HomeMy WebLinkAbout04-14-08 Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, April 14, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Michael DeBusk, Crabapple Baptist Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution)
(Agenda Item No. 08-544)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
(Agenda Item No. 08-545)
6) Approval of a Resolution Appointing Billy Beckett as City Manager.
(Presented by Mayor Joe Lockwood)
7) CONSENT AGENDA
(Agenda Item No. 08-546)
1. Approval of the March 10, 2008 Work Session Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-547)
2. Approval of the March 11, 2008 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-548)
3. Approval of the March 17, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
Page 1 of 3
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 APRIL 14, 2008 – 6:00 PM
Page 2 of 3
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.
Agenda Item No. 08-549)
3. Approval of the March 31, 2008 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
8) REPORTS AND PRESENTATIONS
1. Patriot’s Day Proclamation.
(Presented by Councilmember Bill Lusk and the Piedmont Chapter, Sons of the American Revolution)
2. Proclamation for Arbor Day and Earth Day.
(Presented by Councilmember Karen Thurman)
3. Georgia Cities Week Proclamation.
(Presented by Mayor Joe Lockwood)
9) FIRST PRESENTATION
(Agenda Item No. 08-550)
1. RZ08-01 – Text Amendment to Article 3.3.12 of the City of Milton Zoning Ordinance to
amend the definition of “landscaping business”.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-551)
2. ZM08-01 – 13941, 13943, 13945 Hwy 9 North - A request to modify condition 2.a.
(RZ07-010) to revise the site plan to remove the septic fields and connect to sanitary
sewer by Milton Organizers, LLC. (First Milton Bank)
(Presented by Tom Wilson, Community Development Director)
10) PUBLIC HEARINGS
ALCOHOL BEVERAGE LICENSE APPLICATION
(Agenda Item No. 08-552)
1. Approval of Alcoholic Beverage License Application for Alpharetta Country Club, LLC
d/b/a Alpharetta Athletic Club at 1785 Dinsmore Road, Milton, GA 30004. Applicant is
Whitney Crouse for Consumption on the Premises – Wine, Malt Beverage and Distilled
Spirits.
(Presented by Stacey Inglis, Finance Manager)
(Agenda Item No. 08-553)
2. Approval of Alcoholic Beverage License Application for Alpharetta Country Club, LLC
d/b/a Alpharetta Athletic Club at 3430 Highway 9 North, Milton, GA 30004. Applicant
is Whitney Crouse for Consumption on the Premises – Wine, Malt Beverage and
Distilled Spirits.
(Presented by Stacey Inglis, Finance Manager)
(Agenda Item No. 08-554)
3. Approval of Alcoholic Beverage License Application for Real Spirits, Inc. d/b/a Southern
Spirits at 633 North Main Street, Milton, GA 30004. Applicant is Amanda Forrest for
Package Retail – Wine, Malt Beverage and Distilled Spirits.
(Presented by Stacey Inglis, Finance Manager)
MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 14, 2008 – 6:00 PM
Page 3 of 3
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.
END OF PUBLIC HEARINGS
11) ZONING AGENDA (none at this time)
12) UNFINISHED BUSINESS
(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 and March 17, 2008.)
(Presented by Mike Tuller, Community Development Deputy Director)
13) NEW BUSINESS
(Agenda Item No. 08-539)
1. 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 and District
3). (This item was deferred on March 17, 2008.)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-555)
2. Approval of a Resolution Amending Resolution No. 08-01-11, A Resolution Appointing
Members to the City of Milton Board of Ethics (District 1).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-556)
3. Approval of a Resolution Amending Resolution No. 08-01-03 A Resolution Appointing
Members to the City of Milton Board of Zoning Appeals (District 6).
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-557)
4. Approval of the January 2008 invoice for legal fees.
(Presented by Stacey Inglis, Finance Manager)
14) MAYOR AND COUNCIL REPORTS
15) STAFF REPORTS
16) EXECUTIVE SESSION (If needed)
(Agenda Item No. 08-558)
17) ADJOURNMENT
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _______
A RESOLUTION APPOINTING BILLY BECKETT
AS CITY MANAGER
The Council of the City of Milton hereby resolves while in regular session on the ____ day of
April, 2008 at 6:00 pm.:
SECTION 1. That Billy Beckett shall serve as the City Manager of the City of Milton and is hereby
appointed with all the duties of the City Manager as set forth in Article III, Section 3.23 of the City
Charter; and,
SECTION 2. That this appointment is effective April 14, 2008.
RESOLVED this _______ day of ______________ 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
The minutes will be
Provided
electronically
/1
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 1, 2008
FROM: City Manager
AGENDA ITEM: Patriot's Day Proclamation.
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED (} NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES x NO
CITY ATTORNEY REVIEW REQUIRED: () YES 6} NO
APPROVAL BY CITY ATTORNEY ()APPROVED {) NOT APPROVED
PLACED ON AGENDA FOR:
REMARKS: 6 Ll
Patriots Day
Whereas, April 19, 1775 is a momentous day in our nation’s history; and
Whereas, in the early hours of that day, three patriots – Paul Revere, William Dawes and Dr.
Samuel Prescott – rode through the streets of Massachusetts to warn fellow colonists that
British troops had been assembled and were advancing with the intention of capturing
patriot leaders and military stores; and
Whereas, answering this alarm, men and women congregated on the Village Green in Lexington on
the morning of April 19, 1775, took up arms and commenced the struggle that would end
England’s control of the American colonies; and
Whereas, “the shot heard ‘round the world” was fired in Concord by determined patriots from the
Middlesex countryside, who confronted the Redcoats and ultimately forced the British to
turn back at North Bridge; and
Whereas, minutemen, militia and colonists from cities and towns throughout the commonwealth
joined forces along the battle road at Menotomy, now known as Arlington and
overpowered the retreating British; and
Whereas, it is appropriate that we recognize the importance of this day in our history and pay
tribute to the dedication of those assembled on the Village Green in Lexington for that
Decisive battle; and
Whereas, the Piedmont Chapter of the Sons of the American Revolution, an organization of lineal
descendants of the patriots of the American Revolution, reminds us of the courage and
sacrifice of our founders who pledged their lives, fortunes and sacred honor to bestow
the blessings of liberty upon this great state and nation.
NOW, THEREFORE, we, the Mayor and Council hereby recognize and proclaim April 19, 2008 as
Patriots Day and urge all Georgians to become more knowledgeable of the role the Revolution played in
the history of our great nation.
Given under my hand and the Seal of the City of Milton, Georgia on this 14th day of April, 2008.
_____________________________
Joe Lockwood, Mayor
(SEAL)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 1, 2008
FROM: City Manager
AGENDA ITEM: Georgia Cities Week Proclamation.
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED (} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY A TTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED (} NOT APPROVED
PLACED ON AGENDA FOR: 04 1 t{ 0 g
REMARKS: or
WHEREAS, city government is the closest to most citizens, and the one with the most
direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is dependent upon
public commitment to and understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the responsibility to pass along their
understanding of public services and their benefits; and
WHEREAS, Georgia Cities Week is a very important time to recognize the important role
played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to all the citizens of
Georgia and they can shape and influence this branch of government which is closest to the
people; and
WHEREAS, the Georgia Municipal Association and its members cities have joined together to
teach students and other citizens about municipal government through a variety of different
projects and information; and
WHEREAS, Georgia Cities Week offers an important opportunity to convey to all the citizens of
Georgia that they can shape and influence government through their civic involvement.
NOW, THEREFORE, we, the Mayor and Council hereby recognize and proclaim April 20 – 26,
2008, as GEORGIA CITIES WEEK in the City of Milton and encourage all citizens, city
government officials and employees to recognize this week and celebrate it accordingly.
Given under my hand and the Seal of the City of Milton, Georgia on this 14th day of April,
2008.
_____________________________
Joe Lockwood, Mayor
(Seal)
City of Milton
t 13o0o Deerfield Parkway, Suite 137, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 1, 2008
AGENDA ITEM: RZ08-41 — Text Amendment to Article 3.3.12 of the City of Milton Zoning
Ordinance to amend the definition of "landscaping business".
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED {) NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: KYES (} NO
CITY ATTORNEY REVIEW REQUIRED: DYES { } NO
APPROVAL BY CITY ATTORNEY () APPROVED (} NOTAPPROVED
PLACED ON AGENDA FOR: 09 + v
REMARKS:
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: April 1, 2008 for Submission onto the April 28, 2008, City Council
Meeting
Agenda Item: RZ08-01, Text Amendments to the City of Milton Zoning Ordinance, Article 3.3.3,
Definition of “Landscaping Business”
CMO (City Manager’s Office) Recommendation:
To approve the attached text amendment to the City of Milton Zoning Ordinance as
recommended by the City Attorney and the City of Milton Planning Commission.
Background:
The Community Development Department has encountered various landscape businesses
operating within the City of Milton since its incorporation. It is the Staff’s opinion that the existing
definition allows certain types of landscaping businesses to operate without an approved Use
Permit within the AG-1 (Agricultural) zoning district. By changing the definition, a Use Permit is
needed if there is storage of vehicles or storage/sale of landscaping materials on the subject
property operating the landscaping business.
Discussion:
This text amendment was reviewed by the Planning Commission unanimously approved the
change to the definition. During the discussion, it was suggested to further investigate
landscaping businesses in general and the appropriate places to allow them. It was the
Planning Commission’s opinion that the proposed change in definition would be beneficial in the
interim until further study of the matter occurred.
Alternatives:
There are no reasonable alternatives to this text amendment.
Concurrent Review:
Chris Lagerbloom, Interim City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
AN ORDINANCE TO AMEND ARTICLE 3.3.3, DEFINITION OF “LANDSCAPING
BUSINESS” OF THE CITY OF MILTON ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on April 28, 2008 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Article 3.3.3, Definition of
“Landscaping Business” of the City of Milton Zoning Ordinance, is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 28th day of April, 2008
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
City of Milton Zoning Ordinance
RZ08-001- Text Amendment
Page 1 of 3
3.3.12. L
Lamp. The component of an outdoor luminaire that produces light. (Added 05/05/04)
Land Disturbance Permit. A permit issued by the Department of Environment and
Community Development that authorizes the commencement of alteration or
development of a given tract of land or the commencement of any land disturbing
activity.(Amended 12/1/99).
Land Disturbing Activity. Any alteration of land which may result in soil erosion from
water or wind and the movement of sediment into water or onto lands, including, but not
limited to, clearing, dredging, grading, excavating, transporting and filling.
Landfill, Inert Waste Disposal. A disposal facility accepting only waste that will not or is
not likely to cause production of leachate of environmental concern by placing an earth
cover thereon. Such waste is limited to earth and earth-like products, concrete, cured
asphalt, rocks, bricks, yard trash, stumps, limbs and leaves. This definition excludes
other types of industrial and demolition waste not specifically listed above. Refer to the
rules concerning Solid Waste Management of the Georgia Department of Natural
Resources, Environmental Protection Division, as amended, for further
definition.(Amended 7/7/99)
Landfill, Solid Waste Disposal. A disposal facility accepting solid waste excluding
hazardous waste disposed of by placing an earth cover thereon. Solid waste includes
waste from domestic, agricultural, commercial and industrial sources. Refer to the rules
concerning Solid Waste Management of the Georgia Department of Natural Resources,
Environmental Protection Division, as amended, for further definition.(Amended 7/7/99)
Landscape Strip. An area required by this resolution or by conditions of zoning which is
reserved for the installation and/or maintenance of plant materials. (Amended 12/1/99)
Landscaping Business. A business whose primary operation is the sale and/or storage of
organic and inorganic materials, plants, mulch, pine straw, and other limited related
accessory products for the landscape industry or the storage or use of associated
landscape vehicles with an approved Use Permit for Landscaping Business, Plant
Nursery, or Garden Center with Indoor Retail Component (Article 19.4.27). (Added
04/03/02)
Large Scale Retail/Service Commercial Structure. An individual retail/service
commercial structure that is 75,000 square feet or greater. This size threshold refers to an
individual establishment and its associated outdoor areas used for display and storage.
(Added 04/05/06)
Large Scale Retail/Service Commercial Development. A retail/service commercial
development with at least one large scale retail structure but no more than four such
structures whether freestanding or combined. (Added 04/05/06)
Deleted: and
Deleted: and
City of Milton Zoning Ordinance
RZ08-001- Text Amendment
Page 2 of 3
Lawful Use. Any use of lots or structure which is not in violation of any existing federal,
state or local law, statute, regulation or ordinance. (Added 7/1/92)
Library. A place set apart to contain books and other literary material for reading, study,
or reference, for use by members of a society or the general public. (Added 7/1/92)
Light, Direct. Light emitted directly from the lamp, off of the reflector or reflector
diffuser, or through the refractor or diffuser lens, of luminaire. (Added 02/04/04)
Light, Fully-shielded. Outdoor light fixtures shielded or constructed so that no light rays
are emitted by the installed fixture at angles above the horizontal plane as certified by a
photometric test report. (Added 02/04/04)
Light, Indirect. Direct light that has been reflected or has scattered off of other surfaces.
(Added 02/04/04)
Loading Space. An area within the main building or on the same lot, which provides for
the loading, or unloading of goods and equipment from delivery vehicles.
Lodge and/or Retreat/Campground. A facility allowed with a Use Permit which
provides space, food and/or lodging facilities for social, educational or recreational
purposes. (Amended 3/6/91, 7/7/99)
Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more
contiguous lots owned by the same entity and used for a single use shall be considered a
single lot. Lot, tract and parcel are synonymous.
Lot, Corner. A Multiple Frontage Lot adjoining two streets at their intersection.
Lot Frontage. The shortest property line adjoining a street or, for lots requiring no street
frontage, oriented toward a street. A property line adjoining a stub street shall not be
considered as frontage unless it is proposed for access or is the only street frontage.
Front yard requirements shall be measured from this property line. In situations where a
multiple frontage lot has equal distance on street frontages, the Director of Development
Services shall determine the legal lot frontage. (Amended 11/03/93)
Lot line, front. A lot line which extends the entire length of an abutting street from
intersecting property line to intersecting property line. The front lot line of a corner lot
abuts the street which adjoins the lot for the shortest distance. (Added 04/03/02)
Lot line, rear. Generally, the rear lot line is the lot line opposite and most distant from
the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary
line, parallel to and the most distant from the front lot line, not less than twenty feet long,
and wholly within the lot. True triangular lots do not have rear lot lines. Lots with more
than one front lot line do not have rear lot lines. The Director of the Department of
City of Milton Zoning Ordinance
RZ08-001- Text Amendment
Page 3 of 3
Environment and Community Development or his/her designee shall make the final
determination of rear lot lines when in dispute or undefined by this definition. (Added
04/03/02)
Lot line, side. A lot line which is not a rear or front lot line. (Added (04/03/02)
Lot Line/Property Line. A line established through recordation of an approved plat, or a
deed in the absence of a platting requirement, which separates a lot from other lots, or a
lot from rights-of-way.
Lot, Multiple Frontage. Lots adjoining more than one street.
Lot, Nonconforming. See "Nonconforming Lot, Use or Structure".
Lot-of-Record. A lot, whether lawful or unlawful, which appears on a deed and/or plat
recorded in the official records of the Clerk of Superior Court.
Lot, Unlawful. Any lot-of-record which, at the time of recordation in the official records
of the Clerk of Superior Court, was not in compliance with zoning and subdivision laws
in effect at that time.
Lot Width, Minimum. The least dimension required along the building line specified for
each district, parallel to the lot frontage and measured between side lot lines.
Luminaire. This is a complete lighting system and includes a lamp or lamps and a
fixture. (Added 02/04/04)
Luminaire Height. The height of a luminaire shall be the vertical distance from the
ground directly below the centerline of the luminaire to the lowest direct-light-emitting
part of the luminaire. (Added 02/04/04)
City of Milton
._.
13000 Deerfield Parkway, Suitee
107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 3, 2008
AGENDA ITEM: ZM08-01 — 13941, 13943, 13945 Hwy 9 North - A request to modify
condition 2.a. (RZ07-010) to revise the site plan to remove the septic
fields and connect to sanitary sewer by Milton Organizers, LLC. (First
Milton Bank)
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOT APPROVED
Cl TY A TTORNEY APPROVAL REQUIRED: () YES
CI TY A TTORNEY REVIEW REQUIRED: () YES
APPROVAL B Y CITY A TTORNEY () APPROVED
PLACED ON AGENDA FOR. O q N D
REMARKS:
j NO
(� NO
() NOT APPRO VED
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/3/2008 Page 1 of 7
ZM08-01
PETITION NUMBER(S):
ZM08-01
PROPERTY INFORMATION
ADDRESS 13941 13943, 13945 Highway 9 North
DISTRICT, LAND LOT 2/2, 831
OVERLAY DISTRICT State Route 9
EXISTING ZONING O-I (Office-Institutional) RZ07-010
EXISTING USE Undeveloped and single family residence
PROPOSED USE Bank and 2 office buildings for a total of 28,000 square feet or
5,332 square feet per acre.
PETITIONER Milton Organizers, LLC.
ADDRESS 13920 N. Highway 9, Suite 140
PHONE 678-672-3204
APPLICANT’S REQUEST:
1) To modify Condition 2.a. of RZ07-010, to redesign site plan to eliminate
septic and connect to sewer.
2) To modify Condition 4.d. of RZ07-010, to allow discretion by the
Transportation Engineer of Milton to determine throat length of the
entrance on Hwy 9.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM08-001, Parts 1 & 2 - APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/3/2008 Page 2 of 7
ZM08-01
ZM08-01 LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/3/2008 Page 3 of 7
ZM08-01
SITE PLAN SUBMITTED MARCH 12, 2008
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/3/2008 Page 4 of 7
ZM08-01
TREE LOCATION MAP CONDITION 3.c.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/3/2008 Page 5 of 7
ZM08-01
Conditions to be Modified:
(RZ07-010)
2. To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on July 3, 2007. Said site plan is conceptual only and must meet or
exceed the requirements of the Zoning Ordinance, all other applicable
city ordinances and these conditions prior to the approval of a Land
Disturbance Permit. In the event the Recommended Conditions of
Zoning cause the approved site plan to be substantially different, the
applicant shall be required to complete the concept review
procedure prior to application for a Land Disturbance Permit. Unless
otherwise noted herein, compliance with all conditions shall be in
place prior to the issuance of the first Certificate of Occupancy.
4. To the owner’s agreement to abide by the following requirements,
dedication and improvements:
I
d) Driveway entrances shall meet the Community Service Policies and
AASHTO guidelines, or roads be reconstructed to meet such criteria,
at the approval of the Transportation Engineer for Milton and GDOT.
Driveway entrances shall provide for the 95% queue with
uninterrupted traffic flow onto the main line and/or a minimum
throat length of two hundred feet. Interparcel connections are
required to both the north and southern properties. Interparcel
southern connection from bank to O&I parking areas.
Analysis and Recommendation:
The site plan received by the Community Development Department on July 3,
2007 and approved by the Mayor and City Council on September 20, 2007
showed a septic field area. After further research, the applicant has
reconfigured the site to eliminate the septic area and proposes to connect to
sewer. There are two possible ways to connect to sewer; the first choice would
be via a manhole located within the Georgia Department of Transportation
Right of Way located on State Route 9 south of the subject site. The second
choice would be on the CVS Drugstore site now under construction to the south.
Both of these options to connect are within the Big Creek Sewer Basin.
The second request to modify Condition 4.d. is to allow the Transportation
Engineer to determine the length of the throat for the entrance from Hwy 9. The
existing condition requires a 200-foot throat length that may not be attainable.
Therefore, the applicant is requesting that the length be decreased. This
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/3/2008 Page 6 of 7
ZM08-01
decrease is supported by the Traffic Engineer of Milton and therefore
recommends the change in Condition 4.d. as described below.
The proposed plan is in compliance with the conditions approved pursuant to
RZ07-010 and the City of Milton Zoning Ordinance. Staff is including a condition
to provide 6-foot wide concrete sidewalk along the entire frontage of the
property with a minimum 4.5 foot grass strip between the sidewalk and the back
of curb, and shall have a transverse double row of faux concrete brick pavers
every 50 feet as approved by the Public Works Director for Milton. This condition
has been included in recent rezoning petitions along State Route 9 to provide a
unifying aesthetic to the area.
One of the approved conditions approved by the Mayor and City Council was
to save trees numbered 1, 5, and 6. The revised site plan shows compliance with
this requirement.
The site plan indicates a total of 3 buildings with one building being two stories in
height which is consistent with the approved rezoning pursuant to RZ07-010.
In Staff’s opinion, the proposed modification of site plan is consistent with the
approved zoning and indicates compliance with preserving the trees as
required pursuant to RZ07-010. Therefore, Staff recommends APPROVAL
CONDITIONAL of ZM08-01 to modify condition 2.a. to modify the site plan and
condition 4.d. of petition RZ07-010.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/3/2008 Page 7 of 7
ZM08-01
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (RZ07-010) 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 March 12, 2008. (RZ07-010). 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. (ZM08-
01)
3. d. Provide 6-foot wide concrete sidewalk along the entire
frontage of the property with a minimum 4.5 foot grass strip
between the sidewalk and the back of curb, and shall have
a transverse double row of faux concrete brick pavers every
50 feet as approved by the Public Works Director for Milton.
4. To the owner’s agreement to abide by the following requirements,
dedication and improvements:
I
d. Driveway entrances shall meet the Community Service
Policies and AASHTO guidelines, or roads be reconstructed to
meet such criteria, at the approval of the Transportation
Engineer for Milton and GDOT. Driveway entrances shall
provide for the 95% queue with uninterrupted traffic flow onto
the main line and/or a minimum throat length of two hundred
feet or as approved by the Transportation Engineer for Milton.
Interparcel connections are required to both the north and
southern properties. Interparcel southern connection from
bank to O&I parking areas. (ZM08-01)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30404
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 1, 2008
FROM: City Manager
AGENDA ITEM: Approval of Alcoholic Beverage License Application for Alpharetta
Country Club, LLC d/b/a Alpharetta Athletic Club at 1785 Dinsmore
Road, Milton. GA 30004. Applicant is Whitney Crouse for Consumption
on the Premises— Wine, Malt Beverage and Distilled Spirits.
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER. () APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY A TTORNEY REVIEW REQUIRED: () YES
APPROVAL BY CITY ATTORNEY ()APPROVED
PLACED ON AGENDA FOR: O q I � p
&) NO
() NOT APPROVED
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on March 21 for April 14, 2008 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Alpharetta Country
Club, LLC d/b/a Alpharetta Athletic Club located at 1785 Dinsmore Road
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Alpharetta Country Club, LLC d/b/a
Alpharetta Athletic Club for consumption on the premises of wine, malt beverage and distilled
spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
This particular establishment already holds a current alcohol beverage license under the name
of Alpharetta Country Club. They are simply changing the business name from Alpharetta
Country Club to Alpharetta Athletic Club.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Alpharetta Country Club, LLC d/b/a Alpharetta Athletic Club
Owner(s) Name: Whitney Crouse
Business Address: 1785 Dinsmore Road
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverage and Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Tom Wilson, Director of Community Development
Deb Harrell, Interim Public Safety Director
1
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 1, 2008
FROM: City Manager
AGENDA ITEM: Approval of Alcoholic Beverage License Application for Alpharetta
Country Club, LLC d/b/a Alpharetta Athletic Club at 3430 Highway 9
North, Milton, GA 30004. Applicant is Whitney Crouse for Consumption
on the Premises — Wine, Malt Beverage and Distilled Spirits.
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY A TTORNEY REVIEW REQUIRED: () YES Y
NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR.-
REMARKS:
OR.REMARKS: 114
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on March 21 for April 14, 2008 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Alpharetta Country
Club, LLC d/b/a Alpharetta Athletic Club located at 3430 Highway 9 North
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Alpharetta Country Club, LLC d/b/a
Alpharetta Athletic Club for consumption on the premises of wine, malt beverage and distilled
spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Alpharetta Country Club, LLC acquired Crooked Creek Golf Club on March 1, 2008. Since the
City’s Ordinance does not permit the transference of an alcoholic beverage license, the
establishment is required to apply for a new license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Alpharetta Country Club, LLC d/b/a Alpharetta Athletic Club
Owner(s) Name: Whitney Crouse
Business Address: 3430 Highway 9 North
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverage and Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Tom Wilson, Director of Community Development
Deb Harrell, Interim Public Safety Director
1
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 1, 2008
FROM: City Manager
AGENDA ITEM: Approval of Alcoholic Beverage License Application for Real Spirits, Inc.
d/b/a Southern Spirits at 633 North Main Street, Milton, GA 30004.
Applicant is Amanda Forrest for Package Retail — Wine, Malt Beverage
and Distilled Spirits.
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY A TTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPROVED
PLACED ON AGENDA FOR: 04,40S
REMARKS: 104
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on March 21 for April 14, 2008 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Real Spirits, Inc
d/b/a Southern Spirits located at 633 North Main Street
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Real Spirits, Inc d/b/a Southern Spirits
for package retail of wine, malt beverage and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Real Spirits, Inc d/b/a Southern Spirits
Owner(s) Name: Amanda Forrest
Business Address: 633 North Main Street
Type of License to be Issued: Package Retail – Wine, Malt Beverage and Distilled Spirits
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Tom Wilson, Director of Community Development
Deb Harrell, Interim Public Safety Director
1
City of Milton _N w
13400 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 1, 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 deferred on March 3, 2008 and March 17, 2008.)
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ()APPROVED (} NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: { j YES KNO
if
CITY ATTORNEY REVIEW REQUIRED; { ] YES () NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 06
REMARKS:
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 (deferred) and the April 14, 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. 08-03-26
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 __________, 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)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 1, 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 and District 3). (This item
was deferred on Murch 17, 2008.)
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL. BY CITY MANAGER: () APPROVED { } NOT APPROVED
CI TY A TTORNEY A PPPO VAL REQUIRED
CITY A TTORNEY REVIEW RE QUIRED:
(} YES {} NO
(} YES (} NO
APPROVAL_ BY CITY ATTORNEY ()APPROVED
PLACED ON AGENDA FOR: aLfI y C3 7
REMARKS:
() NOT APPROVED
1 -eQLkk &-r 'T --V beF-eR
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _____
A RESOLUTION AMENDING RESOLUTION NO. 08-03-25, 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 __________ 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. (To be Determined) shall be appointed by Councilmember Bill Lusk;
and
SECTION 4. Committee members shall serve terms consistent with the term of the
elected official who nominated them to the committee.
SECTION 5. That this Resolution shall become effective upon its adoption;
SECTION 6. That resolutions in conflict with this resolution are hereby repealed.
RESOLVED this ____day of _____________ 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton T
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 1, 2008
FROM: City Manager
AGENDA ITEM: Approval of Resolution Amending Resolution No. 08-01-11, a
Resolution Appointing Members to the City of Milton Board of Ethics
(District 1).
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOTAPPROVED
CITY A TTORNEY APPROVAL REQUIRED; () YES) NO
CITY A TTORNEY REVIEW REQUIRED; () YES � NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED
PLACED ON AGENDA FOR ¢
REMARKS: Ut✓3 TD D -EF r -YL
c r -,-0!�fZ
alai r"c_ i
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _____
A RESOLUTION AMENDING RESOLUTION NO. 08-01-11, A RESOLUTION
APPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ETHICS
FOR DISTRICT 1
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session
on __________ at 6:00 pm. as follows:
SECTION 1 That (To Be Determined) (District 1) is hereby appointed for a term
commencing _______________ and ending on December 31, 2009 and,
SECTION 2. Board members shall serve terms consistent with the term of the
elected official who nominated them to the board. A member shall hold office until a
successor is appointed by the Mayor and City Council.
SECTION 3. That this Resolution shall become effective upon its adoption.
RESOLVED this _______ day of ______________ 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 08-01-03, A RESOLUTION
APPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ZONING
APPEALS FOR DISTRICT 6
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
_____________ at 6:00 pm. as follows:
SECTION 1. That (To Be Determined) (District 6) is hereby reappointed for a term
commencing _______________ 2008 and ending on December 31, 2011 and,
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this______ day of __________________ 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 1, 2008
FROM: City Manager
AGENDA ITEM: Approval of the January 2008 invoice for legal fees,
MEETING DATE: Monday April 14, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED (} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: {) YES P) NO
CITYATTORNEY REVIEW REQUIRED: {) YES (,, NO
APPROVAL BY CITY ATTORNEY ( )APPROVED l) NOT APPROVED
PLACED ON AGENDA FOR: C)`j r y b $
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on March 31st for April 14, 2008 City Council Meeting
Agenda Item: Approval of January 2008 Invoice for Legal Fees
CMO (City Manager’s Office) Recommendation:
Approve the payment of legal fees per the attached invoice in the amount of $10,726.68.
Background:
The City receives a monthly invoice from Jarrard and Davis for legal services rendered to the
City by Mark Scott, the City’s former attorney. The invoice also includes other legal support
services rendered by Jarrard & Davis as well as fees incurred due to the use of external legal
entities.
Discussion:
The legal invoice is detailed by project and where applicable by department. Each month, staff
will review legal fees associated with the respective project/department and the department
director is responsible for approving the hours spent on the project or entering into a dialogue
with the City Attorney regarding dispute of the fees.
Once the legal invoice reaches the City Council agenda, the staff-related projects will be
approved or the invoice will have been adjusted. Council will then be responsible for approving
council-related legal fees.
You were provided a list of items that needed Council approval on March 31, 2008
Fiscal Impact:
The budget for legal fees is $180,000. Upon payment of this invoice, the total expenditures for
legal fees will be $40,868.14, leaving a balance of $139,131.86. With 33.3% of the year billed
for legal services, the expenditures represent 29.4% of budget.
Alternatives:
None identified.
Concurrent Review:
Joe Lockwood, Mayor Jeanette Marchiafava, City/Court Clerk
Chris Lagerbloom, Acting City Manager Tom Wilson, Community Development Director
Tami Hanlin, Operations Director Charles Millican, Interim Public Safety Director
Dan Drake, Public Works Director Lisa Maggart, Communications Manager