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HomeMy WebLinkAbout03-16-09 PacketPage 1 of 2 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, March 16, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Minister, Community of Christ Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 09-821) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 09-822) 1. Approval of the March 2, 2009 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 09-823) 2. Approval of Financial Statements for the period ending February 2009. (Presented by Stacey Inglis, Finance Manager) 7) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing Zachary Eller, State Honoree in the Prudential Spirit of Community Award. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 16, 2009 – 6:00 PM Page 2 of 2 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA (Agenda Item No. 09-824) 1. ZM08-08/VC08-08 South side of Webb Road by Ken Morton, Webb Road Associates 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 two 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). (Presented by Alice Wakefield, Community Development Director) 10) UNFINISHED BUSINESS (none) 11) NEW BUSINESS (Agenda Item No. 09-825) 1. Approval of a Resolution in Support of Creating a Culture of Universal Accessibility for all Residents and Visitors in the City of Milton. (Presented by Marie B. Latta, ADA Coordinator) (Agenda Item No. 09-826) 2. Approval for the Fire Department to Submit a Grant Application to Firehouse Subs Public Safety Foundation for the Purchase of R.I.T. pack Firefighter Safety Devices. (Presented by ML Marietta, Planning and Emergency Management Coordinator) (Agenda Item No. 09-827) 3. Approval of a Change Order to increase the CH2MHILL contract amount for Financial and Land Use Planning modeling (Additional Services) for a sum of $10,000. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 09-828) 4. Approval of a Resolution to Amend Resolution No. 08-12-58, A Resolution Adopting the 2009 City of Milton City Council Regular Meeting and Work Session Schedule to Change the May 2009 Meeting dates. (Presented by Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) (Agenda Item No. 09-829) 15) ADJOURNMENT The minutes will be Provided electronically 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 March 6 for March 16, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 5 - February 2009 OVERVIEW and FINANCIAL HIGHLIGHTS: We are starting to work on the analysis of how our finances are faring with the current economic conditions and hope to have the results to you soon. As mentioned in the memo for Januarys financial statements, a quick analysis shows several of the revenue sources trending lower than the previous year, therefore, it is expected that budget cuts will be necessary. Each department head is conscious of the constraints we are facing and is already being conservative with their spending. General Fund Revenue collections for the General Fund totaling $2,796,994 are approximately 4.65% higher than anticipated for the fifth period of the fiscal year. Total expenditures to -date are $7,965,047 and are 7.51°% 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 $862,330. 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Q n Lo w r rD m m C 7 0 0 0 O O O O tr1 µ7 O1 X01 rt`=cl7 N M d @i[147N -;rO rO 67O ST C7rcQ7[2 R 7 Si v ✓ �. � m D r _ r7�0Novo1`w"00000ao^ a an N n t7 6/ V' CO Iq C' M D m cc%t to oo v r' � v D) r M N r r v �wr n�7altnaoottoCo QQQQOQT o CD M Q 11"! 117 Cllc lc a Cl7 Iq Q n�nti�i��a G .�3+ N r 10 V a � " 07 Q7 NN Q co m m C4 to cp Co a a n LL7 �0 07r 1D n yr W>m 11707Qm v uvea C N_ C7 r-- co co m lr1 CD n m CD co m O_ Q r_ ,a e600 rCp I- c6 Mc6M �M M M a61 M�nn OrOMC.g N nD7 't cc M 0147[p67 NcOn ON I.- r - co m A N tp N C N N 7 C C a U. Il C U- r C N 2 :2 m d 0 G N m 10 E Q a Q N IC CC a a ,a000U p1 O p E i� d 2 2 G C !L C 7 O V C �= O y CU Q .� w _ U r - :10y CLj �.. D U H N N v1 N CrCaZ dp�) IM15 p D UC H O N t¢�� ❑ i N x Q 'M N Orn - C U W U U c C Q D� 0 Oo '_ rn a oo rn [p CL N C) C C C C C p 1O aYg E: c7 Q E100 �F- q`1 R a7 OIis a o N N Q- a n c_ �UUi7520-0-a000000�0 City of Milton Special Events Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2009 Variance with Original Budget Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Contributions & Donations $ $ $ - $ Interest Revenues - - Holiday Card Sales 100 405 405 Total revenues $ - $ - $ - $ - EXPENDITURES Current: Special Events $ 40,000 $ 2,296 $ 15,013 $ 24,987 Total Expenditures $ 40,000 $ 2,296 $ 15,013 $ 24,987 OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund $ 40,000 $ 3,780 $ 16,438 $ (23,562) Total other financing sources and uses $ 40,000 $ 3,780 $ 96,438 $ (23,562) Net change in fund balances $ - $ 1,424 Fund balances - beginning - - Fund balances - ending $ - $ 1,424 City of Milton Confiscated Assets Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2009 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 $ - $ $ (73,845) Total other financing sources and uses $ 73,845 $ - $ $ (73,845) Net change in fund balances $ - $ 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 February 28, 2009 Fund balances - beginning Fund balances - ending $ - $ (94,465) Variance with Original Budget Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Pasitive (Negative) REVENUES Wireless 911 Fees $ 570,000 $ 64,936 $ 189,989 $ (380,011) Total revenues $ 570,000 $ 64,936 $ 189,989 $ (380,011) EXPENDITURES Current: Public Safety $ 530,000 $ 1,700 $ 284,454 $ 245,546 Total Expenditures $ 530,000 $ 1,706 $ 284,454 $ 245,546 OTHER FINANCING SOURCES (USES) Unallocated $ (40,000) $ - $ - $ 40,000 Total other financing sources and uses $ (40,000) $ - $ - $ 40,000 Net change in fund balances $ - $ (94,465) Fund balances - beginning Fund balances - ending $ - $ (94,465) City of Milton Operating Grant Fund Statement of Revenues, Ependltures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2009 Original Variance with Budget Current Period Project -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Intergovernmental Revenues State Grant -Operating Cat -Indirect $ 147,047 $ - $ $ (147,047) Total revenues 147,047 $ - $ - $ (147,047) EXPENDITURES Current: Public Safety $ 168,057 $ - $ - $ 168,057 Total Expenditures $ 168,057 $ - $ - $ 168,457 Excess of revenues over expenditures (21,010) - - 21,010 OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 21,010 $ - $ - $ (21,010) Total other financing sources and uses $ 21,010 $ $ - $ (21,010) Net change in fund balances - - - Fund balances - beginning - 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 February 28, 2008 REVENUES Taxes HotellMotei 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 $ 3,780 $ 16,438 $ (38,562) $ 55,000 $ 3,780 $ 16,438 $ (38,562) (15,000) $ - $ - $ 15,000 (40,000) (3,780) (16,438) 23,562 $ (55,000) $ (3,780) $ (16,438) $ 38,562 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 February 28, 2009 REVENUES Charges for Service Infrastructure Maintenance Fee Landfill Host Fees Tree Recompense Interest Revenue Sidewalk Replacement Account Total revenues EXPENDITURES Capital Outlay UnallDcated: 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 Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) $ 60,000 $ 1,900 $ 10,209 $ (49,791) 190,000 - 49,882 (140,118) - 12,800 12,800 12,800 5,000 - - (5,000) 70,558 - - (70,558) 325,558 $ 14,700 $ 72,891 $ (252,667) 180,000 - - 180,000 502,957 1,649 288,526 214,431 3,419,953 360,220 935,170 2,484,783 1,721,933 504 1,721,429 310,897 - - 310,897 $ 6,135,740 $ 361,870 $ 1,224,200 $ 4,911,540 (5,810,182) (347,169) (1,151,308) (5,164,207) $ 4,001,896 $ - $ 1,000,473 $ (3,001,423) 1,808,286 - (1,808,286) 5,810,182 - 1,000,473 (4,809,709) - (150,835) City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2009 Original Variance with Budgeted Current Period Project -to -date Flnal Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Intergovernmental Revenues State -Capital -Direct Grant $ 960,000 $ Total revenues 960,000 $ EXPENDITURES Capital Outlay Public Works 1,903,240 _ Total Capital Outlay $ 1,903,240 $ Excess of revenues over expenditures (943,240) _ OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 293,940 $ Budgeted Fund Balance 649,300 _ Total other financing sources and uses $ 943,240 $ Net change in fund balances - Fund balances - beginning - Fund balances - ending $ $ - $ [960,000] $ - $ [960,000] 1,903,240 _ $ - $ 1,903,240 943,240 $ 73,485 $ (220,455) - $ (649, 300) $ 73,485 $ (869,755) 73,485 $ 73,485 Recognizing Zachary Eller State Honoree in the Prudential Spirit of Community Award Whereas, effective government may be in serving the needs of its citizens, the soul of our city and its vitality as a place to live and work depend on the relationship of families, friends, and neighbors; and Whereas, strengthening those bonds is not as much in the hands of institutions or governments as it is in the hearts of the people – individuals who volunteer to help people of all ages, races, and religions, cope with illnesses, overcome hardships and barriers, adjust to social changes, and fulfill their potential. These volunteers are the unrecognized, unsung heroes of our society; and Whereas, Zachary Eller, recently named as one of our state’s top honorees in the Prudential Spirit of Community Awards program, exemplifies the value of volunteer community service, and is a role model to other youth, as well as adults in our community; and Whereas, a surprising number of volunteers in communities across the nation are like Zachary Eller, a student contributing time without expectation of reward, other than the gratification that comes from helping others. Some of these young people work in established group others seek new and unique ways to help others on their own; and Whereas, recognizing these young volunteers and encouraging others to follow their example is the aim of this nationwide program conducted by the Prudential Financial and the National Association of Secondary School Principals. Its aim is to reach into every community, in all 50 states and the District of Columbia, to identify and honor these unsung heroes locally, state-by- state, and then nationally, in the hopes that their recognition will serve to stimulate others to volunteer service. Now, Therefore, I, Joe Lockwood, Mayor of the City of Milton, do hereby commend Zachary Eller our Prudential Spirit of Community Award honoree, for his outstanding volunteer contribution to others and our community. In honor of this achievement, I am proclaiming Monday, March 16, 2009, as Zachary Eller Day, in the City of Milton, Georgia, and encourage all citizens to congratulate Zachary, as he truly represents the best of America’s youth as one of the top two youth volunteers in Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Milton to be affixed on this 16th day of March, 2009. _____________________________ Joe Lockwood, Mayor Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 1 of 21 ZM08-08/VC08-07 PETITION NUMBER(S): ZM08-08 VC08-07 PROPERTY INFORMATION ADDRESS Webb Road (South Side) 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 two 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). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-08– APPROVAL CONDITIONAL VC08-07 - PARTS 1 and 2 - APPROVAL CONDITIONAL MAYOR AND CITY COUNCIL RECOMMENDATION- DECEMBER 15, 2008 ZM08-08 – DEFER UNTIL MARCH 16TH MEETING VC08-07 – PARTS 1 AND 2 – DEFER UNTIL MARCH 16TH MEETING Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 2 of 21 ZM08-08/VC08-07 ZM08-08/VC08-07 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 3 of 21 ZM08-08/VC08-07 SITE PLAN SUBMITTED November 4, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 4 of 21 ZM08-08/VC08-07 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 ZM08-08 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 ZM08-08 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 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 5 of 21 ZM08-08/VC08-07 Proposed Bldg Height 2 stories 2 stories 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 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 6 of 21 ZM08-08/VC08-07 for this development. It appears that the site plan is also in compliance with the requirement of a landscape island every 6th space except where the underground detention is located on the southern portion of the site. The applicant is also providing inter-parcel access with the parcel to the east. Requirement Spaces Required Spaces Provided Office (33,286 sq. ft.) 3 spaces per 1,000 sq. ft. 3/1000 x 33,286 = 100 spaces 100 spaces 109 spaces (+9) Stream Buffer Located on the site is a spring head and blue line stream (“state waters”) that begin on the southern portion of the site and flows to the north toward Webb Road. When the applicant’s rezoning Z05-029 was approved by the Fulton County Board of Commissioners on June 1, 2005, a 25-foot undisturbed stream buffer was required for this site. It was stated in the minutes of the meeting that although the Fulton County Stream buffer requirement had increased to 50 feet and an additional 25-foot impervious setback on May 4, 2005, the subject site was “grandfathered” and only required to meet the less restrictive undisturbed buffer of 25-feet. The State requires a 25-foot undisturbed buffer concurrently with the City’s 50- foot undisturbed buffer beginning at the point of wrested vegetation. An additional 25-foot impervious surface is required outside of the 50-foot undisturbed buffer for a total of 75 feet on each side of the stream bank (City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (a ) i. and ii.). See the diagram below: Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 7 of 21 ZM08-08/VC08-07 The applicant received a stream buffer variance for the State’s 25-foot buffer from the Corps of Engineers on June 29, 2005 to pipe the stream as well as a permit from the Georgia Environmental Protection Division’s Watershed Protection Branch on March 27, 2006. In addition, this project has been approved by the Fulton County Soil Water Conservation District on February 27, 2008. The applicant submitted a variance (V08-005) to be heard by the City of Milton Board of Zoning Appeals (BZA) on February 19, 2008 as required by City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (b). On February 26, 2008, the City of Milton BZA approved (Vote: 7-0) the variance with conditions as follows: 1. The pipe and rip rap shall be installed as shown on plans dated 8/6/07. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 8 of 21 ZM08-08/VC08-07 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 November 4, 2008 site plan shown on page 3 of this report reflects the removal of the radials above the headwall. The City of Milton Board of Zoning Appeals approved the piping of the stream. City Arborist Tree #1 – 26” Pine: Tree is in good health. Parking may jeopardize the integrity of this tree. Tree #2 – 41” Oak: Declining large oak tree has four to five major branch failures and some tip dieback. The tree is growing on a slope and Stormwater is undermining the tree. Life expectancy of this tree is less than 20 years. Tree is destined for removal due to underground detention and parking. Trees #3 & #4 – 28” Poplars: Both healthy trees. Will be impacted or removed for building and/or parking. Tree #5 – 31” Poplar: Not to be disturbed, to remain. Tree #6 – 29” Poplar: Tree may be impacted by future road widening or deceleration lane. All trees that are removed or impacted shall have recompense. As many recompense trees as possible shall be planted on site. Any remaining recompense not planted will either be planted at a location determined by the Arborist or the cost of remaining trees plus installation cost will be contributed to the City Tree Fund. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 9 of 21 ZM08-08/VC08-07 Tree #2- 41” Oak Tree #2 – 41” Oak Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 10 of 21 ZM08-08/VC08-07 Tree #3 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 11 of 21 ZM08-08/VC08-07 Tree #4 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 12 of 21 ZM08-08/VC08-07 Tree #6 - 29” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 13 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 14 of 21 ZM08-08/VC08-07 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 ZM08-08 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. 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). Therefore, Staff recommends APPROVAL CONDITIONAL of Parts 1 and 2 of VC08- 07. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 15 of 21 ZM08-08/VC08-07 CONCLUSION: Should the Mayor and City Council approve this petition, the Recommended Conditions (Z05-029, ZM08-07) 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 November 4, 2008. (ZM08-07). 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. b. That approval is based on the September 15, 2008 revised IGA and sewer service agreement approved by the majority of the Milton City Council, be adopted, approved, ratified by Fulton County. This approval would be conditional on the adoption and approval of the September 15, 2008 IGA and sewer service being approved by Fulton County. 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 (VC08-07, Part 1). c. To provide a 10-foot building setback along the south property line (VC08-07, 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. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 16 of 21 ZM08-08/VC08-07 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 then applicant shall recompense with 6” caliper trees. 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. 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 the centerline of Webb Road. b. Provide asphalt overlay along entire frontage as directed by the Director of Public Works. 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 Director of Public Works. 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 Director of Public Works. i. Site driveway on Webb Road shall be located a minimum of 300’ from other driveways or as approved by the Director of Public Works. 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 the Director of Public Works. 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 the Director of Public Works. 5. To the owner’s agreement to abide by the following: Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 17 of 21 ZM08-08/VC08-07 a. The water quality and detention facilities shall utilize earthen embankments or underground, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 18 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 19 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 20 of 21 ZM08-08/VC08-07 Prepared by the Community Development Department for the Mayor and City Council Meeting on March 16, 2009 3/9/2009 Page 21 of 21 ZM08-08/VC08-07 RESOLUTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION IN SUPPORT OF CREATING A CULTURE OF UNIVERSAL ACCESSIBILITY FOR ALL RESIDENTS AND VISITORS IN THE CITY OF MILTON BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of_________ 2009 at 6:00 pm. as follows: WHEREAS, the City of Milton incorporated on December 1, 2006, is committed to maintaining a unique quality of life while efficiently delivering essential services to residents and businesses in an interactive community environment; and WHEREAS, the Milton City Council strives to comply with the Americans with Disabilities Act of 1990 (as amended in 2008) which prohibits discrimination on the basis of disability; and WHEREAS, the City of Milton does not discriminate on the basis of race, color, religion, sex, national origin, age or disability; and WHEREAS, the Milton City Council recognizes that civic participation includes the ability to live, work, play, worship and do business in our community; and WHEREAS, the City of Milton strives to provide barrier-free accessibility for persons with disabilities in its policies and procedures, programs and services, employment, and facilities (indoor and outdoor); 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 is committed to creating a culture of Universal Accessibility by providing safe and barrier-free participation in all facets of community life for all residents and visitors in the City of Milton; requires all City of Milton advisory committees to assess for ADA compliance in their plans and recommendations; and requires all persons doing business with the City of Milton to comply with the Americans with Disabilities Act (ADA) as amended in 2008. RESOLVED this ___ day of __________, 2009. Approved: Attest: _______________________ Joe Lockwood, Mayor ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: ML Marietta, Planning and Emergency Management Coordinator Date: Submitted on February 12, 2009 for the March 16, 2009 Council Meeting Agenda Item: Approval for the Fire Department to Submit a Grant Application to Firehouse Subs Public Safety Foundation for the Purchase of R.I.T. Pack Firefighter Safety Devices City Manager’s Office Recommendation Approve the request to submit a grant application with Firehouse Subs Public Safety Foundation to potentially defray the costs of an important firefighter safety device. Background Maximizing the safety of our firefighting personnel is essential both to ensuring a professional department and to the safety of the general public. When on the scene of a fire-rescue emergency, the safety of our personnel must be a first priority. An injured, trapped or unhealthy firefighter will distract from the provision of services to the community by pulling resources from fighting fire to conduct a rescue operation. The more the department can ensure the safety of our staff—the more professional and employee-centered agency we can become—the better the community at large is served by the City. Discussion In the interest of our firefighters’ safety, the Department is trying to expand its rapid Intervention program to include a rescue harness that integrates into the SCBA (e.g. air pack) belt. If funded, the Department would buy enough SCBA Harnesses to outfit each of our active air packs with a carabineer and rope system that will allow repelling and other versatile rescue techniques in the event that a firefighter is trapped or down. This will greatly enhance the safety of our firefighters because it gives us a more stable, integrative and versatile means for conducting life-saving extrications of downed personnel while simultaneously giving personnel a means of escaping from the upper stories of one of the numerous 3 level houses, apartments and multi-story office buildings in Milton. Funding and Fiscal Impact There is no fee for filing this grant request and, if it is funded, there is no match. The total item cost to purchase is $11,500.00, and if it is not grant funded, then we will need to find another means of funding this initiative. As a consequence, the grant application is the most financially advantageous option for the City in this project. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Alternatives: The Department may not apply for grant funds and simply fund the items from the equipment allocation currently in the budget. Concurrent Review: Chris Lagerbloom, Acting City Manager Bob Edgar, Acting Fire Chief City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: March 3, 2009 for Submission onto the March 162, 2009, City Council Regular Meeting – New Business Agenda Item: Approval of Change Order to Increase the CH2M HILL contract amount for Financial and Land Use Planning modeling (Additional Services) for a sum of $10,000. CMO (City Manager’s Office) Recommendation: The recommendation is to approve the change order for CH2M HILL to perform the financial and land use planning modeling. Background: The City of Milton initiated the preparation of the City’s first Comprehensive Plan in 2007. The new Standards and Procedures for Local Comprehensive Planning were adopted by the Department of Community Affairs in 2005 as the underlying foundation for the task of developing the first Comprehensive Plan. Although not required by the State planning regulations, the City felt it was necessary to quantify the financial impact of future growth on services. Therefore, a key component to the development of the Comprehensive Plan is the development of a comprehensive user friendly financial model that will have the flexibility to evaluate various alternative planning scenarios with respect to the financial feasibility of a particular planning scenario. CH2M HILL has the capability of developing such a tool. Discussion: The original Comprehensive Plan Consultant, BRPH, was tasked with developing the financial and land use model, but it was discovered early I the process that BRPH did not have the capabilities to person such a task. CH2M HILL has the expertise to provide the desired services. In accordance with the attached Scope of Services, land use types, budget, revenue and other information are collected, programmed, and calibrated. From this base, scenarios about the future land use can be programmed to gauge the impact to the City of Milton and identify future revenue needs. The Comprehensive Planning Advisory Committee (CPAC) and the Community Development Department believe that the ability to quantify the future effects of decisions made in the present (in terms of revenue and budget/service priorities) will strengthen the City of Milton’s 2008-1028 Comprehensive Plan. City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 Also, the results of the financial model will be shared with the Stakeholder Transportation Advisory Committee and Staff to assist them in their efforts to develop the Comprehensive Transportation Attachment: 1. Request for Additional Services 2. Attachment A – Scope of Services 1000 Abernathy Road NE, Suite 1425 Atlanta, GA 30328 Attn: Kurt Knapp/Sr. Procurement Manager Phone: 678/512.3100 Fax: 678/512-3399 Request for Additional Services Revision to Contract Revision Number 34986702262009 Revision Dated 02/26/2009 Project Number 349867.03 Page 1 of 2 City of Milton 13000 Deerfield Pkwy, Suite 107D Milton, GA Duluth, GA 30004 Contact: City Manager Tel: 678/242-2500 Compensation 1. Amount of this Revision $10,000 Lump Sum/Fixed Price (See Note) Contract: City Operations Services Financial and Land Use Planning Modeling The following revisions are hereby made to the Contract identified by the date above: City of Milton hereby increases the contract amount for Financial and Land Use Planning modeling (Additional Services) in accordance with the attached Scope of Work dated February 26, 2009. Schedule: Services through August 1, 2009. All other terms and conditions of the Contract remain unchanged. City of Milton City of Milton Signed By Signed By Name and Title City Manager Name and Title Finance Director CH2M HILL, Inc. CH2M HILL, Inc. Signed By Signed By Name and Title Herb Washington/Program Director Name and Title Pat Crook Program Director Attachment A Scope of Services Financial and Land Use Planning Modeling Date: February 26, 2009 This Additional Service is to perform Financial and Land Use Planning Model services associated with the development of the Comprehensive Plan for the City of Milton, Georgia. Purpose: The City of Milton hopes that the ability to quantify the future effects of decisions made in the present (in terms of revenue and budget/service priorities) will strengthen the City of Milton’s 2008-2028 Comprehensive Plan. Financial Model Effect Overall The purpose of this project is to: • To give the City a tool to explore the physical and economic outcomes based on a diversity of scenarios for future growth in the city • Enhance the ability of the City of Milton to accomplish long range Future Development Plans, its Short Term Work Program and current and planned zoning, with the ability to input and evaluate alternatives to each variable of these plans and documents. CH2MHILL agrees to furnish the City of Milton with a financial model that includes the ability to account for variables including: • developable acreage within each character area based on current build-out conditions, natural features such a floodplains, and regulatory requirements such as septic field allotments; • maximum allowable density in square footage for each character area type and for any specific character area which varies from others of the same character area type; • future expansion of sewer services; • current budget figures; • capital projects in terms both of total CIP cost vs. costs borne exclusively by the City of Milton; • cost estimates for future public facilities and maintenance of current and future facilities; future impositions of impact fees for development; • potential for SPLOST and/or other taxes, grant, or monies; • averages for new home price, retail and office SF values, and agricultural uses; and impact of inflation on each variable; and • The model will include all sources of revenue for the City of Milton and will provide the evaluation of alternative levels of service within the city. Deliverables • The model will be proprietary in nature and will be available to the City of Milton through unlimited runs demonstrated by a CH2MHill manager during a two month period following delivery of a complete model satisfactory to the Comprehensive Plan Advisory Committee (CPAC). CH2M HILL shall retain all intellectual property/rights of the model and related development tools/methods. • Additional variable development is anticipated during the two month period in which the model is being used by CPAC, no additional variable development is anticipated under this agreement after the end of the two month period. • Additional variable development after that time may be accomplished under separate Additional Services agreement. • All data runs and their results will be delivered to the City. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION TO AMEND RESOLUTION NO. 08-12-58, A RESOLUTION ADOPTING THE 2009 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE TO CHANGE THE MAY 2009 MEETING DATES The Council of the City of Milton hereby resolves while in regular session on the ____ day of March 2009 at 6:00 p.m.: SECTION 1. That the schedule for City Council Meeting Deadlines and Council and Work Session Meeting Dates attached to Resolution No. 08-12-58 is hereby amended to change the May 2009 Meeting dates as follows: 1. Monday, May 11, 2009, Regular Meeting 2. Monday, May 18, 2009, Work Session 3. Monday, May 25, 2009, Regular Meeting SECTION 2. That the Amended Schedule for City Council Meeting Deadlines and Council and Work Session Meeting Dates is hereby approved as attached. SECTION 3. That resolutions in conflict with this resolution are hereby repealed. SECTION 4. That this approval be effective March 16, 2009. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this ____day of March, 2009. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Jeanette R. Marchiafava, City Clerk COUNCIL MEETING DEADLINES AND COUNCIL AND WORKSHOP MEETING DATES (January through December, 2009) STAFF SUBMITTAL TO CITY CLERK OFFICE FOR REVIEW BY 12:00 (14 DAYS ) MONDAY CITY MANAGER REVIEW (12 DAYS) WEDNESDAY REVIEW & DOCUMENT CHANGES (11 DAYS) THURSDAY FINAL PREP OF PACKET 8:00 (10 DAYS) FRIDAY DISTRIBUTION TO CITY COUNCIL (7 DAYS) MONDAY POST AGENDA (5 DAYS) WEDNESDAY COUNCIL MEETINGS MONDAY WEDNESDAY MTG. 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