HomeMy WebLinkAbout04-28-08 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 28, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Scott Slaughter, 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. 08-563)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-564)
1. Approval of the April 14, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
7) REPORTS AND PRESENTATIONS
1. Presentation to Northwestern Middle School students Alex Barker, Matt Ballard, Chloe
Myles and Walker Holman in recognition of their bravery for spotting and putting out a
fire in their neighborhood.
(Presented by Chris Lagerbloom, Charles Millican, and the Sons of the American Revolution)
8) FIRST PRESENTATION (none at this time)
9) ZONING AGENDA
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 28, 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. 07-389)
1. RZ07-016 - Text Amendment to the City of Milton Zoning Ordinance, Article 12G
State Route 9 Overlay District regarding buffers and building height.
(This item was deferred 6 months by City Council at the October 18, 2007 meeting.)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-497)
2. ZM07-005/VC07-014 North side of Webb Road, Petitioner: Webb Road Associates,
LLC by Ken Morton, Request: To Modify Condition 2.a.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.
(This item was deferred on March 17, 2008 until April 28, 2008)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-550)
3. RZ08-01 – Text Amendment to Article 3.3.12 of the City of Milton Zoning Ordinance to
amend the definition of “landscaping business”.
(The First Reading was on April 14, 2008.)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-551)
4. ZM08-01 – 13941, 13943, 13945 Highway 9 North - (RZ07-010) Petitioner: Milton
Organizers, LLC. The request is:
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.
(The First Reading was on April 14, 2008.)
(Presented by Tom Wilson, Community Development Director)
10) UNFINISHED BUSINESS (none at this time)
11) NEW BUSINESS
(Agenda Item No. 08-565)
1. Approval of a Resolution Amending Resolution No. 08-04-29, a Resolution Appointing
Members to the City of Milton Bike & Pedestrian Path Committee (District 2).
(This item was deferred on April 14, 2008 for District 2 appointment.)
(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).
(This item was deferred on April 14, 2008.)
MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 28, 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.
(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).
(This item was deferred on April 14, 2008.)
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 08-566)
4. Approval of a Resolution to create a committee to serve as the Citizen’s Participation
Group for potential revision to the Milton Tree Preservation Ordinance and
Administrative Guidelines.
(Presented by Mark Law, City Arborist)
(Agenda Item No. 08-567)
5. Approval of Ashbrooke Farms Sidewalk Easement Dedication.
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-568)
6. Approval of the February 2008 invoice for legal fees.
(Presented by Stacey Inglis, Finance Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (If needed)
(Agenda Item No. 08-569)
15) ADJOURNMENT
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2008
AGENDA ITEM: RZ07-015 _ Text Amendment to the City of Milton Zoning Ordinance, Article
12G State Route 9 Overlay District regarding buffers and building height_
MEETING DATE: Monday 28, 2008, Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (} NOT APPROVED
CITY ATTORNEY APPROVAL REQ LURED:{y}r YES (} NO
CITY ATTORNEY REVIEW REQUIRED: {}AYES (} NO
APPROVAL BY CITY ATTORNEY () APPROVED (} NOTAPP4OVED
PLACED ON AGENDA FOR: '� 2
REMARKS:
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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 17, 2008 for Submission onto the April 28, 2008, City Council
Meeting
Agenda Item: RZ07-016, Text Amendments to the City of Milton Zoning Ordinance, Article 12G,
State Route 9 Overlay District – Building Height and Buffers
CMO (City Manager’s Office) Recommendation:
To review the attached text amendment to the City of Milton Zoning Ordinance as
recommended by the City of Milton Planning Commission.
Background:
The attached text amendment was before the Planning Commission at the September, 2007
meeting and forwarded to the Mayor and City Council on October 18, 2007 for review. At that
meeting, the Mayor and City Council approved some of the proposed changes to the State
Route 9 Overlay District but voted to defer two items of the amendment for six months. They
were, 1) increased buffering for non-residential uses adjacent to AG-1 and/or residential uses
and 2) limit the height of buildings to 2 stories and 30 feet from average grade to the roof eave
except along Morris Road and Deerfield Parkway.
The purpose of the deferral was for further input from the Comprehensive Plan process that was
just beginning in October 2007. During this plan process, modeling would be used for various
uses/densities (how each use/density effects the tax base and traffic flow) to help in the decision
regarding height of buildings within the State Route 9 corridor. In addition, a Request for
Proposal was underway for new State Route 9 Design Guidelines. After these two items were to
be completed along with additional input from the public, a more informed decision could be
made regarding height restrictions and buffering. In the meantime, the Mayor and City Council
could restrict the heights of buildings to 2 stories in upcoming petitions.
Discussion:
Since the October Mayor and City Council Meeting, the City of Milton’s Comprehensive Plan
has not progressed to the point of getting to the modeling of uses along the State Route 9
Overlay District. In addition, the State Route 9 Design Guidelines have not been completed.
Based on the timeline the Mayor and City Council deferred the item, it is back on the agenda for
consideration. This item can be deferred again, approved, or denied based on the Mayor and
City Council’s decision.
Alternatives:
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
The Mayor and City Council may choose to approve, deny or defer this text amendment to the
State Route 9 Overlay District.
Concurrent Review:
Chris Lagerbloom, Interim City Manager, Ken Jarrard, City Attorney
Page 1 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED APRIL 19, 2007
AMENDED OCTOBER 18, 2007
ARTICLE XII-G
State Route 9 Overlay District
12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton,
Georgia hereby declares it to be the purpose and intent of this Ordinance to
establish a uniform procedure for providing for the protection, enhancement,
preservation, unity of design, and use of places, sites, buildings, structures,
streets, neighborhoods, and landscape features in the State Route 9 Overlay
District in accordance with the provisions herein.
This Ordinance is adopted as part of a strategy designed to promote the health, safety,
order, prosperity, and general welfare of the citizens of Milton through the regulation
of design, aesthetics, location, bulk, size of buildings and structures, and the density
and distribution of population.
This Ordinance also seeks to reduce congestion on the streets; to provide safety from
fire, flood and other dangers; provide adequate light and open space;
protect the natural environment and address other public requirements, in order
to provide sustainable development that involves the simultaneous pursuit of
economic prosperity, environmental protection and social quality.
This Ordinance also seeks, among other things, to promote accepted design
principles in areas of new development and redevelopment, to raise the level of
community understanding and expectation for quality in the built environment,
to protect and enhance local aesthetic and functional qualities, and to stimulate
business and promote economic development.
In consideration of the character of the State Route 9 District, these regulations
are to monitor the suitability for certain uses, construction and design, prevent
functional and visual disunity, promote desirable conditions for community and
commerce and protect property against blight and depreciation.
12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State
Route 9 Overlay District applies to all properties (except single family detached
dwelling units) within the area delineated on the attached map: State Route 9 Zoning
Overlay District, September 4, 2003. The State Route 9 Overlay District also applies
to those properties annexed into the City of Milton within the area delineated on the
attached map.
Within the State Route 9 Overlay District, land and structures shall be used in
accordance with the standards of the underlying district.
Whenever provisions of this Article conflict with any other Article in the Zoning
Ordinance of the City of Milton or any other City ordinances, regulations, or
Ordinances, the standards set forth in this Article XII-G shall prevail.
Page 2 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
12G.3. DESIGN REVIEW BOARD
The City of Milton Design Review Board (Article XII-H) as set forth in Section
12.H.2 of the Ordinance, shall review all plans for development (except for single
family detached dwelling units) in the State Route 9 Overlay District for compliance
with the standards herein and shall make recommendations to the Community
Development Department prior to the approval of a Land Disturbance Permit,
Building Permit, Demolition Permit or Primary Variance.
12G.4. DEVELOPMENT STANDARDS.
12G.4. A. Landscaping
1. A minimum 20-foot wide landscape strip along the following roads
when Article 4 of the Zoning Ordinance specifies a smaller landscape
strip:
State Route 9, Windward Parkway, Deerfield Parkway, Cogburn
Road, Webb Road, Morris Road, and Bethany Bend Road
2. A minimum 10-foot wide landscape strip along any interior property
line adjacent to a nonresidential zoning and/or use.
3. For each thirty (30) linear feet of landscape strip, a minimum of
one 3” caliper hardwood shade tree is required to be planted in
the center of the landscape strip or as approved by the Director.
12G.4. B. Undisturbed Buffers
1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer,
with a 10-foot improvement setback, shall be located adjacent to all
AG-1 zoning districts and all property zoned, used or developed for
residential uses.
2. For sites on more than four acres, a seventy-five (75) foot-wide
undisturbed buffer, with a 10-foot improvement setback, shall be
located adjacent to all AG-1 zoning districts and all property zoned,
used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species from the
“Acceptable Evergreen Plan Material for City of Milton Undisturbed
Buffers” shall be used.
12G.4. C. Screening and Fencing
Deleted: B
Page 3 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
1. If visible from a public right-of-way or adjacent residential use,
rear or side parking and loading areas shall be screened from
view by one of the following methods: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Side parking on a corner lot facing a
side street does not need to be screened.
2. Where a parking lot, parking structure or gas fueling bay fronts
directly on a public street, a continuous screen of evergreen
plantings shall be provided. Said screen shall be 3 feet in height
at planting and 4 feet minimum height at maturity and 3 feet to 8
feet in width at maturity.
3. Retaining walls shall be faced with or constructed of stone, brick,
or decorative concrete modular block only. If any retaining wall
equals or exceeds three feet in height, a continuous evergreen
planting shall be required adjacent to it.
4. Refuse areas and receptacles shall be placed in the least visible
location from public streets and shall be enclosed on 3 sides with
opaque walls. The 4th side shall be a self-closing gate made from
non-combustible materials. Opaque walls shall be a minimum of
12 inches higher than the receptacle. Wall materials shall be
noncombustible brick or stone. Refuse receptacles shall not be
placed within 50 feet of an existing residential or AG-1
(Agricultural) property line.
5. Accessory site features located on the ground shall be screened
from view from any public right-of-way or any residential use by
one or a combination of the following: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Where walls or fences are used in
lieu of planted screens, landscape materials shall be incorporated
into the screening scheme.
6. Accessory site features are prohibited in the front yard or in any yard
adjacent to a street.
7. Accessory site features on a roof shall be screened from the view
of public and private streets by a parapet or other architectural
feature or as approved by the
Community Development Director. No parapet shall be required to be
greater than 4 feet above roof.
8. Flat roofs shall be screened from the view of public and private
streets by a parapet. No parapet shall be required to be greater
than 4 feet above roof.
Page 4 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
9. Along public streets, fencing materials shall be natural or manmade
stone, brick, aluminum, ornamental or decorative wrought iron,
architectural concrete, or wood. Unpainted pressure treated wood is
prohibited.
10. Fences adjacent to a public street shall not exceed 55 inches in
height measured from finished grade.
11. Chain link fencing may be used along golf courses, play fields,
and other recreational areas. All chain link fencing shall be black
or hunter green vinyl coated. Exception: Chain link fencing
shall not be allowed if fencing can be seen during any month of
the year from the following streets: Windward Parkway,
Deerfield Parkway, Cogburn Road, State Route 9, Webb Road,
Morris Road, and Bethany Bend Road.
12. When required, fencing material around detention/retention
facilities shall be black or hunter green vinyl coated chain link
fence or as approved by the Director.
13. Painted chain link fences are prohibited.
12G.4. D. Pedestrian Paths
1. Sidewalks are required along all public and private road frontages
and shall be a minimum of 6 feet wide.
2. Sidewalks, multi-use paths and other pedestrian paths shall be
illustrated on the site plan submitted at the time of application for
a Land Disturbance Permit
3. Sidewalks shall be allowed to meander as topography permits
subject to the approval of the Director of the
Community Development Department.
4. Multi-use paths for bicycles and pedestrians may be substituted
for the required sidewalks as approved by the Director of
Community Development and the Manager of
Community Services when the path is part of the Milton Bicycle and
Pedestrian Plan.
5. Multi-use paths designed for use by bicyclists and pedestrians
shall be 12 feet wide.
6. Multi-use paths designed with separate paths for bicyclists and
pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet
for pedestrians.
7. Sidewalk connector paths shall be constructed across the entire
Deleted: C
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TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
length of all concrete aprons and shall be textured to match the
appearance of sidewalk materials, in color, texture and design.
Sidewalk connector paths shall comply with all applicable
standards of the Americans with Disabilities Act (ADA).
8. Internal walkways (paths) are required from the public sidewalk
to the main entrance of the principle use of the property and shall
meet applicable Americans with Disabilities Act (ADA)
standards.
9. If provided, street furniture shall be located outside the specified
width of any pedestrian path.
10. Paths shall be designed to minimize direct auto-pedestrian
interaction.
11. Intra-parcel walkways crossing parking lots shall be distinguished
from parking lots by the use of colors, texture (use of different
materials), difference in rise above the parking lot or a
combination of these methods, to minimize auto-pedestrian
conflict.
12. Sidewalks shall be connected to applicable signalized crosswalks
and with bus stops.
13. Paths shall be direct and convenient routes between points of
origin (such as a bus stop) and destination (such as a shop, bank, etc).
14. The lighting plan for pedestrian paths shall be included on the site
plan submitted at the time of application for a Land Disturbance
Permit. Pedestrian lighting shall also be shown on the
landscaping plan so that future mature growth vegetation does not
conflict with proposed lighting.
15. Pedestrian connectivity between residential and nonresidential
developments is required.
12G.4. E. Lighting
1. A lighting plan for open parking lots and pedestrian paths shall be
submitted for approval prior to the issuance of a Land Disturbance
Permit.
2. Any lighting fixture shall be a cutoff luminary whose source is
completely concealed with an opaque housing. Fixtures shall be
recessed in the opaque housing. Drop dish refractors are
prohibited. The wattage shall not exceed 420 watts/480 V per
light fixture. This provision includes lights on mounted poles as
well as architectural display and decorative lighting visible from
Deleted: D
Page 6 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
a street or highway. Wall pack lighting shall be cut-off down
directional a maximum of 250 watts. Canopy lighting shall be
cut-off down directional a maximum of 250 watts. Canopy
lighting shall be cut-off luminaries with a maximum lamp
wattage of 400 watts.
3. Light sources (lamps) shall be incandescent, fluorescent, metal halide,
mercury vapor, natural gas, or color corrected high pressure
sodium (CRI of 60 or better). The same type must be
used for the same or similar type of lighting on any one site.
4. Mounting fixtures must be modified in such a manner that the
cone of the light is not directed at any property line. The
minimum mounting height for a pole is 12 feet. The maximum
mounting for a pole is 28 feet. Any fixture and pole located
within 20 feet of a residential zoning shall be a type four or
forward throw distribution.
5. All site lighting shall be designed so that the illumination as
measured in foot-candles at any one point meets the following
standards: Minimum and maximum levels are measured at any
one point. Average level is not to exceed the calculated value
and is derived using only the area of the site included to receive
illumination. Points of measure shall not include the area of the
building or areas which do not lend themselves to pedestrian
traffic. Also, if the major portion of the lighting design is to be in
the front of a building, the average level should not be affected by
adding a light or two in the back of the same building, which
would raise the average of the intended area for lighting.
6. Future renovations, upgrades, or additions to existing facilities
prior to the effective date of this ordinance shall not exceed
existing illumination levels below. The entire site must be
bought into conformance with this article should a renovation,
upgrade, or addition occur that would require a land disturbance
permit.
Location or Type of
Lighting
Minimum
Level
Average
Level
Maximum
Level
Area for display of
Outdoor
Merchandise
1.0 5.0 15.0
Commercial, Office, and
Public/Semi-Public
Parking Areas
0.6 2.40 10.0
Multi-Family Residential
Parking
0.2 1.50 10.0
Page 7 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
Areas
Walkways and Streets 0.2 2.00 10.0
Landscape and Decorative 0.0 0.50 5.0
7. Historic period lighting shall be used.
8. Lights shall be architecturally decorative with a historic style
(includes shepherds crook, pole top, and bollard). The same type
of design must be used along pedestrian pathways and/or
common areas.
9. Shoe box, cobra lighting fixtures, and neon lighting are
prohibited.
12G.4. F. Building Materials and Architectural Treatments
1. Developments shall include architecture elements such as
columns, arcades, covered entry-walkways, arches, facade
offsets, windows, balconies, offset walls, clock towers, cupolas
and/or courtyards.
2. The principle entry area of a building shall be articulated and
express greater architectural detail than other portions of the
building.
3. To the extent any rear or side of any building is visible from any
public street or single family residence, architectural treatment
shall continue through the rear or side.
4. All buildings shall be oriented to face a street or courtyard
5. Any nonresidential building façade shall have a minimum of 25%
fenestration or as may be approved by the Director of
Community Development.
6. Front yard fences shall be non-opaque. Opaque fences are
permitted in side and rear yards.
7. Building plans for townhouse and duplex developments shall
exhibit differentiated exterior wall materials on the vertical wall
faces within each block of units and architectural features such as
porches, balconies, bay windows, stoops, which are consistent with one
overall architectural theme.
8. Townhouse and Duplex development rooflines should exhibit
differentiated architectural features such as gables, pyramidal, and hip.
Deleted: E
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TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
Rooflines should be varied. Mansard roofs are not permitted.
9. Alleys shall only be allowed if the alley is located between two
rows of townhouses or duplex developments. If constructed,
alleys shall exhibit a continuous network with other streets and or
alleys at the rear of each building lot.
10. Exterior buildings shall demonstrate a variety of appearances
which are all compatible with one selected architectural theme.
11. Buildings shall not end abruptly at a corner. Corner buildings
shall demonstrate focal points which anchor the corner. Corner
buildings should have functional extensions around any corner.
12. The scale of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
13. The massing of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
14. There shall be a maximum of 2 stories with a maximum height of 30
feet from average finished grade to bottom of the roof eave, excluding
Morris Road and Deerfield Parkway.
15. Building entrances and front exteriors shall be articulated and
designed to create additional visual interest by varying architectural
details, building materials, and by varying the roof
line and building offsets.
16. The exterior wall materials of all non-residential buildings and
townhouse, duplex, and multifamily buildings consist of a minimum of
75% (per vertical wall plane) of the following: brick or natural stone.
17. Accent building materials for all non-residential buildings, and also
townhouse, duplex and multifamily units are limited to a maximum of
25% brick, tile, non-reflective glass, natural stone with weathered,
polished or fluted face, textured traditional cement stucco, architectural
concrete masonry with fluted, split-face, or broken-face finish,
Portland cement plaster and lath systems, architectural (either
precast or tilt-up) concrete (fluted or with exposed aggregate
finish), or Hardi-plank.
18. Exposed concrete masonry unit (CMU) block, corrugated steel,
aluminum siding, vinyl siding, prefabricated metal, exposed
plywood, and exposed pressboard are prohibited as exterior
Deleted: ¶
Deleted: 4
Deleted: 5
Deleted: 6
Deleted: 7
Page 9 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
finishes.
19. Exterior finishes for accessory structures shall be consistent with
the principle structure.
20. Permitted colors for exterior walls, building components, sign
structures, accent and decorative elements shall be as specified by
Table 12G-1 or as approved by the Director of Community
Development.
Table 12G-1
Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and
Decorative Elements
The following numbers refer to the
Pantone Matching System, an international color matching system
Exterior Building Walls, Building
Components, Sign Structure, Accent and
Decorative Elements
Accent and Decorative Elements
Only
White Black
White
Browns, Beiges and Tans
462 C to 468 C
4625 C to 4685 C
469 C, 474C, 475 C
4695 C to 4755 C
478 C,
719 C to 724 C
725 C to 731 C
476U to 482U
719U to 725U
726U to 732U
Greens
553 C to 554 C
560 C to 561 C
614 C to 616 C
3302 C to 3305 C
3295 C
342C, 343 C
3435 C
356 C, 357 C
5467 C to 5527 C
3305U, 3308U, 335U
336U, 341U-343 U
3415 U to 3435 U
349 U
Deleted: 8
Deleted: 19
Page 10 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
356 U to 357 U
5535U to 5595U
553U to 559U
Reds
168 C, 181 C
483 C, 484 C
1685C, 4975 C
Grey
429 U to 433 U
443 U to 447 U
Warm Grey 6U-11U
Cool Grey 6U-11U
5467U to 5527U
Red-Browns
154 U, 1395 U
1405 U
Grey-Blue
5395U to 5455U
621U to 627U
642U to 644U
647U to 650U
654U to 656U
662U
Green-Grey
5605U to 5665U
21. Permitted sloped roof materials are asphalt shingles, composition
shingles, wood shingle, tin, standing seam metal, and wood
shake. Sloped roofs are encouraged wherever feasible.
22. Roof colors shall be black, gray, dark gray, brown, red or green.
Reflective and metallic colors are prohibited unless described above.
23. Building components such as burglar bars, steel gates, metal
awnings and steel roll-down curtains are prohibited if visible
from a public street.
24. Neon lights outlining and/or detailing building features are
prohibited.
12G.4. H. Parking
1. On-street surface parking spaces located adjacent to the front
property line shall be counted toward the minimum number of
parking spaces required for that lot.
2. Access lanes and additional curb cuts (other than the primary
access drive) shall be located to the side or rear of the property.
The maximum width of the access lane and/or driveway is 18
feet.
3. Decks shall be constructed to conceal vehicles.
4. Decks shall include architectural detailing and finish compatible
with surrounding buildings.
Deleted: 0
Deleted: 1
Deleted: 2
Deleted: 3
Deleted: G
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TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
5. At least one bicycle parking area shall be provided for each
nonresidential development.
6. Loading areas shall be located in the rear or side yards.
12G.4. I. Miscellaneous Provisions
1. Telecommunications switchboards, power generators, and other
telecommunication relay equipment rooms or floors housing such
uses are limited to the following areas of a building: (a)
subterranean levels, (b) first and second floors which are set back
a minimum of 50 feet from the street, or (c) third and fourth
floors.
2. Stealth design is required for all cell towers.
3. Height of cell towers shall not exceed 199 feet.
4. The wireless communications facility shall be disassembled and
removed from the site within ninety (90) days of the date its use
for wireless telecommunications is discontinued.
5. Neither parking lots nor areas immediately adjacent to a building
shall be used for storage or sale of goods.
6. Storage of shopping carts is allowed without a permit.
7. Displaying or sale of goods outside the interior permanent and
sheltered portions of a building is prohibited. Exceptions:
seasonal holiday trees, pumpkins, and open air fairs provided an
administrative permit is obtained, pursuant to Article 19.
8. Vending machines, paper stands, and other similar devices must
be located interior to the building structure.
12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Article shall be declared or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other sections, subsections, sentences,
clauses or phrases of this Article, which shall remain in full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part thereof.
12G.7. APPEALS. Any persons aggrieved by a final decision of the Department of
Community Development relating to this article may appeal
such final decision to the Board of Zoning Appeals by filing in writing setting
forth plainly, fully and distinctly why the final decision is contrary to law per the
Milton Zoning Ordinance. Such appeal shall be filed within 30 days
after the final decision of the department is rendered.
Deleted: H
Page 12 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT
RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the
foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia.
Page 13 of 13
TEXT AMENDMENT – RZ07-016 Buffers/Height for 4/28/08 MCC
STATE ROUTE 9 OVERLAY DISTRICT MAP
C ity of M i Iton _
13000 Qeerfeld Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2008
AGENDA ITEM: ZM07-0051VC07-014 North side of Webb Road, Petitioner: Webb Road
Associates, LLC by Ken Morton, Request: To Modify Condition 2.a.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.
MEETING DATE: Monday, April 28, 2008, Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (} NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: 9 YES (} NO
CITY ATTORNEY REVIEW REQUIRED: VYES (} NO
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR:
REMARKS:
T-74 I s Ir1f W- Jon e
rV1 fA rt --t_ I -I l -1 Z `d $
r
} NOT APPROVED
j] e'F L a- iI !-IF o . �
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/18/2008 Page 1 of 25
ZM07-005/VC07-014 (Revised PW)
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 (ZM05-063)
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 (ZM05-063), 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 CONDITIONAL
VC07-014 - PARTS 1 and 2 - APPROVAL CONDITIONAL
VC07-014 – PART 3 – WITHDRAWAL
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/18/2008 Page 2 of 25
ZM07-005/VC07-014 (Revised PW)
MAYOR & CITY COUNCIL – MARCH 17, 2008
ZM07-005 – Deferral until 4/28/08
VC07-014 - PARTS 1 and 2 - Deferral until 4/28/08
VC07-014 – PART 3 – Deferral until 4/28/08
Prepared by the Community Development Department for the
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4/18/2008 Page 3 of 25
ZM07-005/VC07-014 (Revised PW)
ZM07-005 LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/18/2008 Page 4 of 25
ZM07-005/VC07-014 (Revised PW)
REVISED SITE PLAN SUBMITTED FEBRUARY 28, 2008
Prepared by the Community Development Department for the
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4/18/2008 Page 5 of 25
ZM07-005/VC07-014 (Revised PW)
Revised Site Plan Submitted February 5, 2008 & Plan Submitted to Board of Zoning
Appeals
Prepared by the Community Development Department for the
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ZM07-005/VC07-014 (Revised PW)
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 August 26, 2005 (ZM05-063). 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 April 28, 2008
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ZM07-005/VC07-014 (Revised PW)
Prepared by the Community Development Department for the
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ZM07-005/VC07-014 (Revised PW)
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 April 28, 2008
4/18/2008 Page 9 of 25
ZM07-005/VC07-014 (Revised PW)
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
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ZM07-005/VC07-014 (Revised PW)
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
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4/18/2008 Page 11 of 25
ZM07-005/VC07-014 (Revised PW)
Tree #2- 41” Oak
Tree #2 – 41” Oak
Prepared by the Community Development Department for the
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ZM07-005/VC07-014 (Revised PW)
Tree #3 – 28” Poplar
Prepared by the Community Development Department for the
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ZM07-005/VC07-014 (Revised PW)
Tree #4 – 28” Poplar
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ZM07-005/VC07-014 (Revised PW)
Tree #6 - 29” Poplar
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ZM07-005/VC07-014 (Revised PW)
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ZM07-005/VC07-014 (Revised PW)
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 April 28, 2008
4/18/2008 Page 17 of 25
ZM07-005/VC07-014 (Revised PW)
Therefore, Staff recommends APPROVAL CONDITIONAL of Parts 1 and 2 of VC07-
014.
Prepared by the Community Development Department for the
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4/18/2008 Page 18 of 25
ZM07-005/VC07-014 (Revised PW)
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).
f. To reduce parking to the minimum required spaces per
Article 18.2.1 of the Zoning Ordinance.
g. To save trees numbered 1, 3, 4, and 5 as depicted on “Tree
Location Map” ; if not able to save the said trees as
determined by the Director of Public Works and the Director
of Community Development than applicant shall
recompense with 6” caliper trees.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/18/2008 Page 19 of 25
ZM07-005/VC07-014 (Revised PW)
h. Provide a black four-board-equestrian-styled fence adjacent
to the side walk between the sidewalk and the development
or as approved by the Director of Community Development.
i. Approval of this modification does not guarantee connection
to public sewer nor sewer capacity.
4. To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a. Dedicate at least 45 feet of right-of-way from centerline of
Webb Road.
b. Provide asphalt overlay along entire frontage as directed by
the Director of Public Works for Milton.
c. Provide six 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.
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 Public Works
Director for Milton.
i. Site driveway on Webb Road shall be located a minimum of
300’ from other driveways or as approved by Milton Public
Works Director for Milton.
ii. Site driveway on Webb Road to provide a minimum 40’ of
uninterrupted queue length measured from stop bar behind
crosswalk or as approved by Public Works Director for Milton.
iii. The proposed driveway on the property to the east on Webb
Road shall provide a minimum 60’ of uninterrupted queue
length measured from stop bar behind crosswalk or as
approved by Public Works Director for Milton.
5) To the owner’s agreement to abide by the following:
a. The water quality and detention facilities shall utilize earthen
embankments or underground, where possible. Walled
structures are not encouraged. If walled structures are
Prepared by the Community Development Department for the
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ZM07-005/VC07-014 (Revised PW)
proposed, they must meet the acceptable design standards
of the Department of Community Development.
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2808
AGENDA ITEM: RZ08-01 — 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 28, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED (} NOT APPROVED
CI TY A TTORNEY APPRO VAL REQUIRED: X YES (} NO
CITY ATTORNEY REVIEW REQUIRED: X YES (} NO
APPROVAL BY CITY ATTORNEY ()APPROVED (} NOTAPPROVED
PLACED ON AGENDA FOR: z g b
REMARKS: 1*4
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
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, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2008
AGENDA ITEM: ZM08-01 — 13941, 13943, 13945 Highway 9 North - (RZ07-010) Petitioner -
Milton Organizers, LLC. The request is:
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.
MEETING DATE: Monday, April 28, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (} NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED:
(} YES
KNO
CITY ATTORNEY REVIEW REQUIRED:
(} YES
XNO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR: D 4 z 7 d g
REMARKS:
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/18/2008 Page 1 of 8
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
4/18/2008 Page 2 of 8
ZM08-01
ZM08-01 LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/18/2008 Page 3 of 8
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
4/18/2008 Page 4 of 8
ZM08-01
Site Plan Submitted
July 3, 2007
RZ07-010
Prepared by the Community Development Department for the
Mayor and City Council Meeting on April 28, 2008
4/18/2008 Page 5 of 8
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
4/18/2008 Page 6 of 8
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
4/18/2008 Page 7 of 8
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
4/18/2008 Page 8 of 8
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 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2008
AGENDA ITEM: Approval of a Resolution Amending Resolution No. 08-04-29, a Resolution
Appointing Members to the City of Milton Bike & Pedestrian Path Committee (District 2).
MEETING DATE: Monday, April 28, 2998, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED {) NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES K) NO
CITY ATTORNEY REVIEW REQUIRED: () YES x NO
APPROVAL BY CITYATTORNEY (} APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR: Oq Z $ a S
REMARKS:
AF T-�--M -n� is
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f•r„r-e T" 1 A-# dt
Sri Ca V— f7 l cJQuL
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A V-,e� Fn f j. —rz 1 3 a -4--C 0 m 'V1'4 "0 0 '2!- o
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _____
A RESOLUTION AMENDING RESOLUTION NO. 08-04-29, 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 April ____ 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 _____ day of April 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
City of Milton
U000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2008
AGENDA ITEM: Approval of a 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 28, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: K. APPROVED {} NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES 9NO
CITY ATTORNEY REVIEW REQUIRED: () YES x NO
APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPROVED
PLACED ON AGENDA FOR
REMARKS:
04 -Z -Ar->?- # 4
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)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2008
AGENDA ITEM: 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).
MEETING DATE: Monday, April 28, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED
C1 TY A TTORNEY APPROVAL REQUIRED: O YES
CITY ATTORNEY REVIEW REQUIRED: () YES
APPROVAL BY CITY A 7TORIVEY ()APPROVED
PLACED ON AGENDA FOR:
REMARKS: p 4 z$ O S
{ j NOT APPROVED
NO
NO
{) NOT APPROVED
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
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: April 18, 2008
AGENDA ITEM: Approval of a Resolution to create a committee to serve as the Citizen's
Participation Group for potential revision to the Milton Tree Preservation Ordinance and
Administrative Guidelines.
MEETING DATE: Monday, April 28, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additionalpages ifnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER: plA PPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES
CI TY ATTORNEY REVIEW REQUIRED: () YES
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR: o4 2- $ o g
REMARKS:
() NOTAPPROVED
XNO
kNO
() NOTAPPROVED
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Mark A. Law, City Arborist
Date: April 14, 2008 for Submission on the April 28, 2008 City Council Agenda
Agenda Item: A Resolution to create a committee to serve as the Citizen’s Participation Group for
potential revision to the Milton Tree Preservation Ordinance and Administrative Guidelines.
___________________________________________________________________________________
Staff Recommendations:
Approve the attached resolution where the Milton Tree Preservation Ordinance and Administrative
Guidelines Citizen’s Participation Group will volunteer their efforts for a five (5) month period with the
primary purpose of the Group being the evaluation of the current tree preservation ordinance and
advocating revisions where appropriate.
Background:
The Fulton County Tree Preservation Ordinance and Administrative Guidelines were adopted by the City
of Milton in 2006 and now serve as our current Milton Tree Preservation Ordinance and Administrative
Guidelines. The ordinance adopted by Mayor and City Council has served as an effective tool in
addressing specimen trees throughout the community. Through the initial phase of the city’s
incorporation, staff and elected officials have voiced a common theme to take a closer look at the adopted
tree preservation ordinance and consider refinements to the plan which will promote the preservation of
existing specimen trees and natural canopy coverage.
Discussion:
The committee will meet on a bi-weekly basis, beginning in June 2008 and concluding October 2008, for
a total of ten (10) meetings. The Committee has the ability to meet on a more periodic timeframe as
deemed appropriate by the Committee Chairman. The expected completion date for the project is
October 31, 2008.
City staff from Community Development and Community Services Departments will facilitate group
activities as part of the bi-weekly meeting agenda and develop work programs for associated group
activities.
The Committee will be comprised of appointed Milton residents established by Mayor Lockwood, the
City Council in May of this year. Any Committee members not desiring to continue as an appointee may
be replaced by the respective Council person.
Concurrent Review:
Jeanette Marchiava, City Clerk
Tom Wilson, Community Development Director
Mike Tuller, AICP, Community Development Deputy Director
RESOLUTION NO. ______
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE CITIZEN’S
PARTICIPATION GROUP FOR POTENTIAL REVISION TO THE
MILTON TREE ORDINANCE AND ADMINISTRATIVE GUIDELINES
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the ____
day of April, 2008 at 6:00 pm. as follows:
WHEREAS, the plan is being conducted and facilitated through City of Milton Community
Development Department and requires citizen involvement; and
WHEREAS, the Milton Tree Ordinance and Administrative Guidelines Citizen’s Participation Group
shall consist of seven members of the community, to be nominated as follows: the City Council members
shall each nominate one member to the board who resides in their respective City Council district, and the
Mayor shall nominate one at-large member; and
WHEREAS, staff of the City of Milton will facilitate the group meetings but shall hold no official
capacity of the committee; and
WHEREAS, all members of the group shall reside in the City of Milton and be at least 21 years of age;
and
WHEREAS, each person nominated shall be confirmed by a majority vote of the City Council; and
WHEREAS, the Milton Tree Ordinance and Administrative Guidelines Citizen’s Participation Group
shall meet at regular intervals to review and revise, where needed the current Tree Ordinance and
Administrative Guidelines; and
WHEREAS, each member of the Milton Tree Ordinance and Administrative Guidelines Citizen’s
Participation Group shall perform such duties in a volunteer capacity and not be compensated for any
time or expenses associated with the acceptance of appointment to this group; and
WHEREAS, the members of the Milton Tree Ordinance and Administrative Guidelines Citizen’s
Particicipation Group will meet until their purpose is completed; and
WHEREAS, should any member of the Milton Tree Ordinance and Administrative Guidelines Citizen’s
Participation Group be unable to fulfill their duties, the elected official who made nomination of that
group member shall nominate a new member to be confirmed by a majority vote of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL.
By passage of this resolution, the City of Milton Mayor and City Council create the Citizen’s
Participation Group for the Milton Tree Ordinance and Administrative Guidelines to serve as the official
citizen’s committee to the City of Milton’s and direct each elected official to submit nominees to the
committee to the City Clerk so that they may be placed on the agenda for confirmation on May 5, 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 18, 2008
FROM: City Manager
AGENDA ITEM: Approval of Ashbrooke Farms Sidewalk Easement Dedication.
MEETING DATE: Monday, April 28, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: MAPPROVED (} NOTAPPROVED
CITY A TTORNEY APPROVAL REQUIRED: YES () NO
CI TY A TTORNEY REVIEW REQUIRED: ] YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED`— () NOT APPROVED
PLACED ON AGENDA FOR: Q Z g p g
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Page 1 of 1
To: Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: April 14, 2008 for submission onto the April 28, 2008 City Council meeting
Agenda Item: Ashbrooke Farms Sidewalk Easement Dedication
Engineer Recommendation:
The Staff recommends approval of Ashbrooke Farms Sidewalk Easement Dedication. The
easement provides public access and property for the Milton Trail to be installed in the future.
Background:
According to the Right of Way Ordinance:
• Article 5 Section 7a: Creation of Sidewalks, Paths, and Trails: All owners,
developers, or occupiers of parcels of land where a development permit or
building permit is issued shall be required to provide a sidewalk, path, or trail
consistent with the Bike and Pedestrian Master Plan.
• Article 5 Section 7e: The City may authorize a payment to the City of Milton in
lieu of the required installation of the sidewalk.
• Article 5 Section 7g: Rural paths and trails shall be located outside of the clear
zone and not immediately adjacent to the edge of pavement. Paths and trails
outside of the right-of-way will require a bike and pedestrian easement.
Discussion:
The Milton Trail will be constructed over a long range time period. Easements or Right-of-way
for the trail should be acquired with development permits. The easement agreement for
Ashbrooke Farms provides public access for future trail, property where the future trail may be
constructed, and relocation of existing structures that would obstruct the location of the future
trail. The developer has paid into the sidewalk fund in lieu of installing the trail.
Alternatives:
There are no alternatives.
Concurrent Review:
Tom Wilson, Community Development
Mike Tuller, Community Development
Bubba Samuels, City Attorney
Project: _
Parcel #:
PIN:
STATE OF GEORGIA
COUNTY OF FULTON
SIDEWALK EASEMENT
The conveyance of this Sidewalk Easement (the "Easement') is made and executed this 4T"
day of April 2008.
Whereas, the CITY OF MILTON, GEORGIA (hereafter referred to as the "City) desires to
construct and maintain along a road known as Freemanville Road, sidewalks and streetscape
improvements (the "Improvements") upon lands located in Land Lot 554 of the 2ND
District of Fulton County, Georgia, more fully described in Exhibit "A," attached hereto and
incorporated herein by this reference (the "Easement Area");
Now, therefore, for and in consideration of TEN and 00/100 DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
undersigned Grantor, does hereby grant to the City a non-exclusive easement and right to
construct and maintain over and upon the Easement Area, the Improvements and any
embankment or cuts needed in such manner as said City may deem proper to support or
accommodate the subject Improvements.
By its acceptance hereof, the City hereby agrees with Grantor, its successors, assigns, and
successors in title, that the rights, privileges and easements shall be exercised on the following
terms and conditions:
The City shall operate, repair, replace and maintain continuously the
Improvements upon the Easement Area.
2. If any driveway, parking lot, street or road, whether or not paved, which is
located on the Easement Area is damaged or removed as a result of the
construction, installation, maintenance, or repair of the Improvements by
the City, the City shall, at its sole cost and expense, repair, restore or
replace such driveway, street or road to the condition in which it existed
immediately prior to such construction or repair of the Improvements.
3. The Easement Area may be crossed by other public or private streets and
utilities, sidewalks, paving and parking areas, provided they are not
inconsistent with the rights granted to the City herein, all applicable local,
state and federal laws, ordinances and regulations are complied with, and
provided that any proposed grading (cut or fill) does not impact the
Improvements.
4. After the completion of any construction, installation, repair, maintenance
or replacement of the Improvements, the City shall leave the Easement
Area in a clean and good condition, with all debris removed therefrom and
with trenches and cuts properly filled so that all grades, paved areas and
seeded grass areas which may have been disturbed by such work are
restored to their former condition as nearly as practicable. Areas where
dirt has been removed shall be re -seeded and covered with straw by the
City.
5. Within ninety (90) days from the effective date of this Easement, the
Grantor shall remove a fence and portion of a wall currently located within
the Easement Area.
The terms and conditions hereof shall be binding upon, and inure to the benefit of the
successors and assigns of the respective parties hereto.
TO HAVE AND TO HOLD said easement perpetually unto the City, its successors and assigns,
the rights, powers and interests herein granted, which shall be a covenant running with the title
to the Land, but subject always to the covenants herein set forth.
IN WITNESS WHEREOF, Grantor has executed and delivered this Utility Easement under seal
as of the day and year first above written.
Signed, sealed and delivered
[NOTARIAL SEAL]
My commission expires: � ) 7 - f f
GRANTOR:
24 _
* Ta9s 2011G��� �V\
1
RY1
[Signatures Continue on Following Page]
EAL]
Attest:
Clerk
[Signatures Continued from Previous Page]
Signed, sealed, and delivered this
day of , 2008, in the presence of:
Notary Public
CITY OF MILTON, GEORGIA, a political
subdivision of the State of Georgia
By:
Its:
EAL]
Exhibit "A"
Legal Description of Easement Area
EXIMIT A
Legal Description. Trail Easement
Ashbrooke Farms
City of Milton
ALL That tract or parcel of land lying or being in Land Lot 554 of the 2nd District, 2nd
Section, City of Milton, Fulton County Georgia, and being more particularly described as
follows:
Commencing at the intersection of the southerly line of Land Lot 554 and the westerly right-of-
way line of Freemanville Road (60 -foot right-of-way) said point being the POINT OF
COMMENCEMENT;
THENCE along the said westerly right of way of Freemanville Road North 21 degrees 28
minutes 52 seconds East a distance of 37.70 feet to the POINT OF BEGINNING;
THENCE leaving said right of way line and proceeding thence North 27 degrees 29 minutes 14
seconds West a distance of 19.88 feet to a point;
THENCE proceed North 21 degrees 28 minutes 52 seconds East, a distance of 42.81 feet to a
point;
THENCE North 21 degrees 36 minutes 00 seconds East, a distance of 99.90 feet to point;
THENCE North 20 degrees 44 minutes 00 seconds East, a distance of 99.60 feet to a point;
THENCE North 18 degrees 33 minutes 00 seconds East, a distance of 99.54 feet to a point;
THENCE North 17 degrees 11 minutes 00 seconds East, a distance of 30.35 feet to a point;
THENCE South 89 degrees 59 minutes 00 seconds East, a distance of 15.70 feet to a point on
the westerly right-of-way line of Freemanville Road (60 -foot right-of-way);
THENCE along the said westerly right-of-way line of Freemanville Road South 17 degrees 11
minutes 00 seconds West, a distance of 35.16 feet to a point;
THENCE continuing along the said westerly right-of-way line South 18 degrees 33 minutes 00
seconds West, a distance of 100.00 feet to a point;
THENCE continuing along the said westerly right-of-way line South 20 degrees 44 minutes 00
seconds West, a distance of 100.00 feet to a point;
THENCE continuing along the said westerly right-of-way line South 21 degrees 36 minutes 00
seconds West, a distance of 100.00 feet to a point;
EXHIBIT A
THENCE continuing along the said westerly right-of-way line South 21 degrees 28 minutes 52
seconds West, a distance of 55.85 feet to the POINT OF BEGINNING.
Containing 5,724 Square Feet or 0.1314 Acres, more or less.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 34044
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 18, 2008
FROM: City Manager
AGENDA ITEM: Approval of the February 2008 invoice for legal fees.
MEETING DATE: Monday, April 28, 2008, Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES
CITY ATTORNEY REVIEW REQUIRED: () YES
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR:
REMARKS:
�) NOT APPROVED
Y NO
NO
PROVED
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager . ��•
Date: Submitted on April 17th for April 28, 2008 City Council Meeting
Agenda Item: Approval of February 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 $20,096.79.
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 April 21, 2008
Fiscal Impact:
The budget for legal fees is $180,000. Upon payment of this invoice, the total expenditures for
legal fees will be $60,964.93, leaving a balance of $119,035.07. With 41.7% of the year billed
for legal services, the expenditures represent 33.9% of budget.
Alternatives:
None identified.
Concurrent Review:
Joe Lockwood, Mayor Jeanette Marchiafava, City/Court Clerk
Chris Lagerbloom, Acting City Manager Tom Wilson, Community Development Director
Tami Hanlin, Operations Director Charles Millican, Interim Public Safety Director
Dan Drake, Public Works Director Lisa Maggart, Communications Manager
KEN E, JARRARD
ANGELA E. DAVIS
DALE R. "BUBBA" SAMUELS
JARRARD & DAVIS
A Limited Liability Partnership
105 Pilgrim Village Drive, Suite 200 TELEPHONE: 678.455.7150
FACSIMILE: 67$.455.7144
Cumming, Georgia 30044
WRITER`S E-MAIL'
JOSEPH C. PFAKE, III KJAItRARD@JARRARD-DAVIS.COM
PAUL N. HIGBEE, JR.
PAUL J. D2IKOWSKI CHRISTOPHER D. OF CHRICCIUSTOPHER
D. B
ALCH
CHRISTOPHER J, HAMILTON
RUPAL VAISHNAV
March 31, 2008
PERSONAL AND CONFIDENTIAL
ATTORNEYICLIENT PRIVILEGED COMMUNICATION
City of Milton
13000 Deerfield Parkway
Building 100
Alpharetta, GA 30004
Attention: Ms. Stacey Inglis, Finance Manager
Re:
Dear Ms. Inglis:
City of Milton Invoice
Please find enclosed our fee statement for services performed in February in connection
with representation for the City of Milton. I have also enclosed a spreadsheet detailing the
charges by Department. The balance for these matters is $22,329.76. However, we have "no
charged" multiple entries and have also applied across the board a 10% reduction on this
statement to account for our efforts at getting. up to speed in Milton. This percentage reduction
yields a balance total due in the amount of $20,096.79. Please return your payment at your
earliest convenience.
Thank you for the opportunity to be of service. Please do not hesitate to contact me if
you have any questions.
Sincerely,
JARRARD & DAVIS, LLP
Ze
KEJ:ct
Enclosures
cc: Mayor Joe Lockwood