renovation $ 70,000 Total '0,000 COMMUNITY DEVELOPMENT $ 385 $ 385 $ -$ 69,615 69,615 -FN239 $ 500.000 $ -$ -$ 500.000 -Recreat I00- TOTAL CAPITAL G -(6 438,507 GRANT STATUS Memo To: The Honorable Mayor and City Council members Fmm: Stacey Inglis, Finance Manager Dstee 3/7/2008 Re: Grant Application and Award Status Attached is a status report for all grants that have been applied for as well as a list of grants in the research state and pending application. If you have any financial questions regarding these grant projects, please do not hesitate to contact me. Thank you. Attachment GRANT STATUS Novennber 2006 -GRANTSAP1 -... TOTAL LOCAL TOTAL TOTAL GRANT PROJECT FUND GRANT GRANTFUNDS MATCH APPROVAL EXPECTED GRANT FUNDS LOCAL MATCH APPUCATION NAME DEPARTMENT AMOUM REQUESTED REQUiRED STANS RESPONSE DATE AWARDED RECEIVED NEEDED CapitalLmd Assistance Grant AED UnirJ Public Sahl s 41,363 1 41.363 S -Appmved 04nOm7 1 42.000 1 31.500 1 Ld A sr,rtarice Grant Bell Memaral Restmom Capmlal 1 150.672 ! S -Appnved Mnm7 t 70.000 1 52.500 SRanovaloo communm SsNlser Crabapple Mater Plan Capital Lcd Assistance Grant communill oaalopmsm 15.W0 I $ 4.000 Appmvod OU30l07 t 15.OW S 11.2% S 4.000 2zi\,,iwLd Auintance Grant Reqavinp PmjaN &dws s m.0~s wo.~$ -~ppmMd mm7 s 500.~0 s -S Auismwto Firefightan Capital s 3540~$ 512.500 1 17.500 ~ndlng ceCQO7 2W7 Gnm P"bl,C Safety ~n~iolanceto C_-Syslm Csp8Ial S 87.882 $ 83.497 $ 4.385 Denisd 12lim7RreRghtsn 2007 Grant Pvbllc Safev SuppiemmY Turnout OperatingFireman's Fmd Gear Public Safely S 88.864 $ 88.964 S -Appd m1m7 S1O.WO 11o.m 50 ellSAFER Fire Psraonnel- 3 FF S 115ASS 1 115.455 1 -Psndiw ~ssistencela ~irefightsn Fi reSafely(LPle*atim Capllai $ 52.776 s 52,776 S 2.778 Pending2awl Grsa Publlc Safeh Bullel Pmof Vest BUII* Cap81 mrnbune 1R lnmo( Pending Pafinenhip FY 08 Pub,,, s* ms1ofwe "ee TOTAL P 1 1,402,122 1 1.380.227 1 28.673 -837,OW 1 105.250 1 4,WO- (U City of Milton 13000 Deerfield Parlcway,Suite 107, Millon, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2008 FROM: City Manager AGENDA ITEM: Approval of a Resolution to approve transmittal of Community Assessment portion of comp Plan to Atlanta Regional Commission (ARC) and Department of Community Affairs (DCA). (This item was deprred on March 3.2008.) MEETING DATE: Monday March 17,2008, Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Ij(APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES ()YES #NO pG, NO APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS. 0 3 17 8 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Community Development Director Date: February 22, 2008 for Submission onto the March 17, 2008 City Council Meeting Agenda Item: A Resolution Requesting the Transmittal of the Draft Community Assessment and Community Participation Program to the Atlanta Regional Commission and the State of Georgia Department of Community Affairs for Review CMO (City Manager’s Office) Recommendation: To approve the attached resolution requesting the consulting firm of BRPH, Inc. to transmit the draft City of Milton Community Assessment and Community Participation Program documentation to the Atlanta Regional Commission and the State of Georgia Department of Community Affairs for their review and comments. Background: In October 2007, a 16-person Comprehensive Plan Advisory Committee (CPAC) began the effort to assist in the development of the City of Milton’s inaugural Comprehensive Plan. Over the past five months CPAC, city staff, and the consulting firm for BRPH, Inc. has created draft Community Assessment and Community Participation Program documentation as part of the overall Comprehensive Plan process. The completion of the work for both the Community Assessment and Community Participation Program now positions the City of Milton to begin the third and final component of the Comprehensive Plan, the Community Agenda. These documents were prepared according to the Standards and Procedures for Local Comprehensive Planning effective May 1, 2005 and established by the Georgia Planning Act of 1989, and the required public hearing to be held on March 3, 2008. The draft Community Assessment and Community Participation Program will be sent to the Atlanta Regional Commission and the State of Georgia Department of Community Affairs for a 30 day review period. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Discussion: This resolution initiates the process of transmitting the draft Community Assessment and Community Participation Program to both the Atlanta Regional Commission and the State of Georgia Department of Community Affairs for their formal review and comments on the first two components of the City of Milton Comprehensive Plan. Upon completion of these regional and state reviews for both documents, the CPAC membership will then commence with the community-based involvement process as part of the Community Agenda, the third and final phase for the City of Milton Comprehensive Plan initiative. Concurrent Review: Tami Hanlin, Program Director ___________________________ STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-03- RESOLUTION REQUESTING THE TRANSMITTAL OF THE DRAFT COMMUNITY ASSESSMENT AND COMMUNITY PARTICIPATION PROGRAM TO THE ATLANTA REGIONAL COMMISSION AND THE STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on March ___, 2008 at 6:00 p.m. as follows: WHEREAS, the City of Milton has completed the draft Community Assessment and Community Participation Program documents as part of the 20-year Comprehensive Plan Update; and WHEREAS, a 16-person Comprehensive Plan Advisory Committee was appointed by Mayor and City Council to review and assist in the development of the draft Community Assessment and Community Participation Program; and WHEREAS, these documents were prepared according to the Standards and Procedures for Local Comprehensive Planning effective May 1, 2005 and established by the Georgia Planning Act of 1989, and the required public hearing was held on March 3, 2008. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Milton does hereby transmit the draft Community Assessment and Community Participation Program portion of the 20-Year Comprehensive Plan Update to the Atlanta Regional Commission and the State of Georgia Department of Community Affairs for official review. RESOLVED this ______ day of March 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) fs(U City of Milton 13000 befield Parkwah Suite 107, Milton, Georgia 3M04 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2008 FROM: City Manager AGENDA ITEM: ZM07-07-005NC07-014, 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 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 .). (First Reading on February 4,2008.) MEETING DATE: Monday March 17,2008,Regular Meeting BACKGROUND INFORMATION. (Attach aodrt~onal pages ~f necessary) See attached memorandum APPROVAL BY CITY MANAGER CITY ATTORNEY APPROVAL REQ CITY ATTORNEY REVIEW REQUIR r\) APPROVED UIRED: ED: 0 YES 0 YES ( ) NOT APPROVED P()NO ,@ NO APPROVAL BY CITYATTORNEY () APPROVED NOT APPROVED PLACED ON AGENDA FOR: REMARKS: @ , 2 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 20 feet to 10 feet along the east and west property lines (Article 8.1.3.C). 2) To reduce the minimum rear setback from 25 feet to 10 feet along the south property line (Article 8.1.3.D). 3) To reduce the 10-foot landscape strip to the extent necessary to allow for retaining wall within the 10-foot landscape strip (Article 12G.4.A.2). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM07-005 - APPROVAL W/ CONDITIONS VC07-014 - PARTS 1 and 2 - APPROVAL W/CONDITIONS VC07-014 – PART 3 - WITHDRAWAL Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 1 of 21 ZM07-005/VC07-014 ZM07-005 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 2 of 21 ZM07-005/VC07-014 REVISED SITE PLAN SUBMITTED FEBRUARY 28, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 3 of 21 Revised Site Plan Submitted February 5, 2008 & Plan Submitted to Board of Zoning Appeals Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 4 of 21 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. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution 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 zoned O-I (Office-Institutional) pursuant to Z05-029. Under the existing zoning, the Fulton County Board of Commissioners approved Office/Institutional and accessory uses at a maximum density of 12,844.32 square feet of gross floor area per acre zoned. Under the original 2005 rezoning, the associated legal description contained 3.34 acres permitting a total of 42,900 square feet to be developed. The chart below depicts the difference between the original zoning pursuant to Z05-029 and its maximum amount of square feet allowed and the current request for a modification of zoning pursuant to ZM07-005 and its associated legal description that currently contains 2.80 acres. This reduction in acreage was caused by the applicant’s previous rezoning pursuant to RZ07-018 that was approved by the Mayor & City Council on December 13, 2007 which included 0.54 acre that was originally within the original Z05-029 zoning as depicted on the diagram below. Z05-029 ZM07-005 Approved Density 12,844.32 Sq.ft./acre 12,844.32 Sq.ft./acre Acres 3.34 2.80 Proposed Square Feet Of Office 42,900 sq.ft. 33,286 sq.ft. Proposed Density 12,844.32 Sq.ft./acre 11,877.86 Sq.ft./acre Proposed Number of Buildings 4 buildings 3 buildings Proposed Bldg Height 2 stories 2 stories Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 5 of 21 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 6 of 21 Parking The revised site plan indicates 109 parking spaces. The Zoning Ordinance requires 3 parking spaces per 1,000 square feet of general office or 100 spaces for this development. It appears that the site plan is also in compliance with the requirement of a landscape island every 6th space except where the underground detention is located on the southern portion of the site. The applicant is also providing inter-parcel access with the parcel to the east. Requirement Spaces Required Spaces Provided Office (33,286 sq. ft.) 3 spaces per 1,000 sq. ft. 3/1000 x 33,286 = 100 spaces 100 spaces 109 spaces (+9) Stream Buffer Located on the site is a spring head and blue line stream (“state waters”) that begin on the southern portion of the site and flows to the north toward Webb Road. When the applicant’s rezoning Z05-029 was approved by the Fulton County Board of Commissioners on June 1, 2005, a 25-foot undisturbed stream buffer was required for this site. It was stated in the minutes of the meeting that although the Fulton County Stream buffer requirement had increased to 50 feet and an additional 25-foot impervious setback on May 4, 2005, the subject site was “grandfathered” and only required to meet the less restrictive undisturbed buffer of 25-feet. The State requires a 25-foot undisturbed buffer concurrently with the City’s 50 foot undisturbed buffer beginning at the point of wrested vegetation. An additional 25-foot impervious surface is required outside of the 50-foot undisturbed buffer for a total of 75 feet on each side of the stream bank (City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (a ) i. and ii.). See the diagram below: Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 7 of 21 ZM07-005/VC07-014 The applicant received a stream buffer variance for the State’s 25-foot buffer from the Corps of Engineers on June 29, 2005 to pipe the stream as well as a permit from the Georgia Environmental Protection Division’s Watershed Protection Branch on March 27, 2006. In addition, this project has been approved by the Fulton County Soil Water Conservation District on February 27, 2008. The applicant submitted a variance (V08-005) to be heard by the City of Milton Board of Zoning Appeals (BZA) on February 19, 2008 as required by City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (b). On February 26, 2008, the City of Milton BZA approved (Vote: 7-0) the variance with conditions as follows: 1. The pipe and rip rap shall be installed as shown on plans dated 8/6/07. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 8 of 21 ZM07-005/VC07-014 2. Other encroachments are allowed, as shown on plans, conditional to Mayor and City Council’s approval of the site plan. Based on the approval of the piping of the stream as shown on the site plan, the stream buffers and impervious setback are eliminated south of the headwall. Staff has confirmed with the State EPD that the buffer radials shown on the January 28th site plan are eliminated based on the approval of the installation of the pipe. Therefore, the February 28th, 2008 site plan shown on page 3 of this report reflects the removal of the radials above the headwall. It appears that the only encroachment into either the 50-foot undisturbed buffer and/or the 25-foot impervious setback is where the headwall encroaches approximately 20 feet into the impervious setback behind a proposed building. The City of Milton Board of Zoning Appeals approved the piping of the stream but the applicant’s request to encroach into the stream buffer and impervious setback is contingent on the Mayor and City Council’s approval of this application for modification of the site plan. City Arborist Tree #1 – 26” Pine: Tree is in good health. Parking may jeopardize the integrity of this tree. Tree #2 – 41” Oak: Declining large oak tree has four to five major branch failures and some tip dieback. The tree is growing on a slope and Stormwater is undermining the tree. Life expectancy of this tree is less than 20 years. Tree is destined for removal due to underground detention and parking. Trees #3 & #4 – 28” Poplars: Both healthy trees. Will be impacted or removed for building and/or parking. Tree #5 – 31” Poplar: Not to be disturbed, to remain. Tree #6 – 29” Poplar: Tree may be impacted by future road widening or deceleration lane. All trees that are removed or impacted shall have recompense. As many recompense trees as possible shall be planted on site. Any remaining recompense not planted will either be planted at a location determined by the Arborist or the cost of remaining trees plus installation cost will be contributed to the City Tree Fund. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 9 of 21 ZM07-005/VC07-014 Tree #2- 41” Oak Tree #2 – 41” Oak Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 10 of 21 ZM07-005/VC07-014 Tree #3 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 11 of 21 ZM07-005/VC07-014 Tree #4 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 12 of 21 Tree #6 - 29” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 13 of 21 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 14 of 21 The site plan shows compliance with the future land use designation and there is minimal impact of the existing 25-foot impervious setback. The surrounding zonings are C-1(Community Business), C-2 (Community Business) (where a 15 foot retaining wall abuts the subject site) and O-I (Office-Institutional) with exception of the AG-1 property to the west. Along this west property line the stream buffer remains as well as the required 25-foot undisturbed buffer adjacent to residential/AG-1 (Agricultural) zonings. In Staff’s opinion, the proposed modification of site plan will have a minimal adverse impact on adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM07-005 to modify condition 2a to modify the site plan for 05Z-029. CONCURRENT VARIANCES The applicant requested three concurrent variances in his original submission; 1) To reduce the side yard setback from 20 feet to 10 feet along the east and west property lines; 2) To reduce the minimum rear setback from 25 feet to 10 feet along the south property line; 3) To reduce the 10-foot landscape strip to the extent possible to allow for a retaining wall within the 10- foot landscape strip. Based on the applicant’s revised site plan submitted on February 28, 2008, Part 3 of the concurrent variance to reduce the 10-foot landscape strip is no longer necessary, therefore Staff recommends WITHDRAWAL of Part 3 of VC07-014. Pursuant to Article 22.3.1 of the City of Milton Zoning Ordinance, Staff is of the opinion that the strict application of the side yard setback may be relaxed due to extraordinary and exceptional conditions pertaining to this property due to its topography. Such strict application would create an unnecessary hardship for the owner while causing no detriment for the public. Attached are letters of support from the adjacent property owners that are affected by the requested reduction of building setbacks. The abutting properties are zoned C-1 (Community Business), C-2 (Community Business) and O-I (Office-Institutional) except for a portion of the western property line which is buffered by the stream and an additional 25-foot buffer adjacent to AG-1 (Agricultural). There is also a 15-foot high retaining wall along the subject site abutting the C-2 parcel (Katy’s Car Wash) along the east property line where the applicant is seeking the building setback reduction from 20 feet to 10 feet. Staff recommends that if the Mayor & City Council approves the concurrent variance to reduce the building setback, the applicant shall provide additional planting within the 10-foot landscape strip along the south property line and west property line adjacent to the property zoned C-1 (Community Business). Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 15 of 21 ZM07-005/VC07-014 Therefore, Staff recommends APPROVAL CONDITIONAL of Parts 1 and 2 of VC07 014. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 16 of 21 ZM07-005/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 February 28, 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. 3. To the owners’ agreement the following site development considerations: b. To provide a 10-foot building setback along the east and west property lines (VC07-014, Part 1). c. To provide a 10-foot building setback along the south property line (VC07-014, Part 2). d. To provide a 10-foot landscape strip planted to buffer standards along the south property line. e. To provide a 10-foot landscape strip planted to buffer standards along the west property line adjacent to C-1 (Community Business) including areas that are disturbed behind Building 3000 (SW Corner). Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 Page 17 of 21 ZM07-005/VC07-014 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 18 of 21 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 19 of 21 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 20 of 21 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2008 3/10/2008 ZM07-005/VC07-014 Page 21 of 21 A C City of Milton &$J 13000 D M P*, Suite 107. Mibn, Georgia 3DW4 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2008 FROM: City Manager AGENDA ITEM: U07-011NC07-017 13620 Hopewell Road, Monticello Real Estate Invest, LLC, JT Adams -Use Pennit for a Private School to be developed with 5 buildings for a total of 63,400 square feet with a maximum of 325 students for Kindergarten -gth graders. The applicant is also requesting the following 5-part concurrent variance: 1) To reduce the building setback along the north property line from 100 feet to 85 feet (19.4.40.B.3) 2) To reduce the 75-foot buffer and 1 0-foot improvement setback to the extent necessary to all the septic field to encroach. (Article 12H.3.1C.2.) 3) To increase the 20 foot setback from the landscape strip to 500 feet. (12H.3.5.C.l) 4) To allow parking between the right of way and the building. (Article 12H.3.5.F.3) 5) To reduce parking from 171 spaces to 70 spaces (Article 18.2.1) MEETING DATE: Monday March 17,2008,Regular Meeting BACKGROUND INFORMA TION. (Attacll addit~onal pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. I;$ APPROVED () NOT APPROVED CITYATTORNEYAPPROVAL REQ~IRED: () YES pd NO CITY ATTORNEY REVIEW REQUIRED: () Y APPROVAL BY CITYATORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 7, I 7C,F; REMARKS: PETITION NUMBER(S): U07-011/VC07-017 PROJECT NAME The Academy PROPERTY INFORMATION ADDRESS 13620 Hopewell Road DISTRICT, LAND LOT 2/2 909 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 22.15 EXISTING USE Single Family Residence PROPOSED USE Use Permit for a Private School for Kindergarten through 8th Grade up to 325 students (Article 19.4.40)* OWNER Jean Elizabeth Brown Smith & James Thomas Brown ADDRESS 13620 Hopewell Road PETITIONER/REPRESENTATIVE Monticello Real Estate Invest, LLC / J.T. Adams ADDRESS 8480 Holcomb Bridge Road, Suite 200 Alpharetta, GA 30022 PHONE 678-679-0365 INTENT To develop a private school with 5 buildings for a total of 63,400 square feet with a maximum of 325 students for Kindergarten – 8th graders. The applicant is also requesting the following 5-part concurrent variance: 1) To reduce the building setback along the north property line from 100 feet to 85 feet (19.4.40.B.3) 2) To reduce the 75-foot buffer and 10-foot improvement setback to the extent necessary to allow the septic fields to encroach. (Article 12H.3.1.C.2.) 3) To increase the maximum 20 foot setback from the landscape strip to 500 feet. (12H.3.5.C.1) 4) To allow parking between the right of way and the building. (Article 12H.3.5.F.3) 5) To reduce parking from 171 spaces to 70 spaces (Article 18.2.1)* Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 1 of 22 U07-011/VC07-017 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION January 29, 2008 U07-011 – DEFERRAL UNTIL FEBRUARY 26, 2008 VC07-017 – DEFERRAL UNTIL FEBRUARY 26, 2008 The applicant has requested a deferral to allow more time to work with the area residents. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U07-011 – WITHDRAWAL VC07-017 – WITHDRAWAL The applicant has requested a withdrawal of this petition without prejudice. CITY OF MILTON PLANNING COMMISSION February 26, 2008 U07-011 – WITHDRAWAL (7-0) VC07-017 – WITHDRAWAL (7-0) The applicant has requested a withdrawal of this petition without prejudice. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 2 of 22 U07-011/VC07-017 LOCATION MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 3 of 22 U07-011/VC07-017 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 4 of 22 U07-011/VC07-017 SITE PLAN RECEIVED – DECEMBER 6, 2007 3/10/2008 U07-011/VC07-017 Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 *Based on a revised letter of intent received January 31, 2008 Page 5 of 22 SUBJECT SITE LOOKING NORTH Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 6 of 22 U07-011/VC07-017 SUBJECT SITE – LOOKING WEST Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 7 of 22 U07-011/VC07-017 SUBJECT SITE – LOOKING EAST FROM REAR PROPERTY LINE SUBJECT SITE: The subject site is a 22.15 acre tract of agriculturally zoned land, located on the west side of Hopewell Road. There is a lake on the rear of the property and a 50’ buffer and 25’ non impervious buffer is required around it. The subject site is developed with a single-family residence. 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 Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 8 of 22 U07-011/VC07-017 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area Same land lot as subject site 1 U01-13 AG-1 (Agricultural) Chandler Academy 1,512.35 gross sq. ft. per acre Restricted to 60 students East 2 (AG-1) AG-1 (Agricultural) Sandy Creek Farms 1 unit per acre Est. 2,500 sq. ft. East 3 (AG-1) AG-1 (Agricultural) Scattered homes Min. 1 unit per acre Northeast 4 (AG-1) AG-1 (Agricultural) North Park Subdivision 1 unit per acre Est. 3,000 sq. ft. North 5 (AG-1) AG-1 (Agricultural) Scattered homes Min. 1 unit per acre West/Northwest 6 (AG-1) AG-1 (Agricultural) The Lake at Cooper Sandy 1 unit per acre Est. 3,000 sq. ft. South 7 (AG-1) AG-1 (Agricultural) Scattered homes Min. 1 unit per acre Further South 8 Z94-127 R-2A (Single Family Dwelling District) Conditional Brookshade 0.98 dwelling unit per acre 2,500 sq. ft. Same land lot as subject site 9 (AG-1) AG-1 (Agricultural) Single-family Min. 1 unit per acre Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 9 of 22 U07-011/VC07-017 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 10 of 22 U07-011/VC07-017 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 19.4.40. of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: x Encourage compatible institutional uses in neighborhoods and communities. x 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 private school is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will generate an increase in traffic but should be mitigated by the recommended conditions. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide the larger of 2 per classroom or one per 35 sq. ft. in largest assembly area, whichever is Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 11 of 22 U07-011/VC07-017 larger. There will be a total of 20 classrooms (40 spaces) and the largest assembly area is 6,000 square feet (171 spaces). Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. In addition, the Northwest Overlay District does not allow parking to be located to the front of a building and/or between a building and a right-of-way. The applicant has provided approximately 70 spaces, which does not meet the required number of spaces. The applicant is requesting concurrent variances to reduce parking and allow parking in front of the buildings. F. The amount and location of open space; The applicant’s site plan indicates that approximately half of the subject site is undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strip requirements will provide adequate screening for the proposed development. Staff notes that later in the report the requested variance to reduce the buffer is being recommended for denial. H. Hours and manner of operation; The applicant indicates that the hours of operation will be 7:00 am to 7:00 pm, Monday through Friday. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of lights on the adjacent properties. J. Ingress and egress to the property. The site plan indicates the existing curb cut that provides access to the existing house. It appears there is a drive further to the south but it does not connect with Hopewell Road. The City of Milton Transportation Engineer has determined that the entrance of the school should be located to north of the existing house because of the proposed location of the Milton Trail along the west side of Hopewell Road. Staff notes that Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 12 of 22 U07-011/VC07-017 there is an existing historic house built prior to Hopewell Road being developed, just north of the subject site that may be negatively impacted by a decelerate lane because of its close proximity to the street. Staff is of the opinion that a private school is an appropriate use for this location based on the above considerations. Therefore, Staff recommends APPROVAL CONDITIONAL of U07-011 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on December 6, 2007, Staff offers the following considerations: USE PERMIT STANDARDS The applicant’s site plan meets all of the special use standards required for private schools, except for Article 19.4.40 Section B.3 which states that buildings and refuse areas shall not be located within 100 feet of a residential district and/or AG-1 district used for single family. The applicant is requesting that the setback be reduced to 85’. It is Staff’s opinion that the private school may be arranged in a manner to accommodate the required one-hundred (100) foot setback from residential and AG-1 districts. The applicant has not shown evidence of a hardship that is not self-imposed. Therefore, Staff recommends DENIAL of Part 1 of the Concurrent Variance VC07-017. Northwest Overlay District BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant’s letter of intent has indicated that they will remain within these limits. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 of the Northwest Overlay District requires a 10-foot wide strip along the road. It is not shown on the site plan but it appears there is sufficient area to meet this standard. Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a seventy- five (75) foot-wide undisturbed buffer, with a 10’ improvement setback, which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant has stated that the septic fields are needed in the locations indicated on the site plan. Staff is of the Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 13 of 22 U07-011/VC07-017 opinion that the septic fields should be relocated so that the appropriate buffer is provided to protect the adjacent residences. The applicant has not shown evidence of a hardship that is not self-imposed. Therefore, Staff recommends DENIAL of Part 2 of the Concurrent Variance VC07-017 BUILDING SETBACKS Article 12H.3.5 Section C of the Northwest Overlay District requires a maximum 20-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way that are 0 to 400 feet from an intersection. The applicant’s site plan does not show compliance with the requirement. It appears that the building could be reconfigured in such a way as to meet this requirement. The applicant has not yet shown evidence of a hardship that is not self-imposed. Therefore, Staff recommends DENIAL of Part 3 of the Concurrent Variance VC07-017. LOCATION OF PARKING The applicant has requested a concurrent variance to allow parking between the street and the building. It appears that there is sufficient room to locate the parking to the rear of the main building if it is sited toward the right-of-way. It is Staff’s opinion that the applicant has not shown a hardship that is not self- imposed. Therefore, Staff recommends DENIAL of Part 4 of the Concurrent Variance VC07-017. 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 Private school with approximately twenty (20) classrooms and 6,000 sq. ft. assembly space x Greater of 2 spaces per classroom (40 spaces) or one per 35 sq. ft. in largest assembly area (171 spaces) 171 spaces required x 70 paved spaces 70 spaces provided Staff notes that the applicant is providing seventy (70) parking spaces, which does not meet the required one-hundred seventy-one (171) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. Staff notes that the applicant has indicated a hardship in meeting the required amount of parking spaces, as there are many site constraints consisting of wetland areas, the location of the septic field, and required buffers. In addition, the parking lot will be utilizing gravel parking to assist in the drainage of the site. Therefore, Staff recommends APPROVAL of Part 5 of the Concurrent Variance VC07-017. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 14 of 22 U07-011/VC07-017 OTHER CONSIDERATIONS The applicant has provided the following as additional building information: Administrative Building 16,000 sq. ft. Classroom Wings 41,000 sq. ft. Chapel/Auditorium 6,000 sq. ft.; seating for 300 persons Historic Structure TBD 400 sq. ft. Number of classrooms 20 Number of students Kindergarten thru eighth grade -325 Number of staff +/- 25 CITY ARBORIST The proposed development will not affect any specimen trees on the site and it has been determined that there are no blue line streams that flow through the site. PUBLIC INVOLVEMENT On January, 2, 2008 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were forty-four people in attendance from the community. One community member was concerned about the proposed developed, citing many unanswered questions. The applicants presented their plan to the Milton Design Review Board on January 8, 2008. Public Comments – Staff has received one phone call in opposition to the proposal from the owner of Chandler Academy that is located to the south of the subject site. Members of Staff have also met with 3 neighborhood residents to address their concerns about the proposed private school. City of Milton Design Review Board Meeting – January 8, 2008 The following recommendations were made by the DRB: x Increase buffer between septic field and adjacent property x Comply with Northwest Overlay requirements x No review by Board of hardships, only site plan. Public Notice Requirements The use permit petition was advertised in the Milton Herald on January 23, 2008 and the sign was installed before the required date of January 2, 2008 along the Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 15 of 22 U07-011/VC07-017 frontage of Hopewell Road. The notice of rezoning was sent, to adjacent property owners, on January 14, 2008. Because of the applicant’s request for a 30 day deferral, the notice was re-advertised on February 13, 2008, sign was updated on February 4, 2008, and notices resent on February 4, 2008. 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 private school is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Based on the request of the applicant to withdraw, Staff recommends WITHDRAWAL of U07-011/VC07-017. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 16 of 22 U07-011/VC07-017 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a private school (Article 19.4.40) 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 private school and accessory uses at a maximum density of 2,862.3 square feet per acre zoned or a total of 63,400 square feet, whichever is less. b. Restrict the number of students to 325. 2) To the owner’s agreement to abide by the following: a. To the site plan received by the Milton Community Development Department on December 6, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a. All building entrances shall have a direct connection to the sidewalk network. b. The site plan must provide adequate fire truck access to all buildings on site, in alleys and one-way conditions; as acceptable to the Transportation Engineer and Fire Marshal. c. Provide one multi bay bicycle rack at every building. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Prior to the approval of a Land Disturbance Permit, dedicate at no cost to the City of Milton, sufficient land as necessary to provide the Right of Way for the approved final site plan including the following: Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 17 of 22 U07-011/VC07-017 i. Provide the following improvements and necessary striping as approved by the Transportation Engineer for Milton: 1. All lanes in road improvement area shall be twelve feet wide. 2. SB Right turn lane on Hopewell Road at site driveway. 3. NB Left turn lane on Hopewell Road at site driveway. 4. Provide overlay and striping for full width of Hopewell Road the length of property lines plus any additional taper lengths necessary. ii. Provide at least 16 feet of right-of-way from the 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. iii. Provide a multi-use trail along the entire Hopewell Road frontage of the entire road improvements. 1. Trail along property to be ten feet wide and located at the back of the Right of Way. 2. Trail along road improvements to be ten feet wide and located four feet from the back of curb. Trail shall be no less than eight feet wide and two feet from the back of curb where feasible, as approved by the Director of Public Works. iv. Provide a black four-board equestrian style fence adjacent to the trail as approved by the Director of Community Development. v. Provide six foot wide concrete sidewalk connecting the multi use trail on Hopewell Road to the buildings on the site with a minimum five foot grass strip between the sidewalk and the back of curb/edge of pavement. b. Any new required entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton. i. Driveway access to the site shall be allowed approximately eighty-five feet north of existing 13620 Hopewell Road driveway and at a minimum distance to provide the necessary turn lane lengths required by the city of Milton for the existing right turn lane into Chandler Academy for such Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 18 of 22 U07-011/VC07-017 time this improvement may be required. There shall be no other access driveways allowed for this site. ii. The Hopewell Road access driveway to the school shall be a right/left in, left out, and right out driveway. This 3 lane section shall extend a minimum of 200’ or the 95% queue length, whichever is greater. 5) To the owner’s agreement to abide by the following: a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. b. The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Detention facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. c. The Developer shall utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. d. Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out. e. Provide for maximum slopes of 3:1 and a maximum disturbed area of sixteen acres open at any time as shown on the LDP phasing plan, as approved by the Stormwater Engineer. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 19 of 22 U07-011/VC07-017 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: x Site plan does not show all proposed improvements to site entrances including turn lanes x Analysis indicated drive on site plan does not meet spacing minimums x Show trip generation rates used for each land use in table x Drive location should be shifted to the north as recommended in the study to meet minimum spacing requirements. x Current GDOT practice on Traffic Signal Warrants is to exclude right turning volume when a separate right turn lane exists. At both intersections that signals are recommended, the significant majority of the volume is right turning. With the right turn volume, these intersections would likely meet signal warrants, but without the right turn volumes, it is likely that they would not meet warrants. A full warrant analysis should be done on these two intersections. x Site plan does not clearly indicate building uses. x Underground detention is shown. Why are the lakes not used? x Water quality features should be placed to protect the lake. x What is the wetland study area? x Septic system area on north property line does not seem like an appropriate area. x Show correct buffers on both lakes and on stream. x Clearly denote flood zones AE and X. x Provide bus route or drop off route. x Site plan does not show current conditions on the existing site south of this project including the right turn lane and sidewalk. x Delineate between vehicular and pedestrian paths on plan. x Is there a bridge/culvert over the wetland area? No Fulton County Health Department: x This department recommends that the applicant be required to connect the proposed development to public water available to the site. x Due to the inaccessibility of public sewer to serve the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, the “Design Limits for conventional or chamber Septic Tank Systems” for County Health Department as defined by Georgia Department of Natural Resource (DNR) are limited by size and subsurface introduction of effluents. Onsite sewage management systems having a septic tank capacity of greater than ten thousand (10,000) gallons, or where the total length of absorption trenches required, would exceed three thousand (3000) linear feet, or where the total absorption trench bottom area required, would exceed nine thousand (9000) square feet, will be governed and placed under the statutory authority and jurisdiction of the Department of Natural Resources. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 20 of 22 U07-011/VC07-017 x Due to the inaccessibility of public sanitary sewer to sewer the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, this department will require all necessary percolation and soil data, required layouts, and supportive data be submitted for review and determined acceptable prior to preliminary plat and/or Land Disturbance Permit (LDP) approval. x Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. x 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. x This facility must comply with the Fulton County Clean Indoor Air Ordinance. x If this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service permit prior to opening. x This department is requiring that all existing structures to be demolished must be inspected by a certified pest control operator to insure that the premise is rat free. If evidence of rodent infestation is found, the property must be baited prior to demotion. x 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. x If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. Fulton County Tax Assessor: Property Tax ID#: 22 -4770-0909-030-3 City of Milton Fire Marshal: Comments: x For the Hopewell private school-Possible increase in call volume for emergency services, water consumption demands will increase, traffic increase could slow response times, and access to the proposed building needs to be around the entire building and to allow parking between the building and right of way could pose a problem for emergency access. Public Safety x The public safety impact would be primarily traffic related, specifically during drop-off and pick-up times in the morning and afternoon. The projected enrollment of 325 students means up to 325 additional cars on Hopewell between 7:00 and 9:00 in the morning and 2:00 and 4:00 in the afternoon which may increase traffic congestion in the area. The school must have some means of managing parent-student traffic that does not result in traffic backing up and potentially blocking Hopewell Rd during these time periods. As a two lane road, the daily influx of these vehicles can adversely impact traffic in the area if the school has not developed a means of keeping the road clear of Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 21 of 22 U07-011/VC07-017 waiting parents before and after school. Potential traffic hazards include increased accidents, and restricted emergency vehicle access during these times due to the nature of the roads and traffic patterns on Hopewell Rd. Otherwise, the impact on public safety will be negligible. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 *Based on a revised letter of intent received January 31, 2008 Page 22 of 22 U07-011/VC07-017 q3) 4,AC City of Milton 13G30 Deerfield Pam, Suite 107.Milton, Gwrgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7. 2008 FROM: City Manager AGENDA ITEM: UOS-001NC08-001 Land Road (No Address), Celestino Martinez -To obtain a use permit to develop a landscape business. The applicant is also requesting to following concurrent variance; To allow access from a local road (Article 19.4.27 Section B.1) MEETING DATE: Monday March 17,2008, Regular Meeting BACKGROUND INFORMATION. (Attach add~tronal pages II necessary) See attached memorandum APPROVAL BY CITY MANAGER. [t) APPROVED () NOT APPROVED I CITY ATTORNEY APPROVAL REQUIRED: 0 YES )o NO CITY ATTORNEY REVIEW REQUIRED: ()YES (~QNo APPROVAL BY CITY ATTORNEY ()APPROVED () NOTAPPROVED PETITION NUMBER(S): U08-001/VC08-001 PROPERTY INFORMATION ADDRESS Land Road (gravel road) DISTRICT, LAND LOT 2/2 255 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 10.04 EXISTING USE Undeveloped PROPOSED USE Use Permit for a Landscape Business (Article 19.4.27) OWNER Celestino Martinez ADDRESS 16164 Hopewell Rd. PETITIONER/REPRESENTATIVE Celestino Martinez ADDRESS 16164 Hopewell Rd. Milton, GA 30004 PHONE 678-618-8375 INTENT To obtain a use permit to develop a landscape business. The applicant is also requesting a concurrent variance: 1) To allow access from a local road. (Article 19.4.27 Section B.1) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U08-001 – WITHDRAWAL VC08-001 – WITHDRAWAL The applicant has requested that the petition be withdrawn. CITY OF MILTON PLANNING COMMISSION RECOMMENDATION FEBRUARY 26, 2008 U08-001 – WITHDRAWAL VC08-001 – WITHDRAWAL Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 1 of 16 U08-001 LOCATION MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 2 of 16 U08-001 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 3 of 16 U08-001 SITE PLAN – January 10, 2008 3/10/2008 U08-001 Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 Page 4 of 16 SOUTHWEST VIEW OF SUBJECT SITE FROM LAND ROAD PROPERTIES TO THE NORTH OF SUBJECT SITE 3/10/2008 U08-001 Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 Page 5 of 16 SOUTH VIEW OF SUBJECT SITE FROM LAND ROAD SUBJECT SITE: The subject site is a 10.04 acre tract of agriculturally zoned land, located on the southern and western side of Land Road. The subject site is currently undeveloped, but is used as a staging ground for a landscape business. 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 Meeting on March 17, 2008 3/10/2008 Page 6 of 16 U08-001 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North/Northwest 1 (AG-1) AG-1 Agricultural Scattered homes Min. 1 unit/acre Northeast 2 (AG-1) AG-1 Agricultural Undeveloped Min. 1 unit/acre East 3 (AG-1) AG-1 Agricultural Korean Christian Prayer Ministries Min. 1 unit/acre South/West 4 (AG-1) AG-1 Agricultural Scattered homes Min. 1 unit/acre Further South 5 (AG-1) AG-1 Agricultural Scattered homes Min. 1 unit/acre Southwest 6 (AG-1) AG-1 Agricultural Undeveloped Min. 1 unit/acre Further Southwest/West 7 (AG-1) AG-1 Agricultural Scattered homes Min. 1 unit/acre Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 7 of 16 U08-001 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 8 of 16 U08-001 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27. of the Zoning Ordinance, the proposed development may be consistent with the intent and following policies of the Comprehensive Plan: x 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 landscape business may be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; It is Staff’s opinion that the proposed use will generate a minimal increase in traffic. However, the location of the subject site on a local street is inconsistent with development standards per Article 19.4.27. There are deliveries made by 18 wheel semi-trucks to the site that have a negative impact on the area and the gravel road. Staff is of the opinion that this proposed use would have a negative impact on surrounding residentially developed properties. E. The location and number of off-street parking spaces; Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 9 of 16 U08-001 Article 18.2.1 requires the applicant to provide a minimum of 3 parking spaces per 1,000 sq. ft. of general office space. Article 19.4.27 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates 4 parking spaces which does not meet the requirements set by Article 18.2.1. However, it appears the applicant can meet the minimum requirements of Article 18.2.1. F. The amount and location of open space; The applicant’s site plan indicates that the subject site is undeveloped. Staff is of the opinion that the proposed development may 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. To help further screen the landscape materials from adjacent properties to the north, Staff recommends an 8’ high opaque fence along the frontage of Land Road where residential structures are located across the street. H. Hours and manner of operation; The applicant states that the hours of operation will be from 7:00am to 7:00pm, Monday through Friday, which conforms to the hours of operation standards in Article 19.4.27. Staff notes that delivery of materials occurs before 7:00am. 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 any possible lights on the adjacent properties. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut. The proposed curb cut is located east of the existing curb cut that is being currently utilized. Staff notes that the applicant is proposing a gravel drive. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 10 of 16 U08-001 Staff notes that access from the subject site to a local road is not permitted within the development standards of Article 19.4.27. Furthermore, Staff is of the opinion that access to the subject site from a local road would cause unnecessary detriment to nearby property owners, and that delivery truck traffic would not be conducive to a residential environment. Therefore, Staff recommends DENIAL of VC08 001. Lastly, Staff notes that there is no possible solution to mitigate access from a local road to the subject site due to its location and recommends DENIAL of U08-001. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 10, 2008, Staff offers the following considerations: Northwest Overlay District BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant has not specifically indicated the height of the proposed structure, but must meet this standard before obtaining a building permit. If approved, the applicant’s proposed building would require a review by the City of Milton Design Review Board prior to the issuance of a building permit. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10 foot-wide landscape strip along all public streets, and it appears that the applicant has met this requirement. Furthermore, Article 12H.3.1 Section C.2 of the Northwest Overlay District requires a seventy-five (75) foot-wide undisturbed buffer, with a 10’ improvement setback, which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. In Staff’s opinion, it appears that the applicant has met this requirement. BUILDING SETBACKS Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. The applicant’s fails to meet this Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 11 of 16 U08-001 requirement based on the submitted site plan, but it appears that the applicant can meet this standard. 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 x General Office x 3 spaces per 1,000 sq. ft. of x 4 paved spaces (1,600 sq. ft.) building area. (6 spaces) Total 1,600 sq. ft. 6 spaces required 4 spaces provided Staff notes that the applicant is providing four (4) parking spaces, which does not meet the required six (6) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. It appears that the applicant can meet parking requirements. Staff notes that the site plan is in compliance with the landscape and layout requirements of Article 12H.3.1 Section B. OTHER CONSIDERATIONS Staff is of the opinion that further buffering from adjacent property owners is necessary. Therefore, the applicant should construct an 8’ opaque fence on the north and east property lines to shield the use from nearby property owners. CITY ARBORIST An area was cleared of trees to make way for a drive, storage and parking. Reviewing the existing vegetation and aerial photos, it appears much of the removal consisted of pine trees. However, it cannot be determined if there were any specimen trees removed during the process. Trees removed were chipped on site. Not an excessive amount of wood chips was noticed, which could possibly indicate few or small trees were removed. Site does exceed the required density units. PUBLIC INVOLVEMENT On January 23, 2008 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were two individuals from the community who were in attendance at the meeting. The applicants will be presenting their plan to the Milton Design Review Board on February 5, 2008. Public Comments – Staff has received phone calls and emails from nearby residents. One property owner across the street from the subject site is Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 12 of 16 U08-001 discontent with the proposed landscaping business, and states that large delivery and construction trucks currently come and go to the subject site throughout the day and night, especially early in the morning. Staff notes that there have been concerns by local residents that the applicant is storing muriatic acid at the subject site. In a recent site visit, Staff was unable to locate any containers containing muriatic acid. Staff met with the adjacent property owners to discuss issues prior to the Planning Commission Meeting on February 26, 2008. City of Milton Design Review Board Meeting – February 5, 2008 The following recommendations were made by the DRB: x The applicant must bring back a plan for the garage if the use is approved by City Council. Public Notice Requirements The use permit petition was advertised in the Milton Herald on February 13, 2008 and the sign was installed before the required date of February 6, 2008 along the frontage of Land Road. The notice of rezoning was sent, to adjacent property owners, on February 6, 2008. CONCLUSION Staff notes that access from the subject site to a local road is not permitted within the development standards of Article 19.4.27. Furthermore, Staff is of the opinion that access to the subject site from a local road would cause unnecessary detriment to nearby property owners, and that delivery truck traffic would not be conducive to a residential environment. Therefore, Staff recommends DENIAL of VC08-001. Lastly, Staff notes that there is no possible solution to mitigate access from a local road to the subject site due to its location and recommends DENIAL of U08-001. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 13 of 16 U08-001 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Landscaping business and accessory uses at a total of 1,600 square feet of office space. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on January 10, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a truck routing plan and turning template for largest vehicle type that will be accessing the site and show turnaround of vehicle on site only using one driveway 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Driveway shall meet City of Milton Commercial Driveway Standards; driveway design shall be approved by the Director of Public Works i. Driveway shall intersect perpendicular to Land Road and extend 100’ at this ninety degree angle b) One driveway access shall be allowed within 40’ to the East of the West property line of Tract 1 c) Commercial/heavy vehicle access to the site shall only be from Hopewell Road Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 14 of 16 U08-001 d) Sight distance shall be provided according to City of Milton Standards; any improvements to meet this requirement shall be complete before land disturbance permit 5) To the owner’s agreement to abide by the following: a) Provide and size a culvert at proposed driveway location; driveway apron shall be concrete and design shall be approved by the Director of Public Works. b) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. c) The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Detention facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. d) The Developer shall utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. e) Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 15 of 16 U08-001 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: Comments: x Since this proposed development constitutes a premise where people work, live or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. x This facility must comply with the Fulton County Clean Indoor Air Ordinance. x The Fulton County Health Department recommends that this proposed development be approved, provided the internal plumbing is inspected an adequate for the proposed use. x 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. x Plans of this facility must be submitted to this department for review and approval. Fulton County Tax Assessor: Property Tax ID#: 22 -5160-0255-070-4, 22 -5160-0255-071-2 Drainage: Flood Plain: No Flood Plain City of Milton Fire Marshal: Comments: x The proposed landscape business would have a minimal impact on police. Public Safety: No Comment. Prepared by the Community Development Department for the Mayor & City Council Meeting on March 17, 2008 3/10/2008 Page 16 of 16 U08-001 City of Milton <3) 13000 DeeM Pahay, Suite 107,Milton, Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7.2008 FROM: City Manager AGENDA ITEM: Approval of Ordinance Adopting Chapter 17, Public Works, and providing for inclusion and identification in the Code of Ordinances for the City of Milton, Georgia to be referenced in the future as Chapter 17 (Public Works). MEETING DATE: Monday March 17,2008.Regular Meeting BACKGROUND INFORMA JlON (Attach additron~l pages rf necessary, See attached memorandum APPROVAL BY CITY MANAGER CITY ATTORNEY APPROVAL REQ 4 APPRO, .,, UIRED: VED () NOT APPROVED ()NO CITY ATTORNEY REVIEW REQUIRED: WYES ()NO APPROVAL BY CITYATTORNEY ()APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: L) 7, I -I c 8 REMARKS: City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Daniel E. Drake, Director of Public Works Date: February 22, 2008 for Submission onto the March 3, 2008 City Council Meeting for First Presentation and the March 17, 2008 Regular Meeting for Second Reading Agenda Item: Approval of Ordinance Regulating Garbage and Solid Waste Public Works Recommendation: Adopt the attached ordinance providing for regulation of Garbage and Solid Waste. Background: The City must adopt an ordinance by which solid waste collection and litter are regulated. Even though Council adopted an ordinance 06-11-04 in November 2006, that established how solid waste collection services may be provided by a private provider within the City of Milton, it did not cover the general regulation of garbage and litter, as well as the option for the City provide the services for a fee. Discussion: Article I of the ordinance provides regulations on littering, medical waste handling, the ability for the city to contract for waste hauling services, and the ability for the City to charge fees for such services. Without this ordinance, the City would be unable to regulate litter prevention activities and charge fees for waste hauling. Alternatives: None. Concurrent Review: Chris Lagerbloom, Acting City Manager ____________________________ _____________________________ ORDINANCE NO. 2008-______ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 17, ORDINANCE REGULATING PUBLIC WORKS, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE FUTURE AS CHAPTER 17 (PUBLIC WORKS) AS ATTACHED HERETO AND INCORPORATED HEREIN The Council of the City of Milton hereby ordains while in session on the ______ day of ___________, 2008 at _____ pm. as follows: SECTION 1. That the Ordinance relating to Public Works is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. That this Ordinance shall be designated as Chapter 17 of the Code of Ordinances of the City of Milton, Georgia; and, SECTION 3. This Ordinance is effective on the date shown below and, ORDAINED this the _____ day of ________________, 2008. Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) Chapter 17: Public Works Article 1: Garbage and Solid Waste. Section 1: Definitions. This Article regulates the collection and disposal of waste and garbage, including, but not limited to all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily disposed from residences, churches, schools, small business establishments, and other such places. Animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets shall not constitute “garbage”, but shall constitute “other waste.” Waste also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. Section 2: Right to Contract. The City is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the City. In addition, the City may sell franchise rights in garbage collection to third parties. Section 3: Collection of Fees. (a) The City may levy fees against residents specifically for the disposal and collection of waste generated in the City. Such funds shall go exclusively towards collecting and disposing of City waste. (b) The City Accountant shall prepare recommendations to the Council regarding fees to be charged for waste disposal. The City Accountant shall request proposals for the recycling of waste and make a subsequent recommendation to the Council regarding the feasibility and cost of a recycling program. (c) The City may levy different fees against commercial entities and residential property. The City may also levy different fees based on size or property, number of residents, or other factors recommended by the City Accountant. Section 4: Medical Waste. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. Page 1 of 2 Section 5: Littering Prohibited. (a) Acts Defined. (i) Public Littering. It shall be unlawful for any person, firm or corporation, in person or by his agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the City or the river, creek, branch, public water, drain, sewer, or receiving basin within the jurisdiction of the City, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person, firm, or corporation cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the jurisdiction of the City in such manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided, that this section shall not apply to the deposit of material under a permit authorized by any ordinance of the City; or to goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed therefrom within 2 hours after being so deposited; or to articles or things deposited in or conducted into the City sewer system through lawful drains in accordance with the ordinances of the City relating thereto. (ii) Private Littering. The acts described in Section (5)(a)(i) of this Article shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this Article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the City Court of Milton, the Mayor and Council may after notice and a hearing revoke the business license of the violator. Page 2 of 2 4 A City of MiltonCJ) 13000 Mld Parkwh Suite 107, Milw Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2008 FROM: City Manager AGENDA ITEM: Approval of an Ordinance Amending Chapter 15, Health and Public Safety, of the Code of Ordinances for the City of Milton, Georgia. MEETING DATE: Monday March 17,2008, Regular Meeting BACKGROUND INFORMATION: (Attach additfonal pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: b) APPROVED CITY ArrORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: )('( YES YES ( ) NOT APPROVED 0 NO 0 NO APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS: -3 ,-, p City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Capt. Chad McGiboney, Fire Marshal and ML Marietta, Planning Section, Milton Department of Public Safety Date: Submitted on February 11, 2008 for the March 3, 2008 Council Meeting for First Presentation and the March 17, 2008 Regular Meeting for Second Reading Agenda Item: Approval of an ordinance requiring the installation of a key lockbox on the exterior of certain structures and on the gates at certain business and residential complexes for fire safety purposes. CMO (City Manager’s Office) Recommendation: Adopt the attached Ordinance approving the addition of an ordinance requiring the installation of a key lockbox on both the exterior of certain structures (as designated by the Fire Marshal) and on access-control gates at both business and multi-family residential complexes, and authorizing the Fire Marshal and/or other appropriate City departments to execute all required permitting, inspection and regulation to ensure the safety of our citizens and commercial interests. Background: The purpose of the key lockbox system is to provide access to business and large commercial and/or residential complexes that are secured either through a gate or through a locked door, primarily in times of emergency when such security systems would prevent access of essential public safety personnel and apparatus. Discussion Many of the master-planned residential complexes within the City limits have opted to install security gates to control vehicular and even pedestrian access to the property. This is primarily done in the interest of deterring criminal activity by making entrance and escape more difficult for anyone who does not have an explicit purpose for being on the circumscribed property. Similarly, business often restrict access (especially after-hours) in the same interest. However, in the event of a fire, fire alarm, burglary-in-progress or other emergency, these security measures can prevent the responding firefighters and police officers from reaching the location of the emergency. Though of routine benefit, these security devices may therefore become a liability in the event of a public safety incident. To counteract this, and to allow essential public safety personnel access to the restricted areas in the event of a bona fide emergency, a commercially available key lockbox system has been developed. In this way, police and firefighters would have the controlled ability to open gates and doors when there is not a key-holder on site during the emergency. In order to ensure uniform deployment of the lockbox system, municipalities most often incorporate the requirements for the system into their building and fire regulations. The fire marshal and 1 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 building officials then regulate the application of this system in accordance with professional guidelines. This agenda item therefore includes the mandate for the deployment of the lockbox system, a suggested ordinance for the application and enforcement of the system, and the provision of regulation authority to the Fire Marshal and his or her designee to ensure the proper maintenance and compliance with the ordinance’s requirements. Finally, the fire code gives the City and the Fire Marshal the authority to require this or a similar device. Funding and Fiscal Impact: The cost of the system is primarily borne by the developers and business owners as part of their construction and occupancy/licensing requirements as currently regulated by the Fire Marshal. However, the City will incur approximately $5,900.00 in the installation of the access and tracking equipment in the various fire and police apparatus so that emergency personnel may access the key box located at the individual business and gated complexes. There is no reported recurring costs. Additionally, since the system is keyed specifically for the public safety entity in their municipality (to prevent unauthorized outside access), the City may be required to absorb the cost to re-key the minority of business that already have a system installed to Fulton County’s specifications. The cost involved in this re-keying is expected to be minimal. Alternatives: This key lockbox system provides the most comprehensive system in the most cost efficient manner possible. Currently, fire and police either wait on a key holder, or force entrance in extreme emergency situations. Several of the access control gates in the City have an emergency number that can be used to open the gate. However, these numbers are not regulated and are coded by the individual property manager and changed at non-specified intervals (which may result in codes being changed without public safety personnel being informed of the change). Concurrent Review: Chris Lagerbloom, Interim City Manager Charles Millican, Interim Public Safety Director 2 ____________________________ _____________________________ ORDINANCE NO. 2008-______ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 15, ARTICLE 3, HEALTH AND PUBLIC SAFETY, OF THE CITY OF MILTON CODE OF ORDINANCE, REQUIRING GATE ACCESS TO HAVE A KEY LOCK BOX INSTALLED ON THE ENTRANCE SIDE FOR EMERGENCY ACCESS PURPOSES and REQUIRING CERTAIN BUILDINGS TO HAVE A KEY LOCK BOX INSTALLED FOR EMERGENCY ACCESS PURPOSES The Council of the City of Milton hereby ordains while in regular session on the ______ day of ___________, 2008 at _____ pm. as follows: SECTION 1. That the Health and Public Safety Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. That this Ordinance shall be designated as Chapter 15 of the Code of Ordinances of the City of Milton, Georgia; and, SECTION 3. This Ordinance is effective _________________. ORDAINED this the _____ day of ________________, 2008. Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) Chapter 15: Health and Public Safety Article 1: Overall Purpose The purpose of this chapter is to provide for the health and safety of the citizens of the City of Milton. Article 2: Emergency Management Services Section 1: Purpose The purposes of this section are to: (a) Reduce vulnerability of people and the community to damage, injury and loss of life and property resulting from natural or manmade catastrophes, riots or hostile military or paramilitary action. (b) Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster. (c) Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters. (d) Clarify and strengthen the roles of the mayor, city council, city administrator and city departments in prevention of, preparation for, response to and recovery from disasters. (e) Authorize and provide for cooperation of activities relating to disaster prevention, preparedness, response and recovery. (f) Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response and recovery by departments and officers of the city, agencies of the private sector and similar activities in which the federal government, the state and its political subdivisions may participate. (g) Provide a disaster management system embodying all aspects of pre-disaster preparedness and post-disaster response. Section 2: Emergency Defined. As used in this Article, “ emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, disease, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or the imminent threat of war. Such term shall not include conditions resulting from a labor controversy, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the city, requiring the combined forces of other political subdivisions to combat. Page 1 of 18 Section 3: Director of Emergency Management Services. The office of the director of emergency management services is hereby created. The mayor, with the consent of the city council, shall nominate for appointment by the governor, a director, whose duties, upon appointment, shall be as follows: (a) to represent the mayor on all matters pertaining to emergency management; (b) to coordinate the development of community-wide emergency preparedness; (c) to develop an emergency and disaster operations plan for effective mobilization of all the resources of the city, both private and public; (d) to prepare and recommend for approval by the city council mutual aid programs and agreements between other local governments and the city; (e) to prepare and effectuate legal action for continuity of government in the event of emergency; (f) to coordinate and advise government departments in development and implementation of the emergency and disaster operations plan and other required agencies or groups; (g) during periods of emergency to obtain vital supplies and equipment lacking, needed for the protection of life and property of people and bind the city for the value thereof and if required immediately, requisition same. (h) to procure federal and state assistance through emergency management channels and through federal assistance programs in such areas as law enforcement, highway safety, ambulance procurement, or emergency medical services and others. In addition to the above duties, the director of emergency management services shall be responsible during an emergency to advise the mayor in operational situations, public information and privileged information implementation of the emergency plan, to direct and coordinate the activities of the emergency operation center staff, and to assist the mayor in assuring the execution of operations plans and procedures required by the emergency. Section 4: Disaster Plan. The director shall prepare a comprehensive disaster basic plan which shall be adopted and maintained by resolution of the council upon the recommendations of the director. Incorporated into such plan and expressly made a part thereof, shall be a crisis communications plan. In the preparation of this plan as it pertains to city organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies be used to the fullest extent. The disaster plan shall be considered supplementary to this ordinance and have the effect of law whenever emergencies have been proclaimed. State law Reference O.C.G.A. § 49-5-233 - 2 Section 5: Emergency; Special Powers. In the event of man-made or natural disaster, mass electrical failure, rioting, actual enemy attack upon the United States or any other emergency which may affect the lives and property, the mayor may declare that a state of emergency exists by written proclamation setting out the circumstances of the emergency and thereafter the mayor, or in his/her absence, the mayor pro tem or city administrator, shall have and may exercise for any period as this state of emergency exists or continues, the following emergency powers: (a) to enforce all rules, laws and regulations relating to emergency management and to assume direct operational control over all emergency management resources; (b) to seize, take for temporary use, or condemn any property for the protection of the public; (c) to sell, lend, give or distribute all or any property or supplies among the inhabitants of the city; to maintain a strict accounting of property or supplies distributed and for funds received for the property or supplies; (d) to declare a limited or general curfew as may be needed to restore public order; (e) ordering the closing of any business; (f) closing to public access any public building, street or other public place; (g) to prohibit or regulate the possession, sale or use of explosives, gasoline or other flammable liquids, firearms, ammunition, or dangerous weapons of any kind; and (h) to perform and exercise any other functions and duties and take any emergency actions as may be necessary to promote and secure the safety, protection and well being of the inhabitants of the city. Section 6: Mutual Aid. In periods of local emergency, the city is granted full power to provide mutual aid to any affected area in accordance with local laws, ordinances, resolutions, emergency plans or agreements therefor. The city may request from state agencies mutual aid, including personnel, equipment and other available resources to assist the city during the local emergency plans or at the directions of the governor. Section 7: Civil Liabilities. (a) The city shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of the city or any employee of the city excepting willful misconduct, gross negligence or bad faith of any such employee, in carrying out emergency services as defined in Article 2 above. (b) The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability workers’ compensation and other benefits which apply to the activity of officers, agents or employees of the city when performing their respective functions within the territorial limits of the city shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra territorially under the provisions of this chapter, excepting willful misconduct, gross negligence, or bad faith. - 3 (c) Volunteers duly enrolled or registered with the city in a local emergency, a state of emergency, or a war emergency, or unregistered persons placed into service during a state of war emergency, in carrying out, complying with, or attempting to comply with any order or regulation issued pursuant to the provisions of this chapter or performing any of their authorized functions or duties or training for the performance of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the city performing similar work. Articlee 3: Fire CodeArticl Section 1: Fire Chief and Fire Marshall The City Manager shall appoint the Fire Chief and the Fire Marshal. Section 2: Fire Prevention duties. A. The fire prevention code shall be enforced by personnel in the city fire department, which is established and which shall be operated under the supervision of the fire chief. B. The fire chief may detail members of the fire department as inspectors. If necessary these inspectors may be reassigned to the fire fighting force at the discretion of the fire chief. Section 3: Fire limits of city; storage of explosives, flammable liquids and liquefied petroleum gases. Districts within the city where storage of explosives, flammable liquids or liquefied petroleum gases are restricted or permitted under the fire prevention code shall be legally described in a map entitled City of Milton Fire District. Maps, which shall be approved by the city council and maintained in the office of the city clerk, for inspection by the public. Section 4: Modifications The fire chief or fire marshal shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or a duly authorized agent, when there are serious difficulties in carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the fire chief or fire marshal thereon shall be entered upon the records of the fire department and a signed copy shall be furnished to the applicant. - 4 Section 5: Appeals a. Any person aggrieved by an action of the fire chief, the fire marshal or other city official or employee of the City of Milton fire department, including but not limited to disapproval of an application, refusal to grant a permit, a determination that the fire code or city ordinances does not apply or has been misconstrued, but excluding those actions or violations which are within the purview of the state fire marshal or code violations which are subject to the jurisdiction of municipal, state or federal court, may appeal and be heard by the city board of appeals for construction. b. All appeals, pursuant to this section, must be filed in writing with the City of Milton public works department within 30 days from the date of the decision or action from which the aggrieved party appeals. All appeals must be filed on forms which can be obtained at the City of Milton public works department. c. Any person aggrieved by an action of the city board of appeals for construction may appeal within 30 days to the Superior Court of Fulton County, Georgia by writ of certiorari. Section 6: New Materials, processes or occupancies which may require permits The City Manager, the fire chief and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits in addition to those now enumerated in the fire prevention code. The fire chief shall post the list, if any, in a conspicuous place in his or her office, and distribute copies thereof to interested persons. The list shall be a rule and regulation of the fire department and shall be adopted by the mayor and city council and become effective upon approval, unless otherwise specified. Section 7: Penalties a. Any person who shall violate any of the provisions of the fire prevention and protection code or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statements, specifications, plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken within the time affixed herein may be prosecuted for violations by the city after the person has been issued a citation by a duly authorized officer of the fire department of the City of Milton or an authorized law enforcement officer of the police department of the City of Milton. Upon conviction, the person shall be punished by a fine or imprisonment in accordance with Section 11-4-080 of the City Code, as now or hereafter amended. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy the violations or defects within 30 days. Each day’s continuing violation shall be treated as a separate offense. - 5 b. In addition to all other provisions of this section, any violation of this chapter is deemed to be a continuing nuisance and may be abated by an application of injunction in the Superior Court of Fulton County or any other court of competent jurisdiction. Section 8: Authority at fires. a. The fire chief or fire officers under his or her direction shall have full control over all fire apparatus of the fire department in service at any fire. It shall be the duty of the fire chief or his or her designee to superintend the fire department while performing any public duty in fighting a fire; to give general and specific directions as to the manner of fighting fires, the use of hose and apparatus, and the specific duties and assignments of the various members of the fire department in attendance at a fire. The fire chief may immediately suspend any member of the fire department for insubordination at any fire. b. Officers of the fire department, when at the scene of a fire, may direct or assist the city police department in directing traffic in the immediate vicinity. Section 9: Obstruction of or tampering with fire hydrants and apparatus prohibited. a. It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or any other material around or in close proximity to any fire hydrant so as to cause hindrance or delay in access thereto, or prevent the free use thereof by the fire department. No person shall, in any way, interfere with or tamper with any fire hydrant or attempt to take water therefrom without special authority from the fire chief or his or her designee. Any person who violates this section shall upon conviction be punished in accordance with Section 11-4-080 of this Code, as now or hereafter amended. b. Without the consent of the fire chief, no person not an active member of the fire department shall at any time ride upon any of the fire apparatus of the fire department, nor shall any person make use of any fire apparatus, hose, or other equipment of the fire department, other than for the purpose for which the equipment was intended, without the consent of the fire chief. Section 10: Certain acts interfering with firefighting activities. No person, except an active member of the fire department, shall at any time, enter within the territory or vicinity of any fire, when the area is roped off or access is denied by the city police, or interfere with or attempt to operate any of the apparatus or equipment of the fire department or any fire hydrant, or interfere by giving orders to any individual, unless requested to do so by the fire chief or fire officers under his or her direction; provided, however, that the mayor or any member of the council; any police officer or other law enforcement officer; the owner or occupant of the property, and the city manager or any other persons as may be specifically authorized by the fire chief or his or her designate, may enter the restricted areas. - 6 Section 12: Open burning. Open burning is prohibited, with certain exemptions, in the city, as set forth in Chapter 12, Article 5, Section 3. The provisions of Section 391-3-1.02(5) of the regulations promulgated by the Georgia Environmental Protection Department under the Georgia Air Quality Act, as amended from time to time are adopted and incorporated herein by reference. A copy of said regulation shall be kept on file by the city clerk for inspection by the public. Section 13: Posting of addresses. a. All owners and occupants of improved real property lying within the city are required to post the address of such real property owned or occupied by them with the street address assigned to such property by the City of Milton, in such manner that said address is clearly visible and legible from the street on which the improvement on such property fronts. The obligation hereby imposed shall be the joint duty of all owners and occupants of improved real property lying within the city who are over 18 years of ago. b. All owners of apartment complexes lying within the city are required to post the building identified for each apartment building within the complex, whether the identifier be a number or letter or a combination thereof, in such manner that said building identifier is clearly visible and legible from the street or private drive on which each building fronts. The identifier for each building within apartment complexes lying within the city will be a minimum of one foot in height, will contrast with the building itself so as to be highly visible, will be reflective so as to be seen easily in darkness and will not be obstructed at any time by natural or man-made objects. All owners of apartment complexes lying within the city will have a grace period of six months from the effective date of this subsection to come into compliance. c. All persons who violate this section shall be subject to a fine in an amount set by resolution of the City Council. If the person does not remedy the violation, every 30 days shall be deemed a separate offense. Section 14: Sprinkler protection required. a. As used in this section, the following terms shall have the meanings set forth herein: 1. “Commercial” refers to a business involved in the exchange of services, productions, or property of any kind; the buying, selling and exchange of articles. 2. “Multifamily residential structures” refers to a structure with a maximum of four stories in height, except duplex and free standing single family residences. A story is defined as that portion of a building included between the upper surface of the floor and the upper surface of the floor or roof next above. - 7 3. “New,” for the purposes of this section, shall include any additions to existing buildings, whether vertically or horizontally, or any existing building or structure which shall be deemed to be a new building in the event such building or structure is subject to substantial renovation or a fire or other hazard of serious consequence. For purposes of this subsection, the term “substantial renovation” shall mean any construction project involving exits or internal features of such building or structure costing more than the building’s or structure’s gross assessed value according to county tax records at the time of such renovation. 4. “Approved system-commercial/residential,” for commercial buildings over 5,000 square feet, or residential structures, or those structures required to be sprinkled by some other code, means a sprinkler system designed in accordance with National Fire Protection Association Standards and referenced publications. 5. Approved system-commercial areas less than 5,000 square feet, for light hazard areas, i.e. offices and shipping areas, of commercial buildings less than 5,000 square feet a modified sprinkler system may be used. This system may be used upon appeal to the fire marshal’s office by the owner of the building. 6. “Modified sprinkler system” is a combination sprinkler system operating off the domestic water supply designed in accordance with specifications on file in the fire marshal’s office. b. All new commercial buildings shall be protected throughout with an approved automatic fire protection system. 1. For buildings less than 15,000 square feet constructed mainly for the storage of products with limited life loss potential some flexibility may be allowed. The owner may petition to the fire marshal for exception to sprinklers in the storage areas. The fire marshal will give consideration to such things as building construction, products stored, arrangement of storage, number of employees in the area, access to the building, and any other fire protection features provided. This exception will not be allowed for additions to existing sprinkled buildings. For buildings storing materials that are water reactive or may be damaged by water fighting a fire, than by a fire, the fire marshal’s office shall use the same considerations. 2. Additions to existing unprotected buildings where the addition totals less than 1,000 square feet; provided, however, the addition must be separated by fire rated construction in accordance with the City of Milton Building Code and is not required to be protected by some other applicable code. - 8 c. All new multifamily residential structures shall be protected throughout with an approved automatic fire protection system. d. All new one-family and two-family dwellings built closer than 20 feet from another structure or closer than ten feet to the property line must be sprinkled with an approved system. e. There shall be early fire detection systems in all sections of multifamily occupancies. Existing buildings may have an approved battery operated smoke detector. The bureau of fire prevention may require a hard-wire detection system if battery operated detectors are not maintained according to manufacturer’s recommendation. f. The owner is responsible for the inspection and testing of the sprinkler system in accordance with the rules of the Georgia Safety Fire Commissioner. g. If this code section in any way conflicts with the provisions in the Standard Building Code, the Fire Prevention Code, or the Life Safety Code, the more restrictive shall apply. Section 15: Application of building and fire related codes to existing buildings. a. O.C.G.A. § 8-2-200 et seq., and all subsequent amendments thereto, is adopted and incorporated by reference and shall be controlling in the corporate limits of the city. A copy will be on file in the office of the city clerk for inspection by the public. b. Any other provision(s) of the city Code of Ordinances which does not adopt state law by reference and which is more restrictive than the rules of the Georgia Safety Fire Commissioner shall be controlling over the rules of the Georgia Safety Fire Commissioner. c. All amendments, deletions, additions or supplements to O.C.G.A. § 8-2-200 et seq. may be adopted by an ordinance of council, and thereby incorporated herein; provided, that any changes in the standard text shall be made available to the public for inspection in the office of the city clerk. Section 16: Key lockbox system for commercial, residential and other locations with restricted access through locked gates. a. The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the Fire Marshal: 1. commercial or industrial gated structures that are secured in a manner that restricts access during an emergency; 2. multi-family residential structures that have restricted access through locked gates; - 9 3. governmental structures and nursing care facilities with gated entrances. b. All newly constructed structures, communities, or complexes subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures, communities, or complexes in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational. c. The Fire Marshal shall designate the type of key lock box system to be implemented within the city and shall have the authority to require all structures to use the designated system. d. The owner or operator of a structure, community, or complex required to have a key lock box shall, at all times, keep a key in the lock box, or maintain the operation of the box at all times. e. The Fire Marshal shall be authorized to implement rules and regulations for the use of the lock box system. f. Any person who owns or operates a structure, community, or complex subject to this section shall be subject to the penalties set forth in all sections of this code for any violation of this section, provided that the maximum fine for a conviction for a violation of this section shall be $1,000.00. g. All requests for the designated key lock box system shall be coordinated through the Fire Marshal and get approval for the location of the box on each site. h. This Ordinance shall take effect immediately upon its passage. Section 17: Key lockbox system for certain buildings as designated by the Fire Marshal. a. The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the Fire Marshal: 1. commercial or industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency; 2. multi-family residential structures that have restricted access through locked doors and have a common corridor for access to the living units; - 10 3. governmental structures and nursing care facilities. b. All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational. c. The Fire Marshal shall designate the type of key lock box system to be implemented within the city and shall have the authority to require all structures to use the designated system. d. The owner or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure. f. The Fire Marshal shall be authorized to implement rules and regulations for the use of the lock box system. g. Any person who owns or operates a structure subject to this section shall be subject to the penalties set forth in all sections of this code for any violation of this section, provided that the maximum fine for a conviction for a violation of this section shall be $1,000.00. h. All requests for the designated key lock box system shall be coordinated through the Fire Marshal and get approval for the location of the box on each site. g. This Ordinance shall take effect immediately upon its passage. Article 4. Fire Lanes Section 1: Purpose and Scope. It is the declared purpose of this article to provide for the designation and identification of the lanes; for the manner, method and language for the posting of signs; to establish the penalty for violation of this chapter; to identify and designate the persons who have authority to enforce the chapter and the limits of such authority; to prohibit parking in fire lanes; to provide for the method of submitting properties to this chapter; to repeal all ordinances in conflict herewith; and for other purposes. Section 2: Definitions. The words used in this chapter shall have their normal accepted meanings except as set forth below: - 11 A. “Authorized emergency vehicle” means a motor vehicle belonging to a public utility corporation and designated as an emergency vehicle by the department of public safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer fireman or a firefighting association, partnership, or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose. B. “Enforcement officer(s)’ shall refer to any duly authorized law enforcement officer employed by the city. C. “Fire lane(s)” are areas designated by the fire official providing access for fire department vehicles to buildings, fire department connections and fire hydrants. This includes all alleys, driveways or lanes, devoted to public use, where the parking of motor vehicles or other obstructions can interfere with the ingress or egress of fire department vehicles for the protection of persons and properties including, but not limited to, shopping centers, theaters, hospitals, bowling lanes, churches, multi-family housing, and high-rise buildings. D. “Fire official” means the fire officer or other designated authority, or their duly authorized representative, charged with the administration and enforcement of the fire prevention code. E. “Master plats” means all original plats drawn in accordance with this chapter; all copies distributed shall be from this original drawing. F. “New building(s)” means any commercial structure or public facility whose certificate of occupancy was issued after the effective date of Ordinance No. 4782. G. “Plats” shall refer to maps created by the building owner and approved by the fire marshal which depict the location and boundaries of land and all existing fire lanes in accordance with this chapter. Such maps shall be drawn to scale. H. “Property owner(s)” shall refer to each person, firm, corporation, or entity possessing any estate, or leasehold right in the property being designated as fire lane(s). I. “Ticket” shall mean an order issued out of court by an enforcement officer of the city directing a violator of this chapter to comply with all civil fines as set forth. Section 3: Identification. A. Every existing building and all new buildings shall be accessible to fire department apparatus by way of designated fire lanes with an all-weather driving surface of not less than 20 feet of unobstructed width. There shall be a minimum roadway turning radius of 35 feet. There shall be a minimum vertical clearance of 13 feet, six inches. The minimum hard surface subbase paving specification shall be at least one and one- half inches of asphalted topping on at least six inches of bound crushed stone, or the equivalent, capable of supporting the gross vehicle weight of fire apparatus. During construction, when combustibles are brought onto the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. - 12 a. Where fire protection systems approved by the fire official are provided, the above required clearances may be modified by the fire official. b. The fire official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. c. The creation, deletion, or modification of a fire lane shall be done in the best professional judgment of the fire official. B. Any owner of a building aggrieved by the decision of the fire official under this section may appeal from the decision of the fire official to the city manager within 30 days from the date of the fire official’s decision. All appeals to the city manager shall be in writing setting forth the reasons for the appeal. The city manager shall issue a written decision to the owner within 30 days from the receipt of the written appeal from the owner. C. The areas designated as fire lanes shall have signs posted meeting the following criteria: 1. Sings to read “No Parking Fire Lane.” 2. Letters shall not be less than two inches in height. 3. One sign shall be posted at the beginning of the fire lane and one at the end of the fire lane; each sign shall be erected not more than 50 feet apart. 4. Signs posted shall not be more than four feet from the edge of the curb and shall be visible from both direction of the driving surface. D. The fire official may order curbs to be painted yellow or other distinctive colors. Section 4: Approval; subsequent maintenance. All fire lanes shall be approved by the fire official pursuant to these regulations, and thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or roads deemed necessary for fire department access by the fire official shall be maintained in a passable condition. A. Private property owners or their representatives shall be responsible for keeping all fire lanes on their property free from obstructions. B. Public property owners, the City of Milton, or their representatives shall be responsible for keeping all fire lanes within the city’s jurisdiction free of obstructions. Section 5: Erection of signs. No person or property owner shall place, erect or maintain any sign for control of parking or traffic which includes the words “Fire Lane” unless such location has been designated a fire lane by the fire official. Any failure to meet the applicable requirements specified in Section 2 - 13 10-030 of the Milton City Code shall be subject to a fine of $150.00 for each violation, provided, however, that the fine will be waived if the required specifications are made within 14 days from the date of citation. If that private or public property owner fails or refuses to meet said requirements on his property within such 14 days he shall, on the 15th day after receiving the citation, be subject to the $150.00 fine for each violation and an additional $10.00 fine for each violation for each day that the owner fails to comply with the provisions of this section until the area is properly designated and constructed. Each additional day shall be construed as an additional violation. All fines assessed under this section shall be paid into the treasury of the city. Section 6: Violations. No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided, however, this section shall not apply to the parking of an authorized emergency vehicle on official business. A. Enforcement of this section shall be through a civil action in municipal court by the issuance of a ticket which shall be either left with the vehicle or delivered to the person in possession thereof. For purposes of such civil action, it shall be presumed that the registered owner of said vehicle is in control or possession thereof. 1. The first violation of parking in a fire lane within any 30-day period shall be punished by a $25.00 civil fine; provided, however, the second violation within any 30-day period shall be punishable by a civil fine of $40.00; and a civil fine of $50.00 may be levied for each violation thereafter occurring within any 30-day period. 2. The person receiving a ticket for violation of this section may pay the civil fine(s) by return mail to the municipal court of the city or his designated receiver within 48 hours of the issuance of the ticket or may request a hearing within 48 hours to contest the issuance of the ticket. In the event the civil fine is not paid within 48 hours, the municipal court may issue a citation for contempt requiring the offender to show cause why he failed to pay the fine within the time frame allowed by this section. Upon conviction thereof, the municipal court may impose a fine as provided by law. B. Upon any person to whom a ticket has been issued under this section, a uniform traffic citation may be obtained with a hearing date thereon from the police officer or uniformed fire inspector whereupon it shall be returnable to the municipal court. Violation of this section shall be enforced through a civil action. The burden of proof shall be on the city. The standard of proof shall be by a preponderance of the evidence; provided, however, the aforementioned presumption in subsection (A) of this section shall apply. - 14 Section 7: Enforcement Authority. A duly authorized law enforcement officer employed by the city and uniformed fire inspectors shall have the authority for enforcement of fire lanes. Section 8: Emergency Authority In addition to all powers authorized by state law, as amended, in the event of any fire, explosion, bomb threat, or similar emergency, the fire department in the city shall be authorized to prevent the blocking of any public or private street, road or alley, way or driveway, or emergency lane, during any such emergency or remove any vehicles or obstructions necessary. The officers, members, agents or employees of the fire department of the city shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency. Section 9: Liability for enforcement of article pertaining to maintenance and clearing. The City of Milton assumes no liability for any damages, injuries, or deaths resulting from enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of the fire lanes. The City has the authority to issue individual tickets or citations for fire lane violations, but the property owner has the ultimate responsibility to clear the fire lanes. Section 10: Enforceability of properly placed signs. The disregard or disobedience of the instruction of any sign placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima facie evidence of a violation of law, without requiring proof by whom and by what authority such sign has been erected. Section 11: Petition requesting application of chapter to properties. Properties may become subject tot his chapter by submitting a petition from the property owner or fully authorized agent of the property owner requesting this chapter to apply. The petition shall be submitted to the fire official and, upon approval, the property shall become subject to this chapter and its subsequent revisions. Section 12: Descriptions for fire official. Property which falls within the jurisdiction of the City of Milton shall have all fire delineations visually depicted on a plat. These plats shall be designed by the owner and submitted to the City of Milton Fire Department and copies shall be maintained with the city clerk. Each visual depiction shall identify all building exterior walls, traffic and parking lanes, and sidewalks. The area(s) to be designated as fire lane(s) shall be delineated in red ink. The plat shall state a scale of measurement and shall be on paper or a series of pages of 8 ½ by 11 inches. The plat identification shall specify the name of the property, a brief legal description of - 15 the property, and the length and width of the fire lane(s), as approved by the fire official, with whom all master plats will be filed. Article 5: Police Department. Section 1: Composition and Purpose The police department shall be composed of the chief of police and any police officers or other employees as may be necessary. Its purpose is to enforce City of Milton ordinances, and county, state and federal law within its jurisdiction so as to maintain the peace, good order and tranquility of the city. Enforcement powers shall include the arrest and prosecution for any violation of such laws. The police department may be assisted by others as may be authorized by mayor and council, or as provided in any duly executed intergovernmental contract or mutual aid agreement. Section 2: Chief of Police; Acting Chief. Under the general direction of the city manager, the chief of police will direct the administration and operation of all services of the City of Milton police department and shall establish the policies, directives, rules and regulations for the administration and operations of the department. The chief is the executive officer of the department and shall ensure that all laws, both state and federal, ordinances and regulations are enforced and that life and property are protected. The chief shall monitor the daily functions of all divisions including Administration, Uniform Patrol, Criminal Investigation, and Support Services. His/her responsibilities shall include overseeing accreditation and training, supervising operations, and reviewing decisions related to hiring, disciplining, and evaluation of department personnel. In the chief’ s absence from the city or when for any reason the chief of police is unable to attend to the duties of his office, he shall designate a person to be acting chief and such designated person shall assume the duties of the chief of police for such designated time. Section 3: Oversight by Public Safety Committee. The Public Safety Committee shall oversee the operation of the Police Department. The Police Chief shall serve as a liaison to such Committee and make periodic reports as requested. Section 4: Operations Manual. - 16 The Police Department shall be operated in accordance with The Milton Police Department Employee Manual, adopted _________, as amended from time to time. The Milton Police Department Employee Manual as amended is hereby incorporated herein by reference. Section 5: Patrol Powers. (a) The police officers of the city shall have the authority to patrol over any street, alley, path sidewalk, or park in and around any stores, cafes, taverns restaurants, dance halls, service stations or any other establishment in the city. (b) An officer while on duty for the city shall have authority to enter any type of business while open to the public and check to see if everything is being carried on in a lawful manner. After business hours and while closed to the public, an officer for the city has authority to check places of business, to see if the doors and windows are safely locked. (c) An officer for the city shall have the authority to check and investigate, enter and patrol any park, business, residence or public place within the city limits if the officer has probable cause or sufficient reason to believe some act is being committed which would involve the violation of a law or a city ordinance; a personal injury or damage to property; or if any of the above appear to be imminent. (d) No police officer shall enter a private dwelling without a search or arrest warrant unless he has the voluntary consent of the owner or occupant or he is in pursuit of a fugitive who the officer has personal knowledge or probable cause to believe has committed or attempted to commit a felony. Section 6: Compensation for Testifying. Any law enforcement officer subpoenaed by the Municipal Court of the City of Milton will be entitled to compensation from the City of Milton for his or her appearance at a court session when such officer attends in an off-duty status. Section 7: Abuse of Position. ( a) No police officer shall use his official position or official identification cards or badges: (1) for personal or financial gain; (2) for obtaining privileges not otherwise available to the officer except in the performance of duty; or (3) for avoiding consequences of illegal acts. (b) Police officers may not lend their identification cards or badges to another person, or permit them to be photographed or reproduced without the approval of the chief. Section 8: Endorsements and Referrals. - 17 Police officers shall not recommend or suggest in any manner, except in the transaction of personal business, the employment or procurement of a particular product, professional service or commercial service such as an attorney, ambulance, towing service, bondsman, mortician or the like. In the case of ambulance or towing service, when such service is necessary and the person needing the services is unable or unwilling to procure it or requests assistance, officers shall proceed in accordance with established departmental procedures. - 18 City of Milton 13000 Deeifieid Parkway.Suite 107. Milton. Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7. 2008 FROM: City Manager AGENDA ITEM: Approval of a grant application to the Department of Homeland Security for the Assistance to Firefighters Grant program sponsored by FEMA. MEETING DATE: Monday March 17,2008, Regular Meeting BACKGROUND INFORMATION: (Aftach addrt~onal pages ~f~)ecessary) See attached memorandum APPROVAL BY CITY MANAGER: p) APPROV CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: ED () YES ()YES ( ) NOT APPROVED fi NO jd NO APPROVAL BY CITYATTORNEY ()APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: 0 3 I 7C:C3 REMARKS: City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: ML Marietta, Milton Department of Public Safety Date: Submitted on March 4, 2008 for the March 17, 2008 Council Meeting Agenda Item: Approval of a grant application to the Department of Homeland Security for the Assistance to Firefighters Grant program sponsored by FEMA. CMO (City Manager’s Office) Recommendation: Adopt the attached resolution approving the submission to the Department of Homeland Security’s “Assistance to Firefighters” grant program authorizing the request for funding of a trailer-mounted cascade system to allow refill of firefighters’ self-contained breathing apparatus while on the scene of a fire. Background: The purpose of the “Assistance to Firefighters Grant” (AFG) is to award grants directly to fire departments to enhance their abilities to equip field personnel in the performance of their general duties. The program allows fire service agencies to apply for various capital budget items, including vehicles and suppression equipment. Discussion The Assistance to Firefighters Grant program provides direct assistance to designated agencies to provide equipment, protective gear, emergency vehicles and training to protect both firefighters and the general public from fire and other hazards. Due to the hazardous nature of firefighting, firefighters are often required to wear positive-pressure self-contained breathing apparatus (SCBA) on fire and hazardous materials scenes to prevent injury and improve their response capabilities. These ‘air packs’ provide breathable air in environments where inhalation of the air on the emergency scene would be immediately fatal (for example, in a burning structure, fatal amounts of carbon monoxide can collect and other non-lethal gasses can be heated to the point that inhalation would cause severe internal burns). The SCBA tanks that are now on the City of Milton’s fire trucks are rated at 45 minutes worth of air, but this will vary depending upon the strenuousness of activity on the part of the individual firefighter. On average, a firefighter will be able to remain active on a fire scene for approximately 30 minutes. After the thirty minutes elapses, the air cylinder must be refilled and the firefighter rehabilitated. Currently, the City of Milton has no means of refilling the SCBA cylinders (neither on the scene of the fire, nor in the fire stations). We are entirely reliant upon other agencies response to our fire scene to fulfill this need (which is entirely dependent upon mutual aid partner’s availability). To enhance this vital aspect of our firefighting capability, the Department of Public Safety would like to apply for an AFG grant to purchase a trailer-mounted cascade system which may be 1 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 used to refill the bottles both at the station and on the scene of a fire. The requested trailer may also be used to provide light on scene as it has telescoping flood lights permanently affixed to it. If this grant is awarded, the safety of our firefighters and our emergency response capability would be significantly enhanced. Funding and Fiscal Impact: The cascade system we are requesting is listed for approximately $87,892. There is an associated 5% match of the total cost. This would make the City’s portion of the purchase approximately $4394.60. Alternatives: MDPS could continue to rely on surrounding jurisdictions to provide this service, both on a fire scene and on non-emergency occasions (such as training). Since deployment, we have been able to meet this need through the beneficence and availability of our municipal neighbors. However, should this cascade system be immediately unavailable during an emergency, the lack of this item may delay response (on a hazardous materials situation), suppression and search and rescue activities (on a structure fire) until firefighters can be properly outfitted with fully charged SCBAs. Concurrent Review: Chris Lagerbloom, Acting City Manager Charles Millican, Acting Public Safety Director 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-03___ A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM WHEREAS, the Department of Homeland Security makes available funding under the Assistance to Firefighters Grant (AFG) program; and WHEREAS, such funds are awarded directly to fire departments to enhance their ability to protect first responders and the public by funding support materials and equipment; and WHEREAS, the primary goal of the AFG grant program is to assist local fire departments’ capabilities by providing essential equipment to respond to emergencies, assuring that departments have adequate protection from fire and fire related hazards; and WHEREAS, the City of Milton has applied for funding through this program; and WHEREAS, the funding, if awarded, shall be used to purchase a “Cascade System” trailer to provide air and light at a fire or other emergency scene; and WHEREAS, evidence authorizing the acceptance of said application may be provided to assist in the application process. NOW, THEREFORE BE IT SO RESOLVED, this 17th day of March, 2008, by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s Assistance to Firefighters Grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. A City of Milton 13000 Deerfield Parkway,Suite 107, Milton, Gewgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2008 FROM: City Manager AGENDA ITEM: Approval of a Resolution to amend Resolution 08-01 -08 to adopt the 2008 Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals and the City of Milton Design Review Board Schedules. MEETING DATE: Monday March 17,2008. Regular Meeting BACKGROUND INFORMATION. (Anach aadrl~onal pages ~fneccssaryl See attached memorandum APPROVAL BY CITY MANAGER. 0) APPROV CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: ED 0 YES () YES () NOT APPROVED ()@ ~QNO APPROVAL BY CINA77ORNEY ()APPROV PLACED ON AGENDA FOR: G 3 1 1 0 (2 ED () NOT APPROVED REMARKS: 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: March 6, 2008 for Submission onto the March 17, 2008 Mayor and City Council Meeting Agenda Item: Resolution to amend Resolution 08-01-08 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 amend the attached resolution to adopt the following: Revised 2008 Zoning and Use Permit and Zoning Modification 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 amended 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- A RESOLUTION AMENDING RESOLUTION NO. 08-01-08 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 17th day of March, 2008 at 6:00 pm: SECTION 1. That the Zoning and Use Permit Schedule is hereby revised and approved as attached; SECTION 2. That the Zoning Modification Schedule is hereby revised and approved as attached; SECTION 5. That this approval be effective March 17, 2008. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 17th day of March, 2008. Approved: __________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk A(" City of Milton 13000 Derfield Pakway. Suite 107, Milton, Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: March 7. 2008 FROM: City Manager AGENDA ITEM: Approval of a Resolution Amending Resolution No. 08-03-25, a Resolution Appointing Members to the City of Milton Bike & Pedestrian Path Committee (District 2). MEETING DATE: Monday March 17,2008, Regular Meeting BACKGROUND INFORMA JION: (Attach addrt~onal pages 11 necessary) See attached memorandum APPROVAL BY CITY MANAGER (V APPROVED () NOT APPROVED I CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES 3() NO NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED ___________________________ STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 08-03-25 A RESOLUTION AMENDING RESOLUTION NO. 08-02-19, 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 March 17, 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 Julie Zahner Bailey; and SECTION 3. Committee members shall serve terms consistent with the term of the elected official who nominated them to the committee. SECTION 4. That this Resolution shall become effective upon its adoption; SECTION 5. That resolutions in conflict with this resolution are hereby repealed. RESOLVED this 17th day of March 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal)