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Home My WebLink About01-21-09 PacketPage 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. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Wednesday, January 21, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 09-771) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 09-772) 1. Approval of the January 5, 2009 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 09-773) 2. Approval of the Financial Statements for the period ending December 2008. (Stacey Inglis, Finance Manager) 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 21, 2009 – 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. 9) ZONING AGENDA (Agenda Item No. 08-683) 1) ZM08-06/VC08-06 - 765 & 785 Mid-Broadwell Road by Sally Rich-Kolb to modify Condition 2.a. of Z05-072 to revise the site plan; 2) To delete condition 4.b. to remove the requirement that the owner dedicate to Fulton County (City of Milton) the necessary right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road prior to attaining an LDP, or as may be approved by the Director of Public Works; and 3) To request a concurrent variance to reduce parking from 58 to 39 spaces (Article 18.2.1). (This item was deferred on October 20, 2008.) (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 09-763) 2) ZM08-09 -13941 13943, 13945 Highway 9 North by Milton Organizers, LLC to modify Condition 2.a. of RZ07-010, to redesign site plan to eliminate septic and connect to sanitary sewer. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-685) 3) RZ08-09 Text Amendment - To amend Article 22, Appeals of the City of Zoning Ordinance. (This item was deferred on November 17, 2008.) (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-682) 4) Approval of an Ordinance to Amend Chapter 14, Land Development and Environmental Protection, of the Code of Ordinances for the City of Milton, Georgia. (First Presentation on October 6, 2008.) (Presented by Alice Wakefield, Community Development Director) 10) UNFINISHED BUSINESS (Agenda Item No. 08-708) 1. Approval of an Ordinance Amending the Noise Control Ordinance within the City of Milton, Georgia. (First Presentation on November 3, 2008.) (Presented by Chris Lagerbloom, Public Safety Director) (Agenda Item No. 09-774) 2. Approval of a Resolution Amending Resolution No. 09-01-66, A Resolution to Create the Milton Parks and Recreation Advisory Board and to develop the Milton Parks and Recreation Ordinance by appointing a member for District 2. (Presented by Brad Chambers, Parks and Recreation Representative) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 21, 2009 – 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. (Agenda Item No. 09-775) 3. Approval of a Resolution Amending Resolution No. 09-01-67, A Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 09-776) 4. Approval of a Resolution Amending Resolution No. 09-01-68, A Resolution to Create a Committee to Serve as the Historic Preservation Committee for Development of a Historic Preservation Ordinance for the City of Milton by appointing committee members. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08- 753) 5. Approval of a Resolution Amending Resolution No. 08-12-62, A Resolution to Create a Stakeholder Advisory Committee for City of Milton Transportation Plan by appointing members for District 1, 2, and 3. (This item was deferred January 5, 2009.) (Presented by Dan Drake, Public Works Director) (Agenda Item No. 08-754) 6. Approval of a Resolution Amending Resolution No. 08-12-63, A Resolution to Create a Citizen Advisory Committee for City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence by appointing members for Districts 1, 2, 3, and 4. (This item was deferred January 5, 2009.) (Presented by Dan Drake, Public Works Director) 11) NEW BUSINESS (Agenda Item No. 09-777) 1. Approval of an Amendment to Professional Service Agreement with Kimley-Horn and Associates, Inc. (Presented by Dan Drake, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) (Agenda Item No. 09-778) 15) ADJOURNMENT The minutes will be Provided electronically n 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 January 9 for January 21, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 3 - December 2008 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are approximately 1.6% lower than anticipated for the third period of the fiscal year. Total expenditures to -date are $5,062,455 and are 15.4% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project -by -project basis. With a total project expenditure budget of $6,135,740, capital expenditures -to -date total $779,518 FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $0 Sidewalk Replacement Fund: Balance: $0 L.} 9 OCPCOCVCOOnC7Od 00e7. 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N CD N r N � N 7 C e a LL LL 71 L � LL _ lll C7 [d Q N T p [` o i7 0) 0L 4. U' c [c y 77 N C R !d lYG7 ❑ -E � 1X,000 � Tae E Ll d 6-2 ❑❑ y O pl COL= G �_ ) Qwwww c- p 0 C r- N d U ❑ 0= gooro LL Nra Z Ci O -= a1 "❑ C L.) N Y 07 U C�.7 H H F C = Q [7 @ @ 77Q - X7 1 G1 G U7 N 07 Ldp !.� C0 2 fC Q } 0 C ._ _ _ _ _ oYgd 2,c7c7NE�� %iaE22 p m 3 3 o w m n a a a -= ami ca rL �UVC7 �aaCL0CD 00000 9 City of Milton Special Events Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2408 Variance with Original Budget Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Contributions & Donations S $ - $ $ Interest Revenues - - Holiday Card Sales - 210 305 305 Total revenues $ - $ - $ - $ EXPENDITURES Current: Special Events $ 40,000 $ 2,923 $ 7,202 5 32,798 Total Expenditures $ 40,000 $ 2,923 $ 7,202 $ 32,798 OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund $ 40,000 $ 4,113 $ 9,072 S (30,928) Total other financing sources and uses $ 40,000 $ 4,113 $ 9,072 S (30,928) Net change in fund balances $ - $ 1,190 $ 1,870 Fund balances - beginning - Fund balances - ending $ $ 1,870 City of Milton Confiscated Assets Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2008 Variance with Original Budget Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Total revenues $ $ - $ $ - EXPENDITURES Current: Public Safety $ 73,845 $ - $ $ 73,845 Total Expenditures $ 73,845 $ - $ - $ 73,845 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 73,845 S $ - $ (73,845) Total other financing sources and uses S 73,845 $ $ - $ {73,845} Net change in fund balances $ - $ S - Fund balances - beginning Fund balances - ending $ $ - City of Milton E-911 Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2008 REVENUES Wireless 911 Fees Total revenues EXPENDITURES Current' Public Safety Total Expenditures Original Budget Current Period Year -to -Date Amounts Actuals Actuals Variance with Final Budget - Positive (Negative) $ 570,000 $ 52,191 $ 71,660 $ (498,340) $ 570,000 $ 52,191 S 71,660 $ (498,340) $ 530.000 $ 119,023 $ 281,055 $ 248,945 $ 530,000 $ 119,023 $ 281,055 $ 248,945 OTHER FINANCING SOURCES (USES) Unallocated $ (40,000) $ Total other financing sources and uses $ (40,000) $ Net change in fund balances $ - $ Fund balances - beginning - Fund balances - ending 5 - $ $ 40,000 - $ $ 40,000 [66,832} $ {209,395] City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended december 31, 2008 REVENUES Intergovernmental Revenues State Grant -Operating Cat -Indirect Total revenues EXPENDITURES Current: Public Safety Total Expenditures Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Total other financing sources and uses Net change in fund balances Fund balances - beginning Original Variance with Budget Current Period Project -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) $ 147,047 $ - $ $ (147,047) 147,047 $ - $ - $ (147,047) $ 168,057 $ - $ - $ 168.057 $ 168,057 $ - $ - $ 168,057 (21,010) - - 21,010 $ 21,610 $ 5 $ (21,010) $ 21,010 $ S _ 5 (21,010) Fund balances - ending $ $ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2008 REVENUES Taxes Hotei/Motel Taxes Total revenues OTHER FINANCING SOURCES (USES) Transfers out to General Fund Transfers out to Special Events Fund Total other financing sources and uses Net change in fund balances Fund balances - beginning Original Variance with Budget Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) $ 55,000 5 4,113 $ 9,072 $ (45,928) $ 55,000 5 4,113 $ 9,072 $ (45,928) (15,000) $ - $ - $ 15,000 (40,000) (4,113) (9,072) 30,928 $ (55,000) $ (4,113) $ (9,072) $ 45,928 Fund balances - ending $ $ _ City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2008 Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee Landfill Host Fees Interest Revenue Sidewalk Replacement Account Total revenues EXPENDITURES Capital Outlay Unallocated: City Council Public Safety Public Works Parks & Recreation Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Budgeted Fund Balance Total other financing sources and uses Net change in fund balances Fund balances - beginning Fund balances - ending $ 60,000 S 3,645 $ 7,593 $ (52,407) 190,000 - - (190,000) 5,000 (5,000) 70,558 - (70,558) 325,558 $ 3,645 S 7,593 $ (317,965) 180,000 $ - $ - 180,000 502,957 22,498 215,228 287,729 3,419,953 - 564,290 2,855,663 9,721,933 - 1,721,933 310,897 - - 310,897 $ 6,135,740 $ 22,498 $ 779,518 $ 5,356,222 (5,810,182) (18,854) (779,925) (5,674,188) $ 4,001,896 $ 333,491 $ 1,000,473 $ (3,001,423) 1,808,286 - - (1,808,286) 5,810,182 333,491 1,000.473 (4,809,709) - 314,637 228,548 City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2008 Original Variance with Budgeted Current Period Project -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Intergovernmental Revenues State -Capital -Direct Grant $ 960,000 $ - $ $ (960,000) Total revenues 960,000 $ - $ $ (960,000) EXPENDITURES Capital Outlay Public Works 1,903,240 - - 1,903,240 Total Capital Outlay $ 1,903,240 $ - $ - $ 1,903,240 Excess of revenues over expenditures (943,240) - - 943,240 OTHER FINANCING SOURCES jUSES) Transfers in from General Fund $ 293,940 $ 24,495 $ 73,485 $ (220,455) Budgeted Fund Balance 649,300 - - $ (649,300) Total other financing sources and uses S 943,240 5 24,495 $ 73,485 $ (869,755) Net change in fund balances - 24,495 73,485 Fund balances - beginning - - Fund balances - ending $ - $ 73,485 Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 1 of 12 PETITION NUMBER(S): ZM08-06/VC08-06 PROPERTY INFORMATION ADDRESS 765 & 785 Mid-Broadwell Road DISTRICT, LAND LOT 2/2, 1134 OVERLAY DISTRICT Crabapple Crossroads EXISTING ZONING C-1 (Community Business) Z05-072/VC05-160 EXISTING USE Retail (1,673 sq. ft.) PROPOSED USE Retail (12,800 sq. ft.) PETITIONER Sally Rich-Kolb ADDRESS 765 & 785 Mid-Broadwell Road PHONE 770-448-3860 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of Z05-072 to revise the site plan; 2) To delete condition 4.b. to remove the requirement that the owner dedicate to Fulton County (City of Milton) the necessary right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road prior to attaining an LDP, or as may be approved by the Director of Public Works; and 3) To request a concurrent variance to reduce parking from 58 to 39 spaces (Article 18.2.1). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-06 – Condition 2.a. to revise the Site Plan - APPROVAL CONDITIONAL ZM08-06 – To delete Condition 4.b. - DENIAL VC08-06 – To reduce parking from 58 to 39 spaces - APPROVAL CONDITIONAL MAYOR AND CITY COUNCIL MEETING – OCTOBER 20, 2008 ZM08-06 – Condition 2.a. to revise the Site Plan – DEFERRAL ZM08-06 – To delete Condition 4.b. - DEFFERAL VC08-06 – To reduce parking from 58 to 39 spaces - DEFERAL The Mayor & City Council asked that this request be reviewed by the Design Review Board. On January 6, 2009, the DRB reviewed the proposed site plan and recommended Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 2 of 12 that the right-of-way should remain to help provide future connectivity. In addition, they recommended that the parking configuration be placed as not to encroach into the City property. In addition, they wanted to make sure that trees located in the right-of-way would not be damaged by construction of the future buildings. Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 3 of 12 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 4 of 12 Revised Site Plan Received September 2, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 5 of 12 Site Plan Approved by Fulton County Board of Commission December 7, 2005 Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 6 of 12 Conditions to by modified: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Department of Environment and Community Development on September 23, 2005 Community Development Department on September 2, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution Ordinance and these conditions prior to the approval of a Land Disturbance Permit. 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 traffic requirements, dedications and improvements: b. Dedicate to Fulton County the necessary right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road prior to obtaining a Land Disturbance Permit or as may be approved by the Director of the Department of Public Works. The location of the road is subject to the approval of the Director of the Department of Public Works. ANALYSIS AND RECOMMENDATIONS The subject site is located on the western side of Mid-Broadwell Road in the Crabapple Crossroads Overlay District near the intersection of Mid-Broadwell Road and Mayfield Road. The site is zoned C-1 (Community Business) and is approved for the development of 12,800 square feet of retail, service commercial, office and accessory uses at a density of 9,411.77 square feet per acre, pursuant to 2005Z-072/2005VC-160 NFC. The applicant’s submitted site plan shows a total of 12,800 square feet. Deletion of Condition 4.b. The existing Condition 4.b. of Z05-072, as approved by Fulton County on December 7, 2005 requires that the owner dedicate to Fulton County (City of Milton) the necessary right-of-way to provide a connector road from Broadwell Road to Mid-Broadwell Road prior to attaining an LDP, or as may be approved by the Director of Public Works. The Crabapple Community Plan is a part of the City’s Comprehensive Plan and the Transportation Master Plan. One goal of these planning studies is to create many vehicular and pedestrian connection options around the Crabapple Crossroads. The City currently has a programmed project and Federal funding with GDOT for a Mayfield to Mid Broadwell connector road. The City will look at the Crabapple area as a whole with the Comprehensive plan and the Transportation master plan and will evaluate the scope of the GDOT project with these planning studies. Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 7 of 12 Road classifications are based upon access and mobility. The right-of-way is based upon the road classification. A connector road at this location would provide mobility from Mid- Broadwell to Broadwell as the primary function and access to properties as a minor function. An alley is not an appropriate road classification for the purpose of this connection. Public Works provided to the applicant, a connector road layout and required right-of- way dedication incorporating existing right-of-way dedicated by Davenport Commercial property and using a portion of the community center property adjacent to an existing utility easement on the community center property. This layout included the minimum amount of right-of-way (50 feet) allowed based on classifications. Public Works recommends that the condition remain and that the 50 feet right-of-way is required. If at the completion of the Comprehensive plan and the Transportation master plan, this location is not supported, the right-of-way could be deeded back to the owner. PROPOSED ROAD LOCATION Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 8 of 12 PROPOSED RIGHT-OF-WAY Based on above analysis, Staff recommends DENIAL to delete Condition 4.b. of Z05-072. ZM08-06/VC08-06 – Revised Site Plan and Reduction in Parking Spaces (Article18. 2.1) The applicant’s site plan indicates a total of 39 parking spaces. The City of Milton Zoning Ordinance requires a total of 58 parking spaces (Article 18. 2.1). Staff notes that the applicant is requesting a concurrent variance to reduce the required number of parking spaces from 58 to 39 parking spaces. Based on the location of the required right-of-way on the site which limits the area to locate the parking, by granting the relief would be in harmony with the approved site plan by the Board of Commissioners and the general purpose and intent of the Zoning Ordinance and the Crabapple Crossroads Plan. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC08-06. The proposed site plan is consistent with the approved site plan pursuant to Z05-072 with the same number of proposed buildings with similar locations. The most significant Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 9 of 12 change is the location and number of parking spaces based on the requirement to provide right-of-way as discussed above. Therefore, Staff recommends that the request to revise condition 2.a. be APPROVAL CONDITIONAL. City Arborist The site plan below depicts the specimen trees that will be affected on the site. They include the following: 26” pine 29” pine 29” pine They will need to recompense with 55 – 4” caliper hardwood trees. Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 10 of 12 TREE LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 11 of 12 CONCLUSION Staff is of the opinion that the applicant’s request to reduce parking and revise the site plan is in harmony with the development approved by the Board of Commissioners, as well as with the general purpose and intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM08-06 to modify Condition 2.a. and the request to reduce parking, Concurrent Variance VC08-06. Based on Staff’s analysis regarding the deletion of Condition 4.b, and that it would be inconsistent with the Crabapple Crossroads Plan, Staff recommends DENIAL. Prepared by the Community Development Department for the Mayor and City Council Meeting January 21, 2009 Page 12 of 12 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (Z05-072) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on September 2, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. e. To provide 39 parking spaces (VC08-06) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 1 of 8 ZM08-09 PETITION NUMBER(S): ZM08-09 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 sanitary sewer. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-09 - APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 2 of 8 ZM08-09 ZM08-09 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 3 of 8 ZM08-09 SITE PLAN SUBMITTED DECEMBER 2, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 4 of 8 ZM08-09 Site Plan Submitted July 3, 2007 RZ07-010 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 5 of 8 ZM08-09 TREE LOCATION MAP CONDITION 3.c. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 6 of 8 ZM08-09 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. 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. The proposed connection is with the existing CVS Drugstore. This connection is within the Big Creek Sewer Basin. 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. In addition, a black 4 board equestrian style fence adjacent to the sidewalk. These conditions have 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 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 7 of 8 ZM08-09 required pursuant to RZ07-010. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM08-09 to modify condition 2.a. to modify the site plan of petition RZ07-010. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 21, 2009 1/9/2009 Page 8 of 8 ZM08-09 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 December 2, 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. (ZM08-09) 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. e. To provide a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Public Works. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: January 9, 2009, for Submission onto the January 21, 2009, City Council Meeting Agenda Item: Update on the Text Amendments to Article 22, “Appeals” of the City of Milton Zoning Ordinance. At the November 17, 2008 Council meeting the Mayor and City Council directed staff and the City Attorney to re-visit the proposed revisions to the variance consideration portion of the petition RZ08-09. As you know, this is an amendment package to Article 22 of the Zoning Ordinance. We were also asked to seek input from the Planning Commission and the Board of Zoning Appeals. As you know, on December 23, 2008 staff met with the Planning Commission. The first attachment titled PC-Revision to Variance Consideration 2(3) represents the revisions developed by the Planning Commission. On January 7, 2009 there was a work session between the Board of Zoning Appeals, the City Attorney and staff to discuss this matter. After much discussion, a revision to your recommended changes was developed. The second attachment titled Revision to Variance Consideration 2(5)-BZA represents that BZA’s redline version of the PC recommendation. These changes include: 1. Removal of “harmony” language and a re-write of A; and 2. Combine B and C; and 3. Delete D; and 4. Re-letter E and F; and 5. Make variance consideration for signs a separate section The last attachment titled Revision to Variance Consideration 2(no redline) (3) BZA is a no redline renditions of the changes. As you can see there are four variance considerations that an applicant must demonstrate. This version is simple and streamlined. On January 21, 2009 when this amendment package goes back before the Mayor and City Council staff will present both documents. Staff’s recommendation is that the condensed version be approved. Staff believes that this version is clean, concise, and focused. Please see Attached revisions City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 THESE ARE THE RECOMMENDATIONS BY THE PLANNING COMMISSION AT THEIR DECEMBER 18, 2008 MEETING. 22.3.1. VARIANCE CONSIDERATIONS. A Variance must be based upon credible evidence submitted at a public hearing before the Board of Zoning Appeals, demonstrating compliance with paragraphs A. and B. and at least 3 of paragraphs C,D,E, or F. the following; and also independently satisfying paragraph A. In case of a sign variance, compliance with paragraphs A and G are required. A. Relief, if granted, would be in harmony, or, could be made to be in harmony with the surroundings of the subject property and would not conflict with the general purpose and intent of the Zoning Ordinance; and B. The general purpose and intent of the Ordinance shall be observed; and or C.B. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the City's Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions; and or D.C. Such conditions are not the result of actions of the property owner; and or E. D. These conditions existed at the time of the enactment of the applicable Ordinance or Ordinances or after; and or F. E. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and or G.F. That the public safety, health and welfare are secured, and that substantial justice is done; or H.G In case of a sign, conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from an adjoining public road. Comment [r1]: Deletion recommended by PC Comment [r2]: This was inadvertently deleted from the considerations when considering sign variances. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 3 THESE ARE THE REDLINES RESULTING FROM THE MEETING WITH THE BZA ON JANUARY 7, 2009 22.3.1. VARIANCE CONSIDERATIONS. A Variance must be based upon credible evidence submitted at a public hearing before the Board of Zoning Appeals, demonstrating compliance with paragraphs A. through D. the following; and also independently satisfying paragraph A. A. Relief, if granted, would not offend the spirit or intent of the Ordinance; and B. The general purpose and intent of the Ordinance shall be observed; and or C.B. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; and and F. C. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and and G.D. That the public safety, health and welfare are secured, and that substantial justice is done. 22.3.1.1 SIGN VARIANCE. Relief to the Sign Ordinance may be granted where existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from an adjoining public road. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 4 HERE IS A CLEAN VERSION OF WHAT THE BZA RECOMMENDED 22.3.1. VARIANCE CONSIDERATIONS. A Variance must be based upon credible evidence submitted at a public hearing before the Board of Zoning Appeals demonstrating compliance with paragraphs A through D. A. Relief, if granted, would not offend the spirit or intent of the Ordinance; and B. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; and C. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and D. That the public safety, health and welfare are secured, and that substantial justice is done. 22.3.1.1 SIGN VARIANCE. Relief to the Sign Ordinance may be granted where existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from an adjoining public road. MILTON ZONING ORDINANCE 22-1 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink ADOPTED BY THE CITY OF MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XXII APPEALS 22.1. PURPOSE. The purpose of this Article is to establish procedures for appealing the strict application of regulations contained herein and conditions of zoning when those regulations impose a hardship on the development of the property, and to provide for interpretation of the text of this Ordinance and the Official Zoning Map. Appeals are authorized herein to be considered by various bodies and individuals depending on the type of appeal and its relationship to applications for Use Permits, Rezonings or Chapter 14, Article 6, Section 5 of the City Code. Variances apply to the development standards and district standards per the Zoning Ordinance or Chapter 14, Article 6, Section 5 of the City Code. Modifications apply to the approved conditions of zoning or use permit. 22.2. DECISION MAKING AUTHORITY. The following are the powers and jurisdiction of the various decision makers and administrative bodies. 22.2.1. MAYOR AND CITY COUNCIL The Mayor and City Council shall have the following powers and duties under the provisions of this Zoning Ordinance: A. To hear and decide applications for Rezonings, Use Permits, and Modifications pursuant to Article 22 and Article 28; B. To hear and decide applications for Concurrent Variances in conjunction with applications for rezonings, use permits, and/or zoning Modifications pursuant to Article 22 and Article 28; C. To hear and decide applications for stream buffer variances when the applicant requests a rezoning, use permit and/or zoning Modification concurrently pursuant to Article 22 and Chapter 14, Article 6, Section 5 of the Milton Land Development City Code and; D. To hear and decide applications for Variances from any Zoning Ordinance Deleted: ¶ Deleted: a Deleted: Resolution Deleted: or Deleted: Resolution Deleted: Modification Deleted: BOARD OF COMMISSIONERS (BOC). Deleted: Board of Commissioners (BOC) Deleted: Resolution Deleted: r Deleted: u Deleted: p Deleted: m Deleted: c Deleted: v Deleted: modification MILTON ZONING ORDINANCE 22-2 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink provision that involves more than 5 lots or more than 10% of lots in a subdivision whichever is greater pursuant to Article 22; E. To initiate a Modification of approved zoning conditions. 22.2.2. BOARD OF ZONING APPEALS (BZA). The Board of Zoning Appeals (BZA) shall have the following powers and duties under the provisions of this Zoning Ordinance: A. To hear and decide applications for Primary Variance requests B. To hear and decide applications for primary variances from any Zoning Ordinance provision that involves more than 5 lots up to 5 lots or up to ten percent (10%) of lots in a subdivision, whichever is greater. B. To hear and decide applications for stream buffer variance requests referenced in Chapter 14, Article 6, Section 5 of the Milton Land Development City Code, that are not concurrent with a rezoning, use permit or Modification; C.. To hear and decide appeals from the interpretation of any of the provisions of this Ordinance by the Community Development Director in accordance with Section 22.2.3.; D. To hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by any City of Milton official in the enforcement of this Zoning Ordinance and; E. To hear and decide appeals from a permitting or procedural decision of the Department Director regarding Minor or Administrative Variance requests. 22.2.3. DIRECTOR OF COMMUNITIY DEVELOPMENT , The Director of Community Development shall have the following jurisdiction, power and duties under the provisions of this Zoning Ordinance: A. To determine the type of appeal application or land use process the property owner/agent is required to apply for; B. To consider and decide on Minor Variances to minimum yard requirements, not to exceed ten percent of such requirement, as long as property owners Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Comment [r1]: Deletion recommended by PC Deleted: and Deleted: modification Deleted: Resolution Deleted: ¶ ¶ Deleted: p Deleted: v Comment [r2]: Revision recommended by PC Deleted: ¶ Deleted: B Deleted: Resolution Deleted: Director of the Department of Environment and Deleted: H. Deleted: C Deleted: Fulton County Deleted: Resolution Deleted: D Deleted: or Deputy Director Deleted: minor Deleted: administrative Deleted: variance Deleted: THE DEPARTMENT OF Deleted: ENVIRONMENT AND C Deleted: (E&CD) Deleted: the Department of Environment and Deleted: (E&CD) Deleted: Resolution Deleted: m Deleted: v MILTON ZONING ORDINANCE 22-3 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink with standing do not object; C. To consider and decide on Administrative Minor Variances of no more than 1 foot; D. To consider and decide on Administrative Variances; E.To consider and decide on Administrative Modifications to conditions of zoning; F. To interpret the provisions of the Zoning Ordinance related to the following: 1. Inconsistent, vague or obscure language; 2. Provisions which are in conflict or are confusing; and 3. Conflicting or redundant procedural requirements; and. G. To establish procedural requirements for review of appeal applications. 22.2.4. LIMITATION ON AUTHORITY. The authority and jurisdiction of Boards and individuals as provided herein shall be limited as outlined in the following. In exercising this jurisdiction, each hearing Board or individual shall have authority to determine whether it has jurisdiction. A.There shall be no Variances to permitted uses or accessory uses as specified in the zoning district regulations, administrative/use permit or zoning conditions. B. There shall be no Variances to the minimum lot area nor the minimum district size required in each zoning district. C.There shall be no Variances to the minimum lot frontage on a street as required in designated zoning districts of the Zoning Ordinance. D. There shall be no modification to increase the density or change the use approved under the rezoning case. E. There shall be no modification to revise a site plan that, as determined by the Director of Community Development results in a significant change in the Formatted: Bullets and Numbering Formatted: French (France) Formatted: Bullets and Numbering Deleted: a Deleted: m Deleted: v Deleted: a Deleted: v Deleted: a Deleted: m Deleted: Resolution Deleted: variance Deleted: variance Deleted: variance Deleted: Resolution Deleted: except to allow for the development of a conservation subdivision. (Amended 05/05/04) Deleted: the Department of Environment and Deleted: (E&CD) MILTON ZONING ORDINANCE 22-4 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink approved concept. Such a site plan revision shall require rezoning pursuant to Article 28. F. There shall be no relief or Variance from the standards of Article 22 or Article 28. 22.3. VARIANCES. A Variance is a request for relief from the provisions of the Zoning Ordinance. There are 6 types of Variance applications. The type of Variance necessary shall be determined by the Director of Community Development. The different types of appeals are listed below and described in the following sections: 1. Administrative Variance 2. Minor Variance/Administrative Minor Variance 3. Primary Variance 4. Secondary Variance 5. Interpretation 6. Concurrent Variance 22.3.1. VARIANCE CONSIDERATIONS. A Variance must be based upon credible evidence submitted at a public hearing before the Board of Zoning Appeals, demonstrating compliance with paragraphs A. and B. and at least 3 of paragraphs C,D,E, or F. In case of a sign variance, compliance with paragraphs A and G are required. A. Relief, if granted, would be in harmony, or, could be made to be in harmony with the surroundings of the subject property and would not conflict with the general purpose and intent of the Zoning Ordinance; and B. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the City's Ordinance would create an unnecessary hardship due to size, shape or topography or Deleted: variance Deleted: variance Deleted: Resolution Deleted: variance Deleted: variance Deleted: the Department of Environment and Deleted: Variance MILTON ZONING ORDINANCE 22-5 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink other extraordinary and exceptional situations or conditions; or C. Such conditions are not the result of actions of the property owner; or D. These conditions existed at the time of the enactment of the applicable Ordinance or Ordinances or E. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; or F. That the public safety, health and welfare are secured, and that substantial justice is done; or G. In case of a sign, conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from an adjoining public road. 22.4. ADMINISTRATIVE VARIANCE. The Director Community Development is authorized by this Ordinance to consider an Administrative Variance whenever a property owner maintains that a provision contained in Article 34, DEVELOPMENT REGULATIONS, as applied to a specific situation, is not in the best interest of the public health, safety and welfare; whenever there is a request for the alteration of the 10 foot improvement setback required along all buffers as required in the conditions of zoning and/or in Article 4.23.1 MINIMUM LANDSCAPE STRIPS AND BUFFERS; and whenever there is a request up to a 10% reduction in the number of required parking spaces per Article 18.2.4, ADMINISTRATIVE REDUCTION OF SPACES CONSTRUCTED 22.5. ADMINISTRATIVE MINOR VARIANCE. The Director of Community Development may grant an Administrative Minor Variance up to 1 foot from any minimum yard requirement. Deleted: 22.3.1.VARIANCE CONSIDERATIONS. Variances may be considered in all districts. Primary variances and concurrent variances shall only be granted upon showing that:¶ ¶ A.Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general purpose and intent of the Zoning Resolution; or, ¶ ¶ B.The application of the particular provision of the Zoning Resolution to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public; or,¶ ¶ C.Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from an adjoining public road.¶ Deleted: of the Department of Environment and Deleted: Resolution Deleted: .(Amended 12/1/99) Deleted: the Environment and MILTON ZONING ORDINANCE 22-6 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink 22.6. MINOR VARIANCE. The Director of Community Development may grant Minor Variances to minimum yard requirements, not to exceed ten percent of such requirement, as long as no objection has been submitted in writing to the Director of Community Development. An appeal to a Minor Variance decision must be filed as a Secondary Variance request. 22.7. PRIMARY VARIANCE. A request for a Primary Variance from any Zoning Ordinance provision that is not being handled as a Minor, Administrative Minor or Concurrent Variance and shall be heard and decided by the Board of Zoning Appeals in accordance with Section 22.3.1. 22.7.1 PRIMARY VARIANCE HEARD BY THE MAYOR AND CITY COUNCIL. A request for a Variance from any Zoning Ordinance provision that involves more than 5 lots or more than ten percent 10% of lots in a subdivision, whichever is greater in accordance with section 22.3.1. 22.8. SECONDARY VARIANCE/INTERPRETATION. The Board of Zoning Appeals shall consider appeals of Variance decisions and interpretations made by any Department Director authorized to grant a Variance request or interpretation. This type of appeal is considered a Secondary Variance. 22.9. CONCURRENT VARIANCES. The Mayor and City Council shall consider a Concurrent Variance from any standards of the Zoning Ordinance or Chapter 14, Article 6, Section 5 (Stream Buffers) of the Milton Land Development City Code which shall be filed simultaneously with Rezoning, Use Permit or Zoning Modification requests on the same property based on the conceptual plan submitted with the petition for the same agenda. The Planning Commission shall also hear and make recommendations on Concurrent Variances filed with Rezonings or Use Permit applications. The Mayor and City Council shall consider such Concurrent Variance requests in accordance with the standards set forth in Section 22.3.1. Public notification shall be in accordance with Sections 22.13.9 and 28.3 Deleted: the Environment and…m…v… Environment and…m…v…(Amended 12/1/99) Deleted: v…Resolution…m…a…m…c v Comment [r3]: Deletion recommended by PC Comment [r4]: Deletion recommended by PC Deleted: v…or Deputy Department Director …v…s…v Deleted: Board of Commissioners… may…c…v…Resolution…r…u…p…z… m…Community Zoning Board…c…v…r…u…p…Board of Commissioners…concurrent…variance ... [2] ... [1] ... [3] ... [4] MILTON ZONING ORDINANCE 22-12 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink street frontage of the subject site, at least 20 days, but not more than 45 days, prior to the public hearing at which an application will be heard. The sign shall be mounted and posted as specified by the Community Development Department. Property that is not posted on the 20th day before the scheduled hearing date will be administratively removed from the agenda. The sign will remain posted on-site until final action by the appropriate hearing body is taken. When the Board of Zoning Appeals defers a petition, the applicant is required to post an updated sign with new hearing dates 20 days prior to the next scheduled hearing date. When the Mayor and City Council defers a petition, an updated sign is not required. The posted sign shall contain the date, time, place and purpose of the hearing. For zoning Modifications, all notices shall contain all of the items listed in the previous sentence, the location of the property, the zoning and/or use permit case number to be modified and the condition number(s) to be modified. The posting of a sign is not required when a Secondary Variance is not requested by the property owner or owner’s representative. 3. Notice of the public hearing shall be postmarked 15 days prior to the hearing date and shall be given by regular mail to all property owners within 300 feet of the boundaries of the property who appear on the current tax records of Fulton County as retrieved by the City’s Geographic Information System. Renotification is not required when a petition is deferred by the Mayor and City Council or the Board of Zoning Appeals. The mailing of public notices is not required when a Secondary Variance is sought by other than the property owner. B. For those applications not requiring a public hearing, notification shall be provided as follows: MILTON ZONING ORDINANCE 22-13 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink 1. Administrative Variance: The owners of property adjacent and contiguous across the right-of-way of the subject site shall be notified in accordance with Section 22.13.9(A)(3). 2. Minor Variance: The owners of property adjacent and contiguous across the right-of-way of the subject site shall be notified in accordance with Section 22.13.9(A)(3). 3. Administrative Modification: The Director of Community Development shall determine what notification, if any, is reasonable on a case by case basis. 4. Administrative Minor Variance: No written notification. 22.13.10. DECISIONS. The Mayor and City Council, Board of Zoning Appeals, and the Director of Community Department in considering applications under this Article shall do one of the following: A. Approve or partially approve B. Approve and impose conditions related to the application being considered C. Deny D. Hold for further study not less than 30 days E. Approval to Withdraw 22.13.11. BOARD OF ZONING APPEALS DECISION ON SECONDARY VARIANCES/INTERPRETATIONS. The Board of Zoning Appeals may take the following actions pursuant to a Secondary Variance and/or an interpretation appeal: A. Affirm an order, requirement, or decision, wholly or partly. B. Reverse an order, requirement, or decision, wholly or partly. C. Clarify. Present an interpretation of the text in the form of a statement of clarification. Such statement shall not contain substitute language, but shall rely upon language and definitions contained in the City of Milton Zoning Ordinance, and definitions contained in Merriam-Webster Collegiate Dictionary, eleventh edition. 22.13.12. NOTICE OF DECISIONS. Written notice of all decisions shall be placed in the Deleted: the Environment and Deleted: Department Deleted: Board of Commissioners Deleted: the Environment and Deleted: (Amended 04/03/02) Comment [r8]: Recommended by PC. Deleted: secondary Deleted: variance Deleted: ¶ ¶ Deleted: Fulton County Zoning Resolution Deleted: tenth MILTON ZONING ORDINANCE 22-14 RZ08-09 – Mayor and City Council Meeting – January 21, 2009 Changes recommended by Staff in Blue Changes recommended by PC in Comment Boxes in Pink official case file and shall be forwarded to the applicant by regular mail within 7 working days from the date of the decision by the following authority: A. The Director of Community Development shall provide written notification of the Board of Zoning Appeals’ decisions; B. The Director of Community Development shall, with respect to Minor Variances, Administrative Variances, and Administrative Modifications provide written notification of such decisions. The approval of a Building Permit shall constitute notice of approval for an Administrative Minor Variance; and C. The Director of Community Development shall, with respect to zoning Modifications and Concurrent Variances, provide written notification of the Mayor and City Council’s decisions. 22.13.13. RECONSIDERATION OF DENIED APPLICATION. If a Variance or Modification application is denied by an authorized Department Director, Mayor and City Council or the Board of Zoning Appeals, an application for the same Variance or Modification item shall not be considered until: A. At least six months has elapsed from the date of the decision; or B. New information pertinent to the subject, not previously considered, is submitted by the petitioner and the 12-month period is waived by the hearing body. If an application is denied by the Director of Community Development Department, the applicant may appeal the decision to the appropriate hearing body depending on the type of petition. This provision is not intended to supersede provisions of Article 28.2 as related to decisions regarding rezonings and/or use permits. 22.13.14. TIME LIMITATION ON APPEALS TO SUPERIOR COURT. (Amended 12/1/99) The decision of the Board of Zoning Appeals is a final decision; therefore, any appeal of such a decision shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County within 30 days of the date of the decision. The applicant’s petition, application for writ of certiorari, the writ of certiorari and any other initials filings with the Superior Court shall be served upon Deleted: the Environment and Deleted: Department Deleted: the Environment and Deleted: Department Deleted: minor Deleted: variance Deleted: administrative Deleted: variance Deleted: administrative Deleted: modification Deleted: b Deleted: p Deleted: administrative Deleted: minor Deleted: variance Deleted: Clerk to the Board of Commissioners Deleted: modification Deleted: concurrent Deleted: variance Deleted: Board of Commissioners’ Deleted: variance Deleted: modification Deleted: Board of Commissioners Deleted: variance Deleted: modification Comment [r9]: Recommended by PC. Deleted: 6- Deleted: the Environment and City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: January 6, 2009 for Submission onto the January 21, 2009, City Council Meeting Agenda Item: Text Amendments to Chapter 14, City Code of Ordinances. CMO (City Manager’s Office) Recommendation: To review the attached text amendment to Chapter 14, City Code of Ordinances as recommended by the Mayor and City Council and the Board of Zoning Appeals. Background: At the June 9, 2008 Council work session, The Council heard a presentation from the City of Milton Board of Zoning Appeals related to their recommendation for possible modifications to Article 22, “Appeals” of the Zoning Ordinance and to Chapter 14, Development and Environmental Protection within the City Code of Ordinances as it relates to variance procedures. The Mayor and City Council informally supported the recommendations and gave direction for the City Attorney and Staff to make the necessary ordinance changes for the Mayor and City Council’s potential adoption. At the November 17, 2008 Mayor and City Council Meeting, the Mayor and Council approved those portions of Chapter 14 to comply with the most recent State of Georgia Model Ordinance that addresses erosion control and Stormwater management. Section 5 that pertains to variance requests to stream buffers (Page 59) and the approved variance be site plan specific (page 61) were not approved based on the fact that Article 22, Appeals of the City of Milton Zoning Ordinance was deferred for further discussion and approval to the January, 2009 meeting. Discussion: The major change to Chapter 14, Article 6, Section 5 as it pertains to variance requests to stream buffers is that the Mayor and City Council shall hear and decide on all requests that are concurrent to rezoning, use permit, or modification applications (Page 59). In addition, the Board of Zoning Appeals recommended that an approved variance be site plan specific which is reflected in this amendment (Page 61). The Planning Commission reviewed the document at their October 28, 2008 meeting. It was their opinion that there is an inconsistency between page 59 of Chapter 14 and page 22-6 of Article 22, Appeals. Also, there was discussion about the inconsistencies between the definitions of Chapter 14 of the City Code and of Article 3, Definitions in the City of Milton City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Zoning Ordinance. After discussions with the Staff, it has been determined that each set of definitions relates to its own ordinance and although the two may have the same words, each ordinance has defines each word for the purpose of that ordinance. Alternatives: The Mayor and City Council may choose to approve, deny or defer this text amendment to Chapter 14, Development and Environmental Protection, of the City Code of Ordinances. Concurrent Review: Mort Smedley, Interim City Manager, Ken Jarrard, City Attorney CHAPTER 14: LAND DEVELOPMENT AND ENVIRONMENTAL PROTECTION Text Amendment to City of Milton, Chapter 14: Land Development and Environmental Protection Mayor and City Council Meeting – January 21, 2009 Staff recommendations shown in RED and underlined. 1 Section 5: Land Development Requirements (a) Buffer and Setback Requirements All land development activity subject to this ordinance shall meet the following requirements: (i) An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the point of wrested vegetation. (ii) An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback. (iii) No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. (b) Variance Procedures Variances from the above buffer and setback requirements may be granted in accordance with the following provisions: (i) Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this ordinance, and the City of Milton finds and determines that the requirements of this ordinance prohibit the otherwise lawful use of the property by the owner, the Mayor and City Council of the City of Milton may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel. Once established by the Mayor and City Council, the Board of Zoning Appeals of the City of Milton may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel. (ii) Except as provided above, and until such time as the Mayor and City Council establishes the Board of Zoning Appeals, the Mayor and City Council shall grant no variance from any provision of this ordinance without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Mayor and City Council. Once established by the Mayor and City Council, the Board of Zoning Appeals of the City of Milton shall grant no variance from any provision of this ordinance without first conducting a public CHAPTER 14: LAND DEVELOPMENT AND ENVIRONMENTAL PROTECTION Text Amendment to City of Milton, Chapter 14: Land Development and Environmental Protection Mayor and City Council Meeting – January 21, 2009 Staff recommendations shown in RED and underlined. 2 hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Zoning Appeals. The City of Milton shall give public notice of each such public hearing in a newspaper of general circulation within the City. The City of Milton shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way. (iii) When a variance request is concurrent with a Rezoning, Use Permit or a Modification application it shall be considered by the Mayor and City Council and shall follow the process contained in Article 22.9, “Concurrent Variances” of the City of Milton Zoning Ordinance. VARIANCES WILL BE CONSIDERED ONLY IN THE FOLLOWING CASES: (A) WHEN A PROPERTY’S SHAPE, TOPOGRAPHY OR OTHER PHYSICAL CONDITIONS EXISTING AT THE TIME OF THE ADOPTION OF THIS ORDINANCE PREVENTS LAND DEVELOPMENT UNLESS A BUFFER VARIANCE IS GRANTED. (B) UNUSUAL CIRCUMSTANCES WHEN STRICT ADHERENCE TO THE MINIMAL BUFFER REQUIREMENTS IN THE ORDINANCE WOULD CREATE AN EXTREME HARDSHIP. VARIANCES WILL NOT BE CONSIDERED WHEN, FOLLOWING ADOPTION OF THIS ORDINANCE, ACTIONS OF ANY PROPERTY OWNER OF A GIVEN PROPERTY HAVE CREATED CONDITIONS OF A HARDSHIP ON THAT PROPERTY. (iii) At a minimum, a variance request shall include the following information: (A) A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey; (B) A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; (C) A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated; CHAPTER 14: LAND DEVELOPMENT AND ENVIRONMENTAL PROTECTION Text Amendment to City of Milton, Chapter 14: Land Development and Environmental Protection Mayor and City Council Meeting – January 21, 2009 Staff recommendations shown in RED and underlined. 3 (D) Documentation of unusual hardship should the buffer be maintained; At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible; (E) A calculation of the total area and length of the proposed intrusion; A stormwater management site plan, if applicable; and, (F) Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed. (iv) The following factors will be considered in determining whether to issue a variance: (A) The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; (B) The locations of all streams on the property, including along property boundaries; (C) The location and extent of the proposed buffer or setback intrusion; and, (D) Whether alternative designs are possible which require less intrusion or no intrusion; (E) The long-term and construction water-quality impacts of the proposed variance; (F) Whether issuance of the variance is at least as protective of natural resources and the environment. v. Any variance approved shall be site plan specific. Section 6: Compatibility with Other Buffer Regulations and Requirements. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. Additional standards which apply and will be enforced by Milton are: CHAPTER 14: LAND DEVELOPMENT AND ENVIRONMENTAL PROTECTION Text Amendment to City of Milton, Chapter 14: Land Development and Environmental Protection Mayor and City Council Meeting – January 21, 2009 Staff recommendations shown in RED and underlined. 4 (a) Metropolitan River Protection Act and Chattahoochee Corridor Plan: Requires a 50-foot undisturbed vegetative buffer and 150-foot impervious surface setback on the Chattahoochee and its impoundments and a 35-foot undisturbed vegetative buffer (all measured from the edge of the water) on perennial tributary streams in a Corridor extending 2000 feet from either bank of the river and its impoundments. The Corridor extends from Buford Dam to the downstream limits of the Atlanta region (Douglas and Fulton Counties). Streams in the basin of the Corridor are required to be protected by buffers, but no required width is specified. (Georgia Code 12-5-440 et seq.) (b) DNR Part 5 Criteria for Small (under 100 square miles) Water Supply Watersheds Authorized under Part V of the Georgia Planning Act of 1989, these criteria require 100-foot undisturbed buffers and 150-foot setbacks on all perennial streams within 7 miles upstream of a public water supply reservoir or public water supply intake. Beyond 7 miles, the required buffer is 50 feet and the required setback is 75 feet. Equivalent protection measures can be adopted with approval from Georgia DCA and DNR. (c) DNR Part 5 Criteria for River Protection Authorized under the 1991 Mountains and River Corridors Protection Act of 1991, these criteria require a 100-foot buffer along rivers with average annual flows of greater than 400 cfs (excepting the portion of the Chattahoochee referenced above). The buffer is measured from the top of the stream bank. (d) Other such State and Federal regulations as may be adopted from time to time. While the requirements of this ordinance are intended to apply to all streams in the City of Milton, special conditions may exist that require greater protection. Nothing in this ordinance should be construed as preventing the establishment of wider and/or more restrictive buffers and setbacks as required under any other existing or future legislation. In addition, nothing in this ordinance should be construed as preventing the establishment of wider buffers for purposes of protecting green space, preserving habitat or other goals that may not be specifically mandated by legislation. Page 1 of 5 COUNTY OF FULTON STATE OF GEORGIA ORDINANCE NO. 08-01-___ AN ORDINANCE AMENDING THE NOISE CONTROL ORDINANCE WITHIN THE CITY OF MILTON, GEORGIA. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council meeting on the _____ day of January 2009, as follows: Section 1. Declaration of policy. It is hereby declared to be the policy of the city of Milton to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the city council to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. Section 2. Definitions. As used in this chapter, the following terms shall have the following meanings. All technical terminology used in this chapter and not defined specifically herein shall be interpreted in conformance with American National Standards Institute’s Specifications. A. “dB(A)” means the sound level measured in decibels, using the “A” weighting network on a sound level meter. B. “District” means the land use zone to which the provisions of this chapter are applied. For the purposes of this chapter: 1. “Residential district” includes all “R” classified, AG-1, A, AL, CUP, NUP, and TR zoning districts. 2. “Commercial districts” include C-1, C-2, M-1, MIX and O-I zoning districts. C. “Emergency work” means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from an immediate exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility services. D. “Equipment” means any stationary or portable device or any part thereof capable of generating sound. Page 2 of 5 E. “Noise control administrator” means the person designated by the City Manager to enforce the provisions of this chapter. In addition to the noise control administrator, any police officer or code enforcement officer may enforce the provisions of this chapter. F. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private. G. “Property boundary” means the surveyed line at ground surface which separates the real property owned, rented or leased by one or more persons from that owned, rented or leased by another or others, and its vertical extension. H. “Receiving property” means the real property within which sound originating from outside the property is received. I. “Sound level meter” means a sound level measuring device either type I or type II certified special use meters as defined by American National Standards Institute’s Specifications. Section 3: Unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound level established in this chapter. Section 4: Maximum permissible sound levels. The maximum permissible sound level as measured at the property line or anywhere within the receiving property shall be as set forth in the following table: District of Received Sound Residential Commercial Residential 65dB(A) 70 District of Sound Source Commercial 65 70 Page 3 of 5 Section 5: Modification to maximum permissible sound levels. The maximum permissible sound levels established by this chapter shall be reduced or increased by the sum of the following: A. Between the hours of 10:00 p.m. and 7:30 a.m. the noise levels shall be reduced by 10 5 dB(A) for receiving property within residential districts, except for noise from electrical substations and existing stationary equipment used in conveyance of water by a utility. B. Between the hours of 7:30 a.m. and 10:00 p.m., the applicable noise levels may be exceeded for any receiving property by no more than: 1. 5 dB(A) for a total of 15 minutes in any one hour period, or 2. 10 dB(A) for a total of five minutes in any one hour period, or 3. 15 dB(A) for a total of 1.5 minutes in any one hour period. Section 6: Exemptions. The following sounds are exempt from the provisions of Section 5 of this chapter at all times: A. Noises caused by motor vehicles used for highway maintenance or noises caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property in a safe condition following a public calamity. B. Sounds created by church bells, chimes or carillons not operating for more than five minutes in any one hour. C. Sounds originating from aircraft and watercraft. D. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release purpose of the device. E. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire fighters and aid personnel. F. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad. G. Sounds originating from officially sanctioned parades and other city-sponsored events to which the general public is solicited to attend without charge. H. Sounds caused by natural phenomena and unamplified human voices, except for public disturbance noises as defined in Section 9. Page 4 of 5 Section 7: Sounds exempt during daytime hours. A. The following sounds are exempt from the provisions of this chapter between the hours of 7:30 a.m. to 10:00 p.m.: 1. Sounds originating from residential property relating to homeowner-sponsored temporary projects for the maintenance and repair of existing homes and grounds, including but not limited to lawn mowers, saws, hammering and gardening. This exemption applies to the construction such incidental appurtenances for existing homes as fences, decks, patios, carports, swimming pools, ponds, walkways and private kennels. 2. Sounds created by blasting. 3. Sounds created by the installation or repair of essential utility services or public road projects. B. Sounds originating from construction sites under permit as a result of construction activity or commercial lawn maintenance are exempt from the provisions of this chapter, but only during the hours of 7:30 a.m. to 7:30 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays. C. There shall be no construction generated sounds allowed on Sundays and federal holidays. D. Sounds emanating from a league, school or church-sponsored sporting or recreational event shall be exempt so long as they do not exceed 70dB(A). Section 8: Variances. A. Variances may be granted to any person from any requirement of this Ordinance if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of nonavailability of feasible technology or control methods. B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. Section 9: Public disturbance noises. It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow to originate from the property, unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer or code enforcement officer. Page 5 of 5 Section 10: Penalties. Any person found guilty of violating any provision of this Ordinance shall be punished in a manner consistent with Chapter 1, General Provisions, Article 3, Violations, Section 1 of this Code of Ordinances. Violations of a continuing nature, each day during which it occurs, shall constitute an additional, separate and distinct offense. Section 11: Severability. If any word, phrase or other portion of this chapter is for any reason held invalid, the remaining portions of this chapter shall not be affected. Section 12: Repealer. All Ordinances or parts of ordinances in conflict herewith are held repealed, including without limitation, the previously existing City of Milton Noise Control Ordinance. ORDAINED this ____ day of January 2009. _______________________________ Joe Lockwood, Mayor Attest: ______________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _______ A RESOLUTION AMENDING RESOLUTION NO. 09-01-66, A RESOLUTION TO CREATE THE MILTON PARKS AND RECREATION ADVISORY BOARD AND TO ADOPT THE MILTON PARKS AND RECREATION ORDINANCE BY ADDING BOARD MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January ____2009 at 6:00 p.m. as follows: SECTION 1. That _________ (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this _____of January 2009. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk STATE OF GEORGIA RESOLUTION NO. _______ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 09-01-67, A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE HIGHWAY 9 DESIGN GUIDELINE COMMITTEE FOR POTENTIAL REVISION TO THE HIGHWAY 9 OVERLAY DISTRICT OF THE CITY OF MILTON ZONING ORDINANCE BY ADDING COMMITTEE MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the ____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That (To Be Determined) (Mayor’s Appointment) is hereby appointed for a term commencing _________________ and ending December 31, 2009; and SECTION 2. That (To Be Determined) (District 1) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That (To Be Determined) (District 3) is hereby appointed for a term commencing _____________and ending on December 31, 2009; and SECTION 5. That (To Be Determined) (District 4) is hereby appointed for a term commencing _____________ and ending December 31, 2011; and SECTION 6. That this Resolution shall become effective upon its adoption. RESOLVED this ____ day of January 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. ______ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 09-01-68, A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE HISTORIC PRESERVATION COMMITTEE FOR DEVELOPMENT OF A HISTORIC PRESERVATION ORDINANCE FOR THE CITY OF MILTON BY ADDING COMMITTEE MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That (To Be Determined) (To Be Determined) (Mayor’s Appointments) is hereby appointed for a term commencing January _____, 2009 and ending December 31, 2009; and SECTION 2. That (To Be Determined (District 1) is hereby appointed for a term commencing __________ and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That (To Be Determined) (District 3) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 5. That (To Be Determined) (District 4) is hereby appointed for a term commencing ____________ and ending on December 31, 2011; and SECTION 6. That (To Be Determined) (District 6) is hereby appointed for a term commencing ________ and ending on December 31, 2011; and SECTION 7. That this Resolution shall become effective upon its adoption; RESOLVED this _____day of January, 2009. Approved: __________________________ Attest: Joe Lockwood, Mayor _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. _________ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12- 62, A RESOLUTION TO CREATE A STAKEHOLDER ADVISORY COMMITTEE FOR CITY OF MILTON TRANSPORTATION PLAN BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That Bruce Smitherman (Mayor’s Appointment) is hereby appointed for a term commencing December 15, 2008 and ending December 31, 2009; and SECTION 2. That (To Be Determined) (District 1) is hereby appointed for a term commencing ___________ and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That (To Be Determined) (District 3) is hereby appointed for a term commencing _______________and ending on December 31, 2009; and SECTION 5. That Clyde Johnson (District 4) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2011; and SECTION 6. That Vic Jones (District 5) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2009; and SECTION 7. That Brad Robinson (District 6) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this ___ day of January, 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. _________ COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 08-12-63, A RESOLUTION TO CREATE A CITIZEN ADVISORY COMMITTEE FOR CITY OF MILTON CONCEPT PLANS FOR THE INTERSECTIONS OF BIRMINGHAM AT PROVIDENCE AND ARNOLD MILL AT NEW PROVIDENCE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of January 2009 at 6:00 pm. as follows: SECTION 1. That Yvonne Latorre (Mayor’s Appointment) is hereby appointed for a term commencing December 15, 2008 and ending December 31, 2009; and SECTION 2. That (To Be Determined) (District 1) is hereby appointed for a term commencing ___________ and ending on December 31, 2009; and SECTION 3. That (To Be Determined) (District 2) is hereby appointed for a term commencing _______________ and ending on December 31, 2011; and SECTION 4. That (To Be Determined) (District 3) is hereby appointed for a term commencing _______________and ending on December 31, 2009; and SECTION 5. That (To Be Determined) (District 4) is hereby appointed for a term commencing _____________ and ending on December 31, 2011; and SECTION 6. That Marty Littleton (District 5) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2009; and SECTION 7. That Brad Robinson (District 6) is hereby appointed for a term commencing December 15, 2008 and ending on December 31, 2011; and SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this ___ day of January, 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Dan Drake, Public Works Director Date: January 6, 2009 for January 21 Council meeting Agenda Item: “Approval of Amendment to Professional Service Agreement with Kimley-Horn and Associates, Inc.” Background: The City of Milton signed a multi-year zero-dollar contract for on-call planning and engineering services with Kimley Horn and Associates, Inc. on November 7, 2008. The insurance section: section I (7) states that subcontractors are required to carry the same insurance coverage as the prime consultant. Discussions with some of the subcontractors have revealed that this may not be possible due to the scope of work which these subs will be providing. For instance, one subconsultant is a one-man firm which is involved only in conducting educational workshops. As such he is not exposed to the kinds of liability that most consultants encounter, and therefore does not carry the liability insurance described. Cooper Consultants, Bleakley Advisory Group, Joel F. Stone and Randall Arendt are all affected by this provision. These subcontractors carry $1 million limits rather than the $2 million listed in the master contract. Additionally the rates for these subcontractors were not included in the previous Professional Service Agreement. Discussion: Staff recommends the approval of the amendment to modify the language in the contract for the subcontractors to carry commercially reasonable insurance coverage in such amounts as is acceptable to the City and to include the rates for these subcontractors. Attachments: Amendment to Professional Services Agreement with Kimley-Horn and Associates, Inc. Concurrent Review: Legal Review – Paul Higbee, Jarrard & Davis – December 22, 2008 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment to Professional Services Agreement (hereinafter referred to as this "Amendment”) is made this ______ day of ___________, 2008, by and between KIMLEY-HORN AND ASSOCIATES, INC. ("KHA"), and the CITY OF MILTON, GEORGIA, (the "CITY"). W I T N E S S E T H: WHEREAS, the parties entered into a Professional Services Agreement dated the ____ day of __________________, 2008 (the “Agreement”), a copy of which is attached hereto and incorporated herein by reference as Exhibit “A”; and WHEREAS, the parties now desire to amend the subcontractor insurance requirements contained in said Agreement pursuant to Article VIII of the Agreement; and WHEREAS, the parties desire to amend Exhibit “C” Rates for Compensation to include negotiated rates for subcontractors; and WHEREAS, the parties desire for all other terms and conditions of the Agreement to continue in full force and effect. FOR AND IN CONSIDERATION OF the above premises, the exchange of $10.00, and other good and valuable consideration described herein, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. The parties agree that Article IV(I)(7) of the Agreement is hereby modified to read as follows: “Consultant shall ensure that all subcontractors carry commercially reasonable insurance coverage in such amounts as are acceptable to the City, but in no event shall subcontractors carry general liability – claims accrued coverage of less than $100,000 per occurrence with a $300,000 annual aggregate.” 2. The parties agree that Exhibit “C” Rates for Compensation of the Agreement is hereby modified to read as follows: 3. The parties agree that all other terms and conditions of the Agreement shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. KIMLEY-HORN AND ASSOCIATES, INC. By:______________________________________ Name/Title: Attest:___________________________________ Name/Title: [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA By:______________________________________ Name/Title: Attest:___________________________________ Name/Title: EXHIBIT “A”