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HomeMy WebLinkAboutMinutes CC - 05/16/2011 - 05-16-11 Reg. (Migrated from Optiview)Regular Meeting of the Milton City Council May 16, 2011 Page 1 of 28 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Oficial Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on May 16, 2011, Mayor Joe Lockwood presiding. INVOCATION Pastor 011ie Wagner, Alpharetta Presbyterian Church CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL City Clerk Gordon called the roll and made general announcements. Councilmembers Present: Councilmember Thurman, Councilmember Zahner Bailey, Councilmember Lusk, Councilmember Longoria, and Councilmember Tart. Councilmember Hewitt was absent/excused from the meeting. PLEDGE OF ALLEGIANCE Boy Scouts America Troop 3000 led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 11-098) Staff recommends the following changes to the meeting agenda: 1. Move Agenda Item Number 11-014 in New Business to after Reports and Presentations. 2. Add under Reports and Presentations an update on the Earth Day event. 3. Move Zoning Agenda Item RZ10-08 before Zoning Agenda Item RZ10-06. Motion and Vote: Councilmember Thurman moved to approve the meeting agenda as amended. Councilmember Lusk seconded the motion. The motion passed unanimously (6 — 0). Councilmember Hewitt was absent from the meeting. PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. n`"� • There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. Regular Meeting of the Milton City Council May 16, 2011 Page 2 of 28 • Each citizen who chooses to participate in public comment must complete a comment card and submit it to the City Clerk. • Please remember this is not a time to engage the Mayor or members of the City Council in conversation. • When your name is called please step forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. There was no public comment. CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: 1. Approval of the April 18, 2011 Work Session Minutes. (Agenda Item No. 11- 099) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement Between the City of Milton and Lose and Associates, Inc. to Provide Engineering, Design, and Construction Administration for the Development of a 2 -acre Park through an Intergovernmental Agreement with Fulton County Board of Education for an Amount Not to Exceed $14,750.00. (Agenda Item No. 11- 100) (Cyndee Bonacci, Parks and Recreation Director) 3. Approval of a Parks and Recreation Event License Agreement Between the City of Milton, Securing A Mind Foundation, Inc. and Up With Kids Sports, Inc. to Offer a Youth Basketball Program. (Agenda Item No. 11- 101) (Cyndee Bonacci, Parks and Recreation Director) 4. Approval of a Revised Parks and Recreation Event License Agreement Between the City of Milton and Kolleen Riddick of CorePhysique to Offer Fitness Camp Classes and Other Related Programs. (Agenda Item No. 11- 102) (Cyndee Bonacci, Parks and Recreation Director) 5. Approval of a Transmittal Letter Requesting a grant from the Georgia Urban Forestry Council to Prepare a Tree Inventory, Assessment and Management Plan. (Agenda Item No. 11- 103) (Lynn Tully, Community Development Director) Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Regular Meeting of the Milton City Council May 16, 2011 Page 3 of 28 REPORTS AND PRESENTATIONS ADDED BYMOTIONAND VOTE 1. Update on Earth Day Event. (Presented by Cindy Eade) Cindy Eade: • I want to thank everyone for their support of Earth Day. • The event grew to over 500 people this year. • A special thank you to Troop 3000 for all of their help in preparing the park. John McPhail: • I am the co-chair of Milton Grows Green. • I want to thank the city, staff, and Council for the support of Earth Day. • It was a fun time with music, free food, things to take home, and fun. • I would like to thank Carter Lucas, Matt Marietta, Lynn Tully, Cyndee Bonacci, and Jason Wright for all of the help with the event. • This year, we had a number of sponsors this year and I wanted to thank all of them for coming out. • We raised roughly 7K from sponsors this year. • Kathy Johnson provided a lot of environmental education in our schools. • Every year we will strive for a better year. Jack Lindon: • I was in charge of the logistics and we couldn't have done it without Optech. • I would like to give a big thank you to everyone that helped, especially Troop 3000. • They went out the entire day clearing 3 miles worth of hiking trails and building a stream crossing. • We put together thank you certificates and I have one here for Troop 3000. Mayor Lockwood: • I would like to say thank you to everyone that was present for the event or helped out. 2. A Memorial Day Proclamation. (Presented by Mayor Joe Lockwood) Mayor Lockwood read and presented a Proclamation Recognizing Memorial Day. FIRST PRESENTATION ADDED BYMOTIONAND VOTE 1. Approval of a Resolution Amending Resolution No. 08-01-09, A Resolution Appointing A Member to the City of Milton Design Review Board for District 6. 4aw (Agenda Item No. 11-104) RESOLUTION NO. 11-05-176 (Presented by Mayor Joe Lockwood) Regular Meeting of the Milton City Council May 16, 2011 Paee 4 of 28 Mayor Lockwood: I have known Tim Bryan for quite a while and seen his work. He does great work and I believe he will serve well for the DRB. Councilmember Tart: • Mr. Bryan lives and owns a business here in Milton. • He is the owner of Bryan Residential Planning Company. • Mr. Bryan has over 24 years of experience in residential home design and new home renovation. • He has also worked with neighborhood architectural guidelines. • He has a degree from the University of Tennessee school of Architecture. Motion and Vote: Councilmember Zahner appointing Tim Bryan to the Milton Design motion. The motion passed unanimously (6-0). PUBLIC HEARINGS (None) ZONING AGENDA Bailey moved to approve Agenda Item No. 11-104 Review Board. Councilmember Thurman seconded the Councilmember Hewitt was absent from the meeting. 1. ZM11-01 —Requested by Charles Feyt Located at Lot #9 —Atlanta National Subdivision (Crooked Stick Drive) to Modify Condition Le. (RZ85-181) to Reduce the 100 -foot Building Setback Along the South Property Lines including the Southwest property line identified as N59 degrees 45 minutes 11 seconds W for a distance of 78 feet to a 40- foot building setback and to reduce the 100 -foot building setback along the west property line to a 40 foot building setback. Property having frontage on the south side of Crooked Stick Drive in the second district, second section and land lot 806 in Fulton County, city of Milton, GA. (Agenda Item No. 11- 069) ORDINANCE NO. 11-05-95 (First Presentation at April ll, 2011 Regular Council Meeting) (Deferred at the April 25, 2011 Regular Council Meeting) (Presented by Lynn Tully, Community Development Director) Councilmember Tart: Before we get started, I noticed this after we approved the agenda, but there is a sheet here that wanted us to change the agenda name to be... City Manager Lagerbloom: I think what we can do is make reference to it. I checked with the City Attorney prior to the actual amendment during the time of the approval of the meeting agenda. If we make reference of it during the presentation, he is okay with it. Particularly because what was advertised is more than what is being requested. We should be fine there, but we didn't find actual need to officially do it on the record like what was presented. Regular Meeting of the Milton City Council May 16, 2011 Page 5 of 28 Lynn Tully: To that end, I do want to clarify that a request is to reduce the 100ft building setback line along the south property line for a distance of 78feet to a 40ft building setback versus the 50ft it was originally included in the request. To reduce the 100ft setback line along the west property line to a 40ft setback. I hope that that clears that up a bit. It has been advertised correctly in the newspapers and we are good with any legal ramifications of that, so ... The property is a 3.2 acre undeveloped site that exists in Atlanta National, formally the Estates at National. With the original zoning, there was a 100ft building setback requirement from the property lines of the CU -P zoning. This lot has an odd and irregular shape. It is kind of a reversed flag lot along Crooked Stick Drive. As you can see, the entrance has kind of a very narrow width to it and then the buildable area is there at the rear portion of the lot. If we were to continue with the 100ft building setback, we would have a very difficult time finding a place for this property for this house to be located on this property. The applicant has submitted support letters from the adjacent property owners to the east at 270 Crooked Stick Drive where the closest residence is located at another Estates of Atlanta Homeowners Association. There is a 30ft undisturbed buffer in the recommended conditions as suggested by the applicant. The City of Milton city Council has approved two previous zoning modifications to reduce this same 100ft building setback from the property lines in a CU -P on Atlanta National Drive and again on Crooked Stick Drive. The Fulton County Board of Commissioners in the past has also approved three requests to reduce this 100ft building setback from the property line of the CU -P. Based on the odd shape and differing setback requirements that leave the lot with some limited developable area, staff does recommend approval conditional of this modification to modify the condition to provide a 40ft building setback along the southern property lines and a 40ft along the western property line. Again, with the recommended conditions as attached. Are there any questions? I would be happy to answer those now. Mayor Lockwood: Do we have any questions from Council to Lynn? Councilmember Zahner Bailey: I have just one quick question. Is there any chance that there is going to be another variance associated with this? I know there has been some dialog as to whether or not the front yard needed a shift or not and if you can just address that and I suppose the point being is that if there was going to be in the future, if we can just anticipate that or not. Lynn Tully: We have worked with Mr. Fifer for a couple of months now trying to be sure that this house is being cited where he wants it to be. In fact, we did have that discussion as to what is the front property line and what is the rear property line for this lot because it is an odd shaped lot. This latest site plan was submitted April 20, 2011. This is the latest and what we hope to be the last submittal and therefore will be the last change in property lines. We don't anticipate that it would be any closer to any of the existing setbacks to what is shown here. Councilmember Zahner Bailey: The reason that I ask is because I know that the adjacent land owner had said that he supports both this variance request as well as any potential second variance request. So since we had not seen a second Now variance request, I wondered if there was a possibility that we would be seeing that should there be a different interpretation in the front yard. To your point, the distance of the house wouldn't be any different from that side yard weather you call it a front yard or side yard. I hope we are being as Regular Meeting of the Milton City Council May 16, 2011 Page 6 of 28 Transparent as we can be, I just wondered if that was possible and if that would still be coming forward as a separate variance. Lynn Tully: Anything is possible. If they encounter some field conditions that prevent the house from being built in that location, which may happen, but we don't anticipate it happening at this point. Mayor Lockwood: If we have no other questions, we will open it up to those speaking in support of this application. Charles Feyt, 13510 Providence Lake Dr., Milton, GA: Good evening Mayor and City Council. Thank you for your time this evening. It is very pleasant to be doing business for the city of Milton in Milton rather than going downtown so I am very appreciative of that. If I can provide just a little bit of history regarding my request and moving the build line, the build line is a line around the International Golf Club and staff had mentioned that is has been moved on five other occasions. The built line was originally created on October 2"d, 1985 by the Fulton County Board of Commissioners. This crossed the build line modification but does not border any residential home sites and support for this matter modification as it was mentioned was provided closest to the homeowner as well as the Atlanta National Homeowners Association. The intent of the original build line was put in around the entire golf course in anticipation that it maybe the development may border some residences or that type of thing as a preventative measure but it hasn't occurred and the line has been moved on several occasions. Currently, there is well over 100 yards of current buffer between lot 9 ..�, property line and the City Club area. If you look at the original picture, you have a lot line and you have a buffer that goes down and you have a roadway which is the entrance to the City Club and past the road way you have additional buffer and past that you have the City Club fairway. In the earlier discussions the home decided a little bit differently and I had offered to try and get unanimous support to the City Club at that point a tree buffer was not able to agree on a circumference of the trees that would be included in that tree buffer, in addition the City Club had requested, and we could not finalize the agreement, they had requested restrictions based on US 1992 adjusted height restrictions. They had requested restrictions to the Northern parcel which is not part of the zoning request and currently has no restrictions on it. They had requested additional building and material restrictions in addition to those that go by Atlanta National HOA city. There are several additional conditions that no longer may be feasible to come to agreement. At this time, I would like to withdraw or delete item 2.e in the conditions which was the offer for the buffer and it no longer seems necessary as there more than a significant buffer in distance from proposed home site to the fairway. There are several other homes that currently exist and can't be seen from the City Club from their roadway currently. It would not be the first time that it is visible. There is a build line from 100ft to 40ft to allow the home to be built. The future modification east property line, however, may also be necessary based on a change in interpretation of the location of the front of the property. Initially it was determined by staff that even as this may be a flag lot, the front of the property could be the same as the existing homes on Crooked Stick. If you go on the lot, there is a natural way that the driveways go to the front of the home. It is consistent with the other homes on the street. Additional review and analysis by the staff brought this additional site confirmation into question from a technical interpretation and now as resulted in the front of the home, being located in a different alignment with the existing homes, and to the east of the property. What it does is it adds an additional 35 feet of setback from the front to the side of the home. I do not know at this time if it will be required to request additional modification as the site plan is still being modified and the building is being modified. It was the recommendation of staff that until I know the final details, that perhaps we can table that portion of it and for now proceed with the request to reduce the Regular Meeting of the Milton City Council May 16, 2011 Paee 7 of 28 setback lines from 40ft from 100ft and if it is necessary at a future time to see if additional modification WNW is required. We discussed those additional modification requirements with the existing homeowner and with the Atlanta National representatives should additional modification be required at a later date. I will reserve some time to see if there are any questions but I am here to request city council support me on this modification. Mayor Lockwood: Okay, do we have anymore? Ken Benson, Crooked Stick Drive, Milton, GA: Thank you Mayor and Council. I am the Vice President of the Estates at National Homeowners Association. I don't want to take too much of your time but our President wanted to be here but is out of town. I would like to let you all know that we fully support this and we have had several issues like this in the neighborhood previously which were modified. I think this is a very reasonable request and it allows him to build a very nice home. If you have any other questions for me I would be happy to entertain them, but we fully support this project without any restrictions. Mayor Lockwood: Thank you. Is that all for public comments? City Clerk Gordon: No, sir. Mayor Lockwood: Okay, I will now close the public hearing and open it up to questions from the council to either the applicant or to staff. Councilmember Thurman: I just wanted clarification from staff, what is the front yard on this lot? Lynn Tully: The front yard is the eastern property line. As it is shown in the longest section along the buildable area. It is the portion that would be 346.79ft in length. That is based on consistent interpretation. It skirts the edge of if it is really a flag lot or not but it is close enough. I think that we aired on the side of caution with that simply because the width of that flag is a little bit wider than we normally get. Mayor Lockwood: This one, you can see where you thought that. Any other questions? Councilmember Longoria: Is this the way the homeowner wanted everything to work out or have we nudged him some? Lynn Tully: So far, yes. As far as us nudging him, I think that he is concerned that the house may move on the lot but again... Councilmember Longoria: But these setbacks give him the flexibility that he needs? Regular Meeting of the Milton City Council May 16, 2011 Page 8 of 28 Lynn Tully: Hopefully. That is the intent. Again, if he needs more he will have to come back. We hope that he doesn't. Councilmember Tart: The applicant recommended removal of the condition 2.e, what is staff's opinion on that? Lynn Tully: Well, Robyn could you flip back to that picture? The buffer is really to protect any view from the golf course or the golf facilities to the houses that would be beyond. In this particular case, the golf path is just before this that you see there in the picture. The maintenance roadway for their maintenance vehicles is just on the other side of that. As far as trees helping it or hurting it, I don't know that it will do either in this particular case. Most of the trees that are there will stay. They will clear out enough for his drive, but I don't know that 1 can recommend either way. It was offered by the applicant in this particular case but it is probably one of those cases of no harm no foul. Councilmember Lusk: Just for clarification, did I understand you to say that the front of the house would be facing east? Lynn Tully: No, the front of the house actually faces southeast. We call the front yard for the setback purposes would be along that one property line. 09 Councilmember Zahner Bailey: Which is why it may have to come back. There may be a requirement if it's defined as the front yard for a greater distance between that building which is right now being considered a side yard. I know you said you had been in discussions with the city club and I know that myself and others may have received a letter from them when you guys were still in negotiation and they were still obviously talking about the buffer, I realize that your request tonight is to remove that buffer in its entirety. Right now it says that an undisturbed buffer, that wouldn't allow any disturbance of that buffer, I think I heard you say that your intent was obviously not to clear cut that. Would there be something where you could consider a 30ft or some sort of natural buffer which speaks to what you are planning to do anyways but remove the undisturbed buffer? I know that there has been some discussion on your part in terms of what you were comfortable with because obviously you don't want to see that roadway. Charles Feyt: Yeah. What we have initially intended was never intended to be a completely undisturbed buffer. The intent on both parties initially before this site was actually moved, was to have either a 10 or 15 inch tree circumference limitation and I argued that it should be consistent with the city of Milton tree ordinance as a way to gain unanimous support. After being on the lot again and with the arborist, it is pretty much clear that there is no need for an additional buffer to add those additional conditions. I would like to point out if I may that when the initial application was made to the city, I was under the assumption in talking to staff that the front of the property would be the southernmost portion in line with the other homes. Otherwise, I would have at that point not requested modification of that as well. It was only after that application was already filed with the city that I learned from additional analysis by the staff that because of the way the regulations were interpreted that now the front of the home may actually be on the eastern side which adds another 35 feet. I did not anticipate that or I would have filed for that one time. I just wanted to make that point for clarification. Regular Meeting of the Milton City Council May 16, 2011 Page 9 of 28 Mayor Lockwood: If there are no more questions I'd like to open this up for a motion. Motion and Vote: Councilmember Lusk moved to approve Zoning Agenda Item ZM 11-01. Councilmember Thurman seconded the motion as recommended by staff but to delete condition 2.e. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. RZ10-08 WAS MOVED BY MOTIONAND VOTE TO COME BEFORE RZI0-06 2. RZ10-08 — To Amend the City of Milton Zoning Ordinance, Section 64-1, Definition for Landscaping Business. (Agenda Item No. 10-1301) ORDINANCE No. 11-05-96 (First Presentation on December 6, 2010) (Previously Discussed at Special Called Work Session, December 20, 2010) (Deferred at December 20, 2010 Regular Council Meeting) (Discussed at March 14, 2011 Work Session) (Presented by Lynn Tully, Community Development Director) Lynn Tully: This definition has been discussed several times and we have included the changes from the last planning commission as well as those things that were recommended during the work session. The definition is recommended as follows: Landscape business means a business providing the services described herein at offsite locations. While most of the actual landscape activity occurs offsite, the business owners property may be approved for equipment storage, parking, material storage, and a building or buildings for storage and plant propagation. Landscape businesses typically include activities such as law instillation, mowing and maintenance, fertilization, and/or insecticide treatment. The planting and maintenance of trees, shrubs, and flowers, tree and stump removal, the spreading and grading of top soil, mulch, or other ground covers with the installation of stone, bricks, and block walkways, stone walls, and the temporary storage of plant trimmings. This is the definition as recommended by the planning commission. Are there any questions from staff? Councilmember Zahner Bailey: Just comparing this definition to the prior definition, I know that one of the terms that was used previously, some of them had the word limited within them. In other words, some of these components might be limited and they might be ancillary but that there was some limitation. I wondered if we wouldn't want to consider that word when we considered this. The other question, and this may be a question for Mr. Jarrard, is that while some of these things in totality might be part of this definition, could anyone singular of these become a business operating under this definition? In other words, could it become just a tree removal business? Some of those individual components, if it was the entirety, could take on a different meaning or a different intensity of use if it was a subset of this. I don't know if my question is clear, I hope that it is. City Attorney Jarrard: NNW I understand exactly what you're saying. You're saying that if we adopt this definition, does it have to be mix of some or all of these uses or at least more than one or could it be exclusively one. Regular Meeting of the Milton City Council May 16, 2011 Page 10 of 28 Councilmember Zahner Bailey: As an example, one that I will bring up is fertilization and/or insecticide treatment just as an example. In the other documents that we have, it indicates that there would be no bulk storage of those sorts of materials because they are combustible and they do provide or present a public hazard. I think that some of that gets a bit complicated unless we can clarify that no one singular component of this would necessarily meet the definition. Councilmember Thurman: Under nine, it says "storage of landscape materials on the property may be permitted in limited quantities." That would tell me that we are already limiting it under nine. Lynn Tully: The intent is that the limitations would be found in the conditions as they are recommended. City Attorney Jarrard: To answer your question, I can tell you that the way that definition is framed right there seems that it does not express that you have to have more than one of these. I would construe it to mean that having just one would satisfy the definition. Councilmember Zahner Bailey: So then it could be exclusively a pesticide company that would locate under the definition of a landscaping business. City Attorney Jarrard: That is the way I would construe it. Councilmember Zahner Bailey: The purpose of my question is that one of those singular entities moves further and further away from agricultural and business and in particular, when you start to discuss things like pesticides and storage of pesticides. It seems to me to be a little bit counter intuitive. If the intent was to have limited and yet if one singular entity from that definition could solely meet the definition, it strikes me as needing a little bit more there. Unless some of those other commercial businesses suddenly are agricultural, I don't think a pesticide business as an example fixes the intent for what it was created. Councilmember Lusk: Landscape businesses typically include activities such as, and in each one of those qualities there is a verb. Going down to the third to the last line there, it's called shrubs and flowers. There is no verb in that clause. Mayor Lockwood: Wouldn't it be the planning and maintenance of tree shrubs and flowers? Instead of a semicolon there should be a comma. Councilmember Lusk: Installation of stone should be a comma, brick and block walkways. Would you agree with that? Lynn Tully: Yes sir. Regular Meeting of the Milton City Council May 16, 2011 Page 11 of 28 Councilmember Lusk: There are other types of stone walls. I suppose stone walls refer to retaining walls of some sort and there are other materials used in these walls. Lynn Tully: Yes sir. We can simply say retaining walls. No matter what they're made of. Councilmember Tart: Along that same subject, would there not also need to be a semicolon before the last "and" and right before "and the temporary storage of plant trimmings"? Lynn Tully: Yes Sir. We will get our grammar checked out next time. Councilmember Zahner Bailey: Mr. Jarrard, just as a point of clarity. For the earlier question, would you have any suggestions? Mayor Lockwood: I think you're asking if they can use it for a singular use. An example would be an exterminator might come in ... I would just like to see what Mr. Jarrard or Lynn what your take on that would be? Would that be possible? City Attorney Jarrard: 0"'a The answer is yes that you can do it that way. If you wanted to do something like that then you would, perhaps in the first line, say landscape businesses means a business providing no less than three of the services described below. If you objective is to try and make sure that they can't just be exclusively one, then we can make them provide two or three. Mayor Lockwood: Could you word it somehow... let's just say it's a landscape business that does the treatment of the yards for pests and the fertilizer, could you just have a definition for something about it has to be done to the ground but doesn't service structures or interiors. Councilmember Zahner Bailey: So that it doesn't get misconstrued as something that is not intended within it. The point being that there is other commercial businesses that could... Mayor Lockwood: I would rather see that happen then to say that you have to have two or three things but rather have a clause where it clarifies that this is meant for lawns and earth rather than structures. Councilmember Tart: So is the only exception that you guys see, would that be in reference to the insecticide treatment? taw Councilmember Thurman: Why don't you just add "typically include outdoor activities such as.." because all of these things are actually outdoor type. Regular Meeting of the Milton City Council May 16, 2011 Page 12 of 28 Lynn Tully: ON" Okay. Councilmember Zahner Bailey: To Councilmember Tart's question, I just use that as one example. I would say that one other example that I know we have heard from citizens in the past when applications for this had come forward and others that had said that if this were to change, I don't think the intent of this was to allow for the creation of a rock quarry sort of business where it became primarily the building of the construction of the walkways without the other? I think that does potentially present something that is other than for what this was intended as being. Again, I think the intent of this I think, if I understand the planning commission's discussion, is to have it that which was more agriculturally focused as opposed to construction based. Again, I just highlight that knowing that there could be the risk of misuse of the term. Lynn Tully: I think that with the change of semicolons to commas under installation of stone, brick, block walkways, and retaining walks, I think that will capture that and limit that it's not any sort of... Mayor Lockwood: If someone were trying to have that business, it would still come before us. Obviously we would have that decision come before us. J Councilmember Zahner Bailey: That is the point, to make sure that it isn't setting the stage for misuse of terms. Mayor Lockwood: Do we have any comments on this? City Clerk Gordon: No we do not. Mayor Lockwood: I will now close the public hearing. I will open the floor for a motion or any other questions from council. Councilmember Longoria: How do we go about trying to figure out one service in this organization provide versus another one. How will we enforce that? Would we look at their invoices and check to see if they are billing for things other than pesticide applications to the yard? We are trusting these citizens to do what they say they're doing. We could put a lot of words in here but I think we are just making more work for ourselves to try and figure out what is actually going on. If there are problems because a business isn't what it says it is, I think that's a whole other story to Councilmember Bailey's point. We have to have other ways of managing those kinds of issues if they're not operating as a real landscaping business. Lynn Tully: Yes, sir. I don't expect that we will be proactively going out to audit these businesses, but if the question does come up at least we have that in the definitions. Regular Meeting of the Milton City Council May 16, 2011 Page 13 of 28 w•■. Councilmember Longoria: baw The storage of certain materials doesn't prove that you're doing anything other than storing materials on site. The lack of storing those materials doesn't prove that you're not doing those businesses. It may just be that you don't need to store any of it. They can still be conducting just basically a pesticide service and you wouldn't know it because there is nothing around that proves it. I think it is difficult to deal with. Mayor Lockwood: Sometimes in doing this we open a can of worms. We could just go back to not changing our definition at all if we didn't want to. Councilmember Zahner Bailey: I just wanted to clarify, during the agenda we switched and we are now looking at Z10-08, just the definition, is that correct? Lynn Tully: Yes. Councilmember Zahner Bailey: Just to clarify also, under item three where it talks about state of the arterial and minor collector streets, could we just clarify or could staff clarify that the map that was attached on the earlier item uses those same terms? Lynn Tully: That is correct. Councilmember Zahner Bailey: Even though that is the earlier item, it is still referencing arterial and minor collector roads. The map references minor arterial and collector roads. We don't need to address it here, I just want to make sure we are using consistent terms. I think currently they are inconsistent. My point is that these are not intended for all roadways. I think it should say that they are a minor arterial... Lynn Tully: That has to do with the next agenda item. Mayor Lockwood: We will discuss this on the next item. Councilmember Zahner Bailey: This is why I am asking, in terms of which item in totality that we are looking at now, we are looking at now is just the definition on page one under 64-1. Councilmember Tart: Mayor, I would like to make a motion. Motion and Vote: Councilmember Tart moved to approve Zoning Agenda Item RZ10-08 with the following changes to the City Attorney's Recommended Edits with PC final Recommendations from 01/25/11 and City Council Work Session on 03/14/11 under Section 64 -1 -Definitions: Regular Meeting of the Milton City Council May 16, 2011 Page 14 of 28 4. On line five, add "outdoor" between "include" and "activities"; 5. On line six, remove semi -colon after "maintenance" and add a coma; 6. On line eight, remove semi -colon after "stone" and add coma; 7. On line eight, change "stonewalls" to "retaining walls". Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. RZIO-06 WAS MOVED BYMOTIONAND VOTE TO COMEAFTER RZIO-08 RZ10-06 — To Amend the City of Milton Zoning Ordinance, Section 64-1820, Landscaping Business, Plant Nursery or Garden Center with Indoor Retail Component. (Agenda Item No. 10-1300) ORDINANCE NO. 11-05-97 (First Presentation on December 6, 2010) (Previously Discussed at Special Called Work Session, December 20, 2010) (Deferred at December 20, 2010 Regular Council Meeting) (Discussed at March 14, 2011 Work Session) (Presented by Lynn Tully, Community Development Director) Lynn Tully: Again, trying to not to muddy the waters here. These are the conditions by which a land use permit will be approved as a special use permit. Among these are a variety of conditions which, again, we have talked about quite a bit over the last several months. In addition to those, I want to mention the things that we have changed and addressed. The first is the definition for a commercial vehicle which will go r.rM before the planning commission at their next meeting along with several other definitions. This proposed definition for commercial vehicle includes "any vehicle or equipment which has two or more of the following characteristics." It goes on to list a variety of commercial type vehicle characteristics including "gross vehicle weight rating, regularly used in the conduct of a business, commerce, profession, or trade exceeding 7ft in height from the base of the vehicle to the top or 20ft in length in feet. Has more than two axels, has more than four tires in contact with the ground designed to carry more than eight passengers, to sell food or merchandise directly from the vehicle or trailer itself and/or bears signs, logos, or markings identifying the owner or registrant of the trade, business, service, or commodity." Then it lists specifically several commercial vehicles so that we can be clear just in case. Two or more of those characteristics I listed as well as "step vans, box trucks, flat bed or stake bed trucks, busses, semitrailers, tractor trailers, dump trucks, wreckers, or trailers used for commercial purposes. All hauling types of equipment shall also be considered commercial vehicles, earth moving equipment, cement mixers, trenching, pipe laying equipment or any other similar type of construction equipment". We have tried to hit it all there. I applaud Robyn for digging valiantly to find a definition that would include all of them. Again, all of those definitions will come back to you as part of definition changes approved by the planning commission I anticipate after the next Planning Commission meeting. Number two, we did modify to include shorter hours of operation, 7:30am to 7:30pm Monday through Friday and 9am to 6pm on Saturdays. This will be based on the current noise control ordinance for construction activity or commercial lawn maintenance. Again, now those things are in concert with the special use permit considerations. The third was the identification of minor, again to Mrs. Bailey's point, minor arterial and minor collector streets that are depicted in the city of Milton transportation plan and inventory of existing conditions report map five, dated April, 2009 and it simply calls out the exact map that we will use so that we can consistently imply how these streets are classified when addressing a permit request. Those are the changes that we have made. Again, they are reflected in the clean copy Regular Meeting of the Milton City Council May 16, 2011 Page 15 of 28 of the recommended edits and chairman's input and Mayor and City Council suggestions from the work so" session on 03/14/11. I know that this one has been very difficult, and I would be happy to answer any questions. Councilmember Zahner Bailey: I'll start with one question now tied to the definition of commercial vehicles. Obviously a lot of the discussion, both at the planning commission as well as amongst this body at the work sessions had to do with this whole question of intensity of use. It causes me pause when I look at some of these businesses on AG -1 land, that we could have tractor trailers and dump trucks. I think when we heard from citizens, their concern was that if we are going to be talking about a business that is more commercial in nature and less agricultural in nature, that it starts to move towards a commercially zoned sort of business. To me that is why the commercial vehicle definitions are so important. I struggle with the definition now says that up to two commercial vehicles can be onside and those can include tractor trailers and busses, I think that it starts to move us away from agricultural of use. I realize that you're saying that the definitions are going to separately go to the planning commission, but if we proceed with what is before us tonight, we are proceeding with no definition of what those commercial uses would be. I guess where that takes me is that is one thing to have a global definition of commercial uses, but it is another to say that those commercial uses in totality would be okay on AG -1 land. The citizens that we continue to hear from and have heard from previously noted concerned about intensity of use. I think that buses and tractor trailers speak to their concerns. Do you have any suggestions for how we could be sure that we are not walking down a path of allowing more commercial like businesses on AG -1 land? Councilmember Longoria: AG -1 land is the lowest common denominator for land in Milton. We have people that have owned property that operate a business, use their home address as the business address, drive to work in their tractor trailer truck, and don't really conduct business on site, but they have to have their vehicle there. There is 10,000 other examples like that. We can't focus on the fact that it is AG -1 land because my property or residential property is on AG -1 land. Some of it is. I'm just saying that using AG -1 is saying that this is really commercial use and it shouldn't be on AG -1, AG -1 is all over the place and is used for all kinds of different purposes. Councilmember Zahner Bailey: To date, I think that was the whole intent of trying to better define this, was not to say that we should make sure that any commercial business can operate on AG -1. It was to say which businesses are okay on AG -1 and under what constraints. I am concerned that what I her, and I don't want to misinterpret, I hope I'm not hearing you say that any business should be able to operate regardless of that. Lynn, maybe you can clarify, are tractor trailers and busses allowed on any property that operates a business? Lynn Tully: If you're zoned C-1. Councilmember Zahner Bailey: son. But on AG -1 land, I don't think that anyone can have tractor trailers... wart Councilmember Thurman: I see tractor trailers and school busses on property. Regular Meeting of the Milton City Council May 16, 2011 Page 16 of 28 Mayor Lockwood: If someone had AG -1 and had a farm, they would be allowed to have a truck. Lynn Tully: I don't know if there is anything that says they can't be there. Mayor Lockwood: We always have the option of not changing it too. Councilmember Tart: It seems like the planning commission and staff have seen or noted an issue or potential change that needs to be made with a commercial vehicle definition. I am wondering if we are putting the cart before the horse in changing the landscaping business definition if we have already noted that there could be issues with the definition of commercial vehicle definition. I am wondering if perhaps a deferral of this one, the one that we are considering today would be in order to first fix the commercial vehicle definition and then to consider the landscaping business definition. Or not, I'm just throwing it out there. Lynn Tully: You can absolutely do that. I don't know that it is going to affect the existing landscaping business that is working today. The existing legal landscaping business that operate today. But absolutely, you can do that. The earliest you would see this come back to you at that point would be in August or July. .s Councilmember Thurman: All this does is set up the bare minimum. At any time that we approve the use permit we can put whatever restrictions on it that we wanted to put on there, including not allowing tractor trailers or only allowing them for delivery or anything else. This isn't meant to be an end all to everything that gets approved. This just allows us to not approve stuff if it doesn't meet these without a variance and we can put whatever conditions we want on it at a later time. Correct? Lynn Tully: Yes ma'am. Mayor Lockwood: From my understanding the Planning Commission is submitting it to us and... Lynn Tully: They are submitting this to you and they were fairly divided as well. Councilmember Zahner Bailey: On the commercial vehicles, and again I think the point that is being made and I'm struggling with that because of the citizens that we hear from is that there is a concern, if it goes forward without that commercial vehicle definition or with one that is being presented here, effectively, it would say that any of those could come forward with two of these commercial vehicles included. While you can always further restrict, again I think that the intent with most of how we proceed with ordinances, is to be cautious of the unintended consequences. Regular Meeting of the Milton City Council May 16, 2011 Page 17 of 28 Councilmember Thurman: Now This is still more restrictive that what we have. This is better and if we tighten it up later on with commercial vehicle definitions, that just makes that even tighter. But this is still better than what is currently on our books, correct? Lyn Tully: It is definitely more stringent. Mayor Lockwood: We have options of deferring, approving, or denying this. We have gone a long time and used a lot of staff time and planning commission as well as ours on this. I would like to at least make a decision tonight, either one way or another and go back to the old or press on with the move. Councilmember Tart: I know you wanted us to look at the clean copy, but I'm comparing the marked up copy with the clean copy and I just wanted clarification items seven and eight. Item seven and eight refer to the hours of operation and it is seven on the clean copy and those two don't match. I just wanted to know what it is that is being recommended. Lynn Tully: Seven and eight on the marked up copy include hours of operation and material deliveries occurring between the hours of 7:30am and 7:30pm. W-4 Councilmember Longoria: They are listed as seven and eight in the marked up copy but it is just seven in the clean copy and the hours are different. Lynn Tully: Oh, we combined them trying to make that a little bit more understandable... Councilmember Longoria: So the clean copy is more accurate? Lynn Tully: Yes sir. Councilmember Tart: So the hours will go, Monday through Friday 7:30am to 7:30pm and 9-6 on Saturdays and closed on Sundays? Lynn Tully: Yes. Councilmember Lusk: In addition to that last point Alan made, where does it state that they're closed on Sunday? Lynn Tully: It doesn't give any hours of operation on Sundays the inference there is that there are none. Regular Meeting of the Milton City Council May 16, 2011 Page 18 of 28 Mayor Lockwood: I guess the bottom line is to be concurrent with our noise ordinance. Lynn Tully: The intent was to be the same as the noise ordinance. Councilmember Lusk: In article six, in the interest in consistency, on the fourth line down, commercial vehicles used for the landscaping business ... for the interest of consistency, should it be landscape business instead of landscaping business since the title of the article is landscape business? Lynn Tully: Did you say you are at number six? Councilmember Lusk: Article six, it says a maximum of two commercial vehicles used for the landscaping business ... and then normally the commercial vehicles, like Karen said, we can proof any of the conditions here that we want in the application, and going down to the final paragraph where it lists a bunch of the equipment, it says cement mixers. I would like to change that to concrete or mortar mixes. If we were to approve this amended ordinance, would it also include the planning commission's recommendations? Lynn Tully: It does. Councilmember Thurman: The marked up version does include the planning commission recommendations as we have discussed them at our previous work session, correct? Lynn Tully: Yes ma'am with the addition of the work session we had in March. Councilmember Lusk: Going to the recommendations, the second paragraph under RZ10-06, it gives the option or recommends the option with going with either the City Attorney's recommendations or the leading landscape business from AG -1. Lynn Tully: Yes sir, that was their original recommendation to do one or the other. Councilmember Lusk: So we are also voting on which option to take in this ordinance? Lynn Tully: You would direct me to either, approve the changes as shown here, or to remove it entirely from AG -1. Mayor Lockwood: 0-40 Couldn't we just discuss that in the meeting and to the planning commission numbers are here which weren't necessarily in favor of deleting it entirely from AG -1? Regular Meeting of the Milton City Council May 16, 2011 Page 19 of 28 Lynn Tully: They were split on it. Councilmember Thurman: But at that work session, we directed staff to come back with the way it is presented now? Lynn Tully: Yes ma'am. Councilmember Lusk: Without the recommendations from the planning commission? Lynn Tully: The recommendations are included there and you can follow those or you can include the newly written landscape business special use permit section. You can choose to remove it and you can remove it at this time too. Mayor Lockwood: I'm not sure if I'm clear on that. Do we need to make a decision, either/or? City Attorney Jarrard: They were mutually exclusive recommendations. They seem to follow the same discussion that council is having. Councilmember Zahner Bailey: As I read it, there recommendation is to do one or the other. Councilmember Thurman: And that is why at the work session we discussed both of them and decided to go with this recommendation because obviously you cannot go with both. Councilmember Lusk: To state emotion on this change, it should also define which of the two recommendations should be approved by the planning commission. Councilmember Thurman: Or it could just state as written here. City Attorney Jarrard: I would suggestion to you is that if you approve what is in your book, the you have implicitly rejected the other recommendation. Councilmember Lusk: Which was to delete... Councilmember Zahner Bailey: Just going back to the details on page one and two, looking on page two item four, it's hard to tell on some of the marked up copies so I apologize, but actually it is item number four where it talks about all Regular Meeting of the Milton City Council May 16, 2011 Page 20 of 28 use areas, storage areas, and dumpsters, and the location of dumpsters. It just says that it should be located 75ft from adjoining residential district. A concern I have is that this doesn't preclude them from being at the front of a property. So in other words, I could be having agricultural piece of property and as long as I was 75ft from another piece of property, that dumpster could be at the front of the property? Lynn Tully: No ma'am. It would still have to be at the rear of the property. It says that in the overlay districts. Councilmember Zahner Bailey: For purposes of clarity, would it be reasonable to say that it should be in the back? I think there are some instances where they aren't at the back and I think there is some question about if it is allowed or not. Lynn Tully: We can restate it, but we would be restating it here and there. Councilmember Zahner Bailey: You believe that it is expressly stated that a dumpster shall not be located in the front of the property? I am asking because we have had some instances where that has been unclear and it might not hurt to clarify. Under item eleven where it states the onsite bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers, and insecticides are prohibited. Where do we define bulk storage and where we draw the line between limited and bulk? Again, it is a public safety issue and there is obviously some state law out there and some fire marshal discussions about that. I just don't see the distinction between limited and bulk. Lynn Tully: We had that discussion during planning commission as well. The distinction came as to whether or not it was in individual packages unbroken versus loose or large containers. That is how they defined it loosely. That is what they were thinking in their mines and again it's not something that is expressly defined in our definition sections, but that is how they saw it. Councilmember Zahner Bailey: I would just ask that you and/or the city Attorney some idea about that? It is a public safety hazard if you don't define it well. As an example based on what you were just saying, I could have 5,000sgft of a building filled with fertilizer and pesticide and as long as it is in individual packages I could indicate that it is not in bulk and I think that would go beyond the intent of limited fertilizer and pesticide. The reason for the question is that there is a legitimate public safety health issue and also with gasoline, it's not just fertilizer. I think this bears some additional delineation and I would ask you both how we would get there so we don't end up with an unintended consequence. City Attorney Jarrard: Let me just offer up what I would it would be. This is a guide for how to handle one of these applications depending on what the actual use was going to be .... (inaudible dialog) ... you shall have no more than x amount of substance on the property. Hopefully staff can come together and we can say we think that this amount of fertilizer is allowed, and that is how I view it. Regular Meeting of the Milton City Council May 16, 2011 Page 21 of 28 Councilmember Zahner Bailey: raw I guess my dilemma goes back to the statement of the question that councilmember Longoria asked and that is do we really want to be in the business of each one of these going and asking how much what do they have and because we have said that under the definition of landscaping business, it could be a combination of these things. It would seem to me that to at least set some sort of distinction between limited and bulk in order to address that fire safety hazard. If we could think about what size gets beyond limited. City Attorney Jarrard: How much gasoline turns into a bulk? I don't know. Councilmember Zahner Bailey: My concern again, can we always impose different conditions? We can. But sometimes, depending on the night, depending on the number cases sometimes the level of detail in those discussions doesn't always get back to the intent. I do think that there is something that will get left out. I think because of the public safety issue, it is something that we shouldn't leave to chance. I bring it up for your consideration because it does concern me that there isn't a line between limited and bulk as it relates to gasoline, fertilizer, and insecticide. Councilmember Longoria: I think that is probably really important to put it in. The way I read all of this stuff is if we are prohibiting the onsite storage of bulk components such as listed here, we don't know what they are going to store. The owner can come in, makes an application, and we ask him if he is going to be `—d storing bulk gasoline or fertilizer, he says no, and then at some point in time in the future we find out that he is, this gives us the capability to stop him from what he is doing and tell him he has to remove this stuff. Our concern is met because we have the capability of enforcing some type of limitation on what is actually happening on the property as opposed to what they say is going to happen. Lynn Tully: As far as detail on the front end, I would hope that when the application comes to us we would ask all of those questions and then some and try and at least have an idea as to what the proposal will include. Obviously they can tell us things and not follow through, but again we have the opportunity to prosecute them on the fact that they misrepresented. Councilmember Thurman: Can you look at that on a use permit by use permit basis and make that a condition of that use permit? City Attorney Jarrard: The tricky pat is it can change. The second we intend to enforce and bulk is undefined, you can rest assure that the applicant will argue it isn't bulk. Councilmember Zahner Bailey: +m Even if the property goes from three to 5 acres, a larger storage is still a public safety hazard. If we can't define that tonight, I'd like to ask our staff add that as a definitive condition that you have to am pursue as staff with each and every case. I think that there are some other instances, even if not in the landscaping business where we have heard from the public with concern about the adjacency whether it be gasoline, pesticide, or fertilizer and I think that just because this happens to be a slightly business, it doesn't minimize the concern of citizens and suddenly a business could be located next to them, even on Regular Meeting of the Milton City Council May 16, 2011 Page 22 of 28 AG -1 land without a clear delineation about what is allowable and what isn't. From an enforcement standpoint, as soon as we have it so widely defined, it becomes difficult to enforce. I think that is what we have heard from the community development staff in the past is that when it is too broadly defined, it is very difficult to enforce. I'm not comfortable that we are getting where we need to n that issue. If we can't get there tonight, I would like to ask that we somehow make that become a very definitive step in the process with every application before it even comes to council. Councilmember Lusk: One last comment on bulk storage, and I believe we talked about it earlier, was those materials that aren't a hazard like soil and mulch that are kept in bulk storage and they get to be quite high. They are very close to joining residential areas. I don't think we ever came up with any way to address that. I think it's an issue with being a visual element of pollution. It is an actual element of pollution and airborne erosion that is being spread around. Lynn Tully: When I brought the same issue back to the planning commission they really felt that they couldn't put a limit on that would cover everything. We would have to cover those individually based on what they planned to store and where they planned to store it. If it was in the back in an area that was low that didn't adjoin any other residential areas, they might be able to put quite a bit back there and it not cause problems. Councilmember Lusk: How would you handle something like that? Would you handle it during the application phase and approval of a permit? Lynn Tully: Yes sir. We would ask for that. Councilmember Lusk: Do you think there is enough language in there or latitude in this ordinance to handle that? Lynn Tully: Yes. They would have to show those areas where they plan to stock, for instance, on their site plans and that way we can talk to them about how they would either enclose that or how big they would be. Again, typically those are into the side, and you probably know this more than any, into the side of a steep grade, where you have one level where they dump and one level where they pick up. Those are typically divided. Again, that would be shown on the site plan. Councilmember Lusk: I didn't want to get into discussing every eventuality or every condition out there, but I think that's a point that needs to be addressed at application time. Councilmember Tart: This message is mostly for Mr. Jarrard. Mr. Jarrard, are you comfortable with the use of the non mandatory language in item number six of the recommended language, We use must rather than shall "Na twice. Regular Meeting of the Milton City Council May 16, 2011 Paee 23 of 28 OPM City Attorney Jarrard: am I have a note on my document here, the maximum of two commercial vehicles used for the landscape business, not landscaping. Rather than must be, but I would like to see if the council will consider "will allowed". If we don't use language like this, we are giving the applicant the ability to screen those two vehicles as opposed to having them inside the facility. Councilmember Thurman: We don't want them parked outside either. Mayor Lockwood: The intent is to shield them or cover them. Lynn Tully: The intent is to not have any more than two and that those two are screened. Councilmember Tart: Would it not be better to say a maximum of two commercial vehicles used for the landscape business shall be enclosed or be screened such that they cannot be viewed from adjacent properties or public right of ways? City Attorney Jarrard: I like "shall". I'm comfortable with that. I just want to make sure that it doesn't have another application. Councilmember Zahner Bailey: The way I interpret that is that it either has to be in a building or it has to be screened or it is not allowable. City Attorney Jarrard: The storage is the second component, that additional commercial vehicles "must be parked and/or stored inside buildings". We can change that "must" to "shall". Councilmember Zahner Bailey: Legally, is shall stronger than must? City Attorney Jarrard: Shall is the golden standard. I am more comfortable with shall. Councilmember Zahner Bailey: Going back to Councilmember Lusk's point, I think it's a good one, I think there is an unintended consequence that this business that is intended for AG -1 could become more commercial in terms of intensity if suddenly aggregate soil and mulch etc. became more of the norm. Lynn, would it not be possible to just extend that list where it says instead of just "or any other material" right after insecticides to include some of the listings that Councilmember Lusk just noted. At least it sets the stage that that is something you're looking at and you're not intended to become. Even in those materials. It would seem that it would address it but still give flexibility but to not mention those, it would leave something open that could become an unintended consequence. Regular Meeting of the Milton City Council May 16, 2011 Page 24 of 28 Councilmember Thurman: These are all hazardous materials that are listed here, that is why they are listed... Councilmember Zahner Bailey: It doesn't say hazardous material. Yes, they are hazardous, but you could also indicate that the bulk storage of these others is also prohibited as so is not to create the sort of business that Councilmember Lusk just noted. City Attorney Jarrard: Let me ask you this Councilmember Bailey and also to Lynn. Councilmember Thurman is correct, it is a long string of hazardous materials and then you throw in "or any other material" which means of course anything, is that the intent? Lynn Tully: We didn't want to get into calling out hazardous materials because we didn't want to get into federal regulations. In number eight, we do address those materials which you are talking about. Mulch, top soil, sand, stone... Councilmember Thurman: It says limited qualities. Councilmember Zahner Bailey: Does that imply no bulk of those materials under number eight? City Attorney Jarrard: That would cause me a little concern about number ten. I would want to be careful about the "or any other material". Councilmember Zahner Bailey: But it is the issue of bulk. The point is, the bulk facility that handles only the in and out of bulk material is not a landscape business. We have some of them around that is not typically adjacent to AG -1 residential land. Councilmember Longoria: So then it wouldn't be a landscaping business. Councilmember Zahner Bailey: My point being, and I think councilmember Lusk brought up a great point, is does this cover us so that it doesn't become a much more commercial storage and sale of these other items. Because the retail component is not part of it, do you believe we are covered? Councilmember Lusk: I think my point was more from the standpoint of a visual and airborne pollution issue... Councilmember Zahner Bailey: My point was the adjacency issue in addition to the visual and airborne pollution, is that the bulk storage "'w of those things starts to be a very different business. Regular Meeting of the Milton City Council May 16, 2011 Page 25 of 28 Councilmember Thurman: ftwo Personally, I would prefer to handle that on a case by case basis. That is just me personally. This is AG -1, and I don't want to get into to how much is how much. Mayor Lockwood: We are at a point where we can either defer this if council is not comfortable with it, we can approve it, or we can deny it and go back to our original ordinance. Councilmember Longoria: I think our staff has put a lot of work into this, I think it is worthy of voting on. Councilmember Zahner Bailey: I have one more question for clarification. Under number one, where it says roadside produce stands, I don't recall seeing that before and I'm not sure I understood it. It is not really a separate issue; we are saying that these businesses are not supposed to have a retail or wholesale component. It seems to me that the roadside produce stand is a separate and distinct entity and I wasn't sure why that was included here. Lynn Tully: If you're growing flowers in your greenhouse as part of landscape business and you want to have a produce stand under every other area of AG -1, you can do that. Councilmember Thurman: I don't think there is anything much more agricultural than a roadside produce stand. Councilmember Zahner Bailey: Where is that then defined? Is there a size restriction? Robyn MacDonald: Location and size, days, etc.... Councilmember Zahner Bailey: Okay, so it can't suddenly become larger than unintended consequences because in reality we need to be aware of those. Lynn Tully: That is correct, it will be limited. Councilmember Zahner Bailey: Was that historically part of the landscape business? Lynn Tully: *no I don't believe it was part of the original landscape definitions but let me just double check that. Councilmember Zahner Bailey: It is one thing if that is being grown on the land, but it is another if it is brought in to sell as a retail element. Regular Meeting of the Milton City Council May 16, 2011 Page 26 of 28 Lynn Tully: The intent and the definition of roadside produce stand, is that it would be grown on site. Councilmember Zahner Bailey: So that would carry forward. In other words, I can't bypass the retail sale component and suddenly bring in flowers that are being grown elsewhere and claim that I am not selling retail and just setting it up on the street. Do you believe legally it is covered? Lynn Tully: Yes, by the roadside stand permit, yes it is covered. Councilmember Tart: I have a question and then a motion. The question has to do with number six. Could staff tell me what the intent is behind number six? Is the intent that you can have 1,000 vehicles on a piece of property but only two of them screened and the rest of them have to be stored in part inside a building? Lynn Tully: Yes sir. The number of vehicles will be limited by the size of the building. There is a limitation of the size of the building and the total number of buildings. Councilmember Tart: We do limit the number of commercial vehicles that could be associated with any given landscape business by what? Lynn Tully: By limiting the size of the building that those can be stored within. Councilmember Tart: Okay. Councilmember Thurman: It can also be limited as a condition of the use permit when it came forth. Councilmember Lusk: One final question, a quick one, does this preclude having a landscape business in C-1? Lynn Tully: No sir, you can still have a landscape business in C-1. Councilmember Tart: I would like to make a motion. Motion and Vote: Councilmember Tart moved to approve Zoning Agenda Item RZ10-06 with the following changes to the City Attorney's Recommended Edits with PC Chairman's Input and mayor and City Council's Suggestions From the 03/14/11 Work Session under Section 64-1820- Landscape Business: 1. Under paragraph 6 line one, change "landscaping" to "landscape"; 2. Under paragraph 6 line one, change "must" to "shall"; Regular Meeting of the Milton City Council May 16, 2011 Page 27 of 28 3. Under paragraph 6 line four, change "must" to "shall"; 4. Under paragraph 10 line two, add "environmentally sensitive" between "other" and "material"; 5. Under paragraph 12 line one, add "minor" between "from" and "arterial"; 6. Under paragraph 12 line one, delete "minor". Councilmember Thurman seconded the motion. The motion passed (5-1) with Councilmember Zahner Bailey in opposition. Councilmember Hewitt was absent from the meeting. UNFINISHED BUSINESS (None) NEW BUSINESS MOVED TO FIRST PRESENTATIONBYMOTIONAND VOTE 1. Approval of a Resolution Amending Resolution No. 08-01-09, A Resolution Appointing A Member to the City of Milton Design Review Board for District 6. (Agenda Item No. 11-104) (Presented by Mayor Joe Lockwood) MAYOR AND COUNCIL REPORTS STAFF REPORTS Jason Wright: • Just a quick update, we started posting information about arrests on Facebook. • We figured this would help our residents to know what our police are doing on the streets. • It would also help us touch a lot more people. • In one week, we have increased our page visits to 552 from 130. • We think this is important for our strategic plan in communications. • We are reaching more people than we have before. Lynn Tully: • We have a special work session to talk about the Crabapple Plan next Wednesday. • The strategic HOA meeting is scheduled for Wednesday at 7pm at White Columns. EXECUTIVE SESSION (None) Regular Meeting of the Milton City Council May 16, 2011 Page 28 of 28 ADJOURNMENT (Agenda Item No. 11-105) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 8:21 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Date Approved: July 7, 2011. 4�9�0)�71 Sudie AM Gordon, City Clerk L__ Joe Lock ood, Mayor