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HomeMy WebLinkAbout08-15-11 PacketPage 1 of 4 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 Joe Longoria Alan Tart Monday, August 15, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jacob Elzey, Vision Baptist Church, Milton, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 11- 169) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the July 11, 2011 Work Session Minutes. (Agenda Item No. 11-170) (Sudie Gordon, City Clerk) 2. Approval of the July 18, 2011 Regular Meeting Minutes. (Agenda Item No. 11-171) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 15, 2011 Page 2 of 4 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. 3. Approval of Financial Statements for the Period Ending November, 2010. (Agenda Item No. 11- 172) (Stacey Inglis, Finance Director) 4. Approval of a Construction Services Agreement between the City of Milton and The Tomal Corporation d/b/a Wildcat Striping and Sealing Co. for Guardrail Replacement on the Cogburn Road Bridge. (Agenda Item No. 11-173) (Carter Lucas, Public Works Director) 5. Approval of an Agreement between the City of Milton and Onsite Civil Group, LLC for the Topographic Survey for Bell Memorial Park in the Amount of $5,400.00. (Agenda Item No. 11-174) (Carter Lucas, Public Works Director) 6. Approval of a Temporary Access Agreement between Birmingham United Methodist Church and the City of Milton for the 2011 Milton Roundup. (Agenda Item No. 11-175) (Tom Gilliam, Parks and Recreation Department Program Coordinator) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING 1. An Ordinance of The Mayor and Council of the City of Milton, Georgia, to Fix The Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2011; and for Other Purposes. (Agenda Item No. 11- 163) (First Presentation on August 1, 2011) (Stacey Inglis, Finance Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 15, 2011 Page 3 of 4 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 1. RZ11-14/VC11-03 – 14375 Providence Road by Segars & Snidow, LLC from C- 1 (Community Business) and AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural) for an Existing Building for a Total of 3,085 Square Feet and a Three Part Concurrent Variance to Reduce the 50 Foot Buffer and 10 Foot Improvement Setback Along the West, North, and East Property Lines to 0 Feet, 0 Feet and 20 Feet Respectively [Sec. 64-1141 3.a.]. (Agenda Item No. 11- 164) (First Presentation on August 1, 2011) (Tom Wilson, Interim Community Development Director) 2. ZM11-02 – 170 Cox Road by Wall to Wall Soccer Centers to Modify the Following Conditions of U86-64. Condition 1.a. as follows: Two Recreational Soccer Fields, Six Mini-Soccer Fields, a 1950 Square Foot Clubhouse and a 2500 Square Foot Storage Building Including Restroom Facilities; to Modify Condition 2.a. to Modify the Site Plan Submitted to the Community Development Department on July 5, 2011; to Modify Condition 3.g. as Follows: Limit the Free- Standing Project Identification Signage on the Entire Property to No More Than One Unlighted, Double-Faced Monument Sign Adjacent to Arnold Mill Road or Cox Road, Having No More than 32 Square Feet Per Face and Further Not to Exceed 6 Feet from Finished Grade Measured from the Base of the Sign Structure. (Agenda Item No. 11- 165) (First Presentation on August 1, 2011) (Tom Wilson, Interim Community Development Director) 3. RZ11-15 – Text Amendment to Amend Chapter 64, Article VII, Division 5 (State Route 9 Overlay District) as it Pertains to Outdoor Amenity Areas. (Agenda Item No. 11- 166) (First Presentation on August 1, 2011) (Work Session August 8, 2011) (Tom Wilson, Interim Community Development Director) 10) UNFINISHED BUSINESS 1. Approval of an Ordinance of The Mayor and Council of the City of Milton, Georgia, to Fix The Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2011; and for Other Purposes. (Agenda Item No. 11- 163) (First Presentation on August 1, 2011) (Public Hearing held on August 15, 2011) (Stacey Inglis, Finance Director) 11) NEW BUSINESS (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA AUGUST 15, 2011 Page 4 of 4 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. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 11-176) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 1 To:    Honorable Mayor and City Council Members    From:    Stacey Inglis, Finance Director    Date:   August 15, 2011 City Council Meeting    Agenda Item:  Financial Status Report for Period 2 – November 2010      I apologize for the delay in getting these financial statements to you. The process of converting to a new  financial software created several issues that had to be worked out. We are slowly working our way  through the problems, but I am confident that the data is correct. As each month is reconciled, I will  release the financial statements for that month. Thank you for your continued patience.       OVERVIEW and FINANCIAL HIGHLIGHTS:    General Fund  Revenue collections for the General Fund are 5.95% higher than anticipated for the second  period of the fiscal year. Please remember that there are several revenue sources whose  collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal  year. It is a generally accepted accounting principle to apply the revenue to the period it is  intended for.     Total expenditures to‐date are $1,695,257 and are 8.03% 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 $9,540,001, capital expenditures‐to‐date total $581,859.       FINANCIAL OPERATIONS:    Tree Replacement Fund:  Balance:  $12,625    Sidewalk Replacement Fund:  Balance:  $70,558      City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending November 2010Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax8,607,691 - - - - - - Motor Vehicle Tax450,000 49,385 37,500 11,885 49,385 37,500 11,885 Intangible Tax160,000 17,281 13,333 3,948 17,281 13,333 3,948 Real Estate Transfer Tax37,000 2,622 3,083 (461) 2,622 3,083 (461) Franchise Fees 1,700,000 - - - - - - Local Option Sales Tax3,540,000 216,678 177,000 39,678 216,678 177,000 39,678 Alcohol Beverage Excise Tax280,000 22,301 23,333 (1,033) 22,301 23,333 (1,033) Business & Occupation Tax550,000 530 - 530 858 - 858 Insurance Premium Tax850,000 - - - - - - Financial Institution Tax26,000 - - - - - - Penalties & Interest 59,000 2,679 2,800 (121) 2,699 2,800 (101) Alcohol Beverage Licenses 150,000 55,850 60,000 (4,150) 60,450 75,000 (14,550) Other Non-Business Permits/Licenses 15,750 654 1,154 (501) 1,399 2,308 (910) Zoning & Land Disturbance Permits 23,000 500 1,917 (1,417) 2,125 3,833 (1,708) Building Permits 75,000 7,470 6,250 1,220 19,292 12,500 6,792 Intergovernmental Revenue - - - - - - - Other Charges for Service 318,000 17,197 20,192 (2,994) 38,850 36,958 1,892 Municipal Court Fines 502,500 31,927 41,875 (9,948) 65,233 83,750 (18,517) Interest Earnings 15,000 3,469 1,250 2,219 6,127 2,500 3,627 Contributions & Donations - - - - - - - Other Revenue 37,802 - 37,802 (37,802) 36,855 37,802 (947) Other Financing Sources - - - - - - - Total Revenue 17,396,743 428,542 427,490 1,053 542,155 511,702 30,453VarianceVarianceRevenue Annual BudgetCurrent MonthYear-to-DateOperating ExpendituresAnnual BudgetCurrent MonthYear-to-DateActual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 166,912 13,798 13,791 7 20,427 20,920 (493) Clerk of the Council 224,741 15,854 17,476 (1,622) 32,347 32,526 (179) City Manager 297,343 19,711 22,761 (3,050) 41,150 42,025 (875) General Administration 548,694 40,809 45,725 (4,916) 121,156 133,211 (12,055) Finance 517,011 38,788 42,278 (3,490) 77,884 80,774 (2,891) Legal 240,000 10,312 20,000 (9,688) 10,312 20,000 (9,688) Information Technology 525,571 31,847 76,817 (44,970) 88,900 102,508 (13,607) Human Resources 238,606 16,406 18,599 (2,193) 32,763 35,840 (3,077) Risk Management 175,621 16,861 14,635 2,226 29,074 29,270 (196) Public Information & Marketing 85,371 5,597 7,825 (2,228) 12,067 13,115 (1,047) Municipal Court 226,604 17,279 17,642 (363) 33,635 31,760 1,875 Police 2,524,380 172,474 199,174 (26,700) 336,774 371,489 (34,715) Fire 4,196,653 312,295 330,930 (18,635) 610,740 616,759 (6,019) EMS Operations 136,881 11,021 11,407 (386) 22,042 22,814 (772) Public Works 1,513,980 61,633 81,211 (19,578) 95,430 159,534 (64,104) Parks & Recreation 357,374 11,575 19,835 (8,260) 25,964 37,201 (11,237) Community Development 652,724 48,757 50,932 (2,175) 104,591 93,557 11,034 Debt Service - Capital Lease Payment 716,543 - - - - - - Operating Transfers to Other Funds 3,918,284 - - - - - - Operating Reserve 133,450 - - - - - - Total expenditures 17,396,743 845,016991,038 (146,022) 1,695,257 1,843,305 (148,048)Net Income/(Loss)(416,474) (1,153,102)Operating ExpendituresAnnual Budget08/08/2011 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee -$ 500$ 3,050$ 3,050$ Milton Roundup Sponsor 10,000 Contributions & Donations 2,000 - - (12,000) Interest Revenues - - - - T-shirt Sales 500 - 126 (374) Mayor's Run 2,000 - - (2,000) Total revenues 14,500$ 500$ 3,176$ (11,324)$ EXPENDITURES Current: Special Events 49,500$ 11,315$ 17,493$ 32,007$ Total Expenditures 49,500$ 11,315$ 17,493$ 32,007$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 3,616$ 3,616$ (31,384)$ Total other financing sources and uses 35,000$ 3,616$ 3,616$ (31,384)$ Net change in fund balances -$ (10,701)$ Fund balances - beginning 44,203 Fund balances - ending -$ 33,502$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2010 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations -$ -$ -$ -$ Interest Revenues - 5 10 10 Budgeted Fund Balance 2,800 - - (2,800) Total revenues 2,800$ 5$ 10$ (2,790)$ EXPENDITURES Current: Police 2,800$ -$ -$ 2,800$ Total Expenditures 2,800$ -$ -$ 2,800$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 10$ Fund balances - beginning - 7,520 Fund balances - ending -$ 7,530$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2010 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 37,998$ 37,998$ (662,002)$ Total revenues 700,000$ 37,998$ 37,998$ (662,002)$ EXPENDITURES Current: Public Safety 627,787$ 147,228$ 104,060$ 523,727$ Total Expenditures 627,787$ 147,228$ 104,060$ 523,727$ OTHER FINANCING USES Unallocated 72,213$ -$ -$ (72,213)$ Total other financing sources and uses 72,213$ -$ -$ (72,213)$ Net change in fund balances -$ (66,062)$ Fund balances - beginning - 340,333 Fund balances - ending -$ 274,271$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2010 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 50,032$ -$ -$ (50,032)$ Total revenues 50,032$ -$ -$ (50,032)$ EXPENDITURES Current: General Administration 3,350$ -$ -$ 3,350 Public Safety 128,153 - - 128,153 Public Works - - - - Community Development - - - - Total Expenditures 131,503$ -$ -$ 131,503$ Excess of revenues over expenditures (81,471) - - 81,471 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 81,471$ -$ -$ (81,471)$ Total other financing sources and uses 81,471$ -$ -$ (81,471)$ Net change in fund balances - - Fund balances - beginning 3,423 Fund balances - ending -$ 3,423$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2010 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 35,000$ 3,616$ 3,616$ (31,384)$ Total revenues 35,000$ 3,616$ 3,616$ (31,384)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund -$ -$ -$ -$ Transfers out to Special Events Fund 35,000 3,616 3,616 38,616 Total other financing sources and uses 35,000$ 3,616$ 3,616$ 38,616$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2010 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 184$ 184$ (64,816)$ Landfill Host Fees 155,000 - - (155,000) Tree Recompense 12,625 - - (12,625) HYA Fees 20,000 - - (20,000) Interest Revenue 2,000 - - (2,000) Realized Gain or Loss on Investments 2,000 160 160 (1,840) Sidewalk Replacement Account 70,558 - - (70,558) Total revenues 327,183 344$ 344$ (326,839)$ EXPENDITURES Capital Outlay City Council 425,000$ 9,600$ 78,500$ 346,500$ General Admin 15,000 - - 15,000 Finance 44,475 - - 44,475 IT 46,000 21,330 21,330 24,670 Police 212,613 18,803 21,460 191,153 Fire 463,688 41,040 41,040 422,648 Public Works 6,136,118 366,538 367,026 5,769,092 Parks & Recreation 1,857,798 51,504 52,504 1,805,294 Community Development 339,309 - - 339,309 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2010 Total Capital Outlay 9,540,001$ 508,815$ 581,859$ 8,958,142$ Excess of revenues over expenditures (9,212,818) (508,471) (581,515) (9,284,980) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$ Unallocated (98,933) - - 98,933 Budgeted Fund Balance 5,713,178 - - (5,713,178) Total other financing sources and uses 9,212,818 - - (9,212,818) Net change in fund balances - (581,515) Fund balances - beginning 5,940,006 Fund balances - ending -$ 5,358,491$ Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT HPP Funds 3,365,794$ -$ -$ (3,365,794)$ LCI Funds 100,000 - - (100,000) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 613,000 100,000 100,000 (513,000) Interest Revenues - - - - Total revenues 4,098,794$ 100,000$ 100,000$ (3,998,794)$ EXPENDITURES Capital Outlay Public Works 4,473,608$ 284,418$ 284,418$ 4,189,190$ Community Development 150,000 - - 150,000 Total Capital Outlay 4,623,608$ 284,418$ 284,418$ 4,339,190$ Excess of revenues over expenditures (524,814) (184,418) (184,418) 340,396 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 238,240$ -$ -$ (238,240)$ Budgeted Fund Balance 286,574 - - (286,574)$ Total other financing sources and uses 524,814$ -$ -$ (524,814)$ Net change in fund balances - (184,418) Fund balances - beginning 880,161 Fund balances - ending -$ 695,743$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2010 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: July 29, 2011 for the August 15, 2011 Council meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and The Tomal Corporation d/b/a Wildcat Striping and Sealing Co. for Guardrail Replacement on the Cogburn Road Bridge Background: This agreement is to repair the guardrail on the Cogburn Road bridge over Chicken Creek that was damaged in an accident. Discussion: The work to be completed under this Agreement provides for the repair of a section of guardrail along the northbound lanes on the Cogburn Road bridge over Chicken Creek. This guardrail was damaged in a traffic accident. Staff is recommending the approval of a construction services agreement between the City of Milton and The Tomal Corporation to provide guardrail repair services in the amount of $2,090.00. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 7/1/2011 Attachments: 1. Agreement c I City of Milton A`14'% CONSTRUCTION SERVICES AGREEMENT SHORT FORM AGREEMENTS $10,000.00 OR LESS GUARDRAIL REPLACEMENT ON THE COGBURN ROAD BRIDGE This Services Agreement (the "Agreement") is made and entered into this day of , 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and The Tomal Corporation doing business as Wildcat Striping and Sealing Co. having its principal place of business at 4578 Lewis Road, Stone Mountain, Georgia 30083 (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A INSURANCE CERTIFICATE EXHIBIT B CONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the removal and replacement of 5 posts, 1 end piece, and a section of W -beam at Cogburn Road Bridge over Chicken Creek. Contractor shall provide all necessary traffic control to maintain a safe work zone for their employees and the general public in accordance with the standards provided by the MUTCD, latest edition, and the Georgia Department of Transportation. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 5 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall be based on a lump sum fee which shall not exceed $2,090.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit A. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. 2 F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. CounMarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verification. Contractor shall provide evidence on the forms attached hereto as Exhibit `B" that it and Contractor's subcontractors conduct verification of employees as required by O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation. The City Manager or his/her designee shall be authorized to conduct inspections of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. Compliance with the requirements of O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation, as applicable, is mandatory. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] The Tomal Corporation doing business as Wildcat Striping and Sealing Co. Signature: tn/� Printed Name:JH %�tc�•? ��- `� Title: Y � C� �� d e /� l �0�uuAuuiq��'i 10M rORPO .90: '. }s [AFFIX CORPORATE SEAL] s •,�i1 �' •.moo` CITY OF MILTON, GEORGIA Joe Lockwood, Mayor 0 EXHIBIT "A" INSURANCE CERTIFICATE STATE OF GEORGIA CITY OF MILTON EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § l3-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "D", if necessary. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. \Sa155 EEV / Basi Pilo Progra User Identification Number P. BY: Authori O icer or Agent Date [The Tomal Corporation doing business as Wildcat Striping and Sealing Co.] V i CsL n -� Title of Authorized Officer or Agent of Contractor %2r ��ua ►tel Printed Name of Authorized Officer or Agent\A B� 'A--�' SUBSCRIBED AND SWORN = ' EXPIRES' BEFORE ME ON THIS THE = CaEOI�. A _ DAY OF Jul , 201 C RPS 24, 2014 8641 Notary blic My Commission Expires: 0 Fan„ W-9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) Tomal Corporation m Business name, if different from above CL o Wildcat Striping and Sealing o Check appropriate box: ElIndividual/Sole proprietor ® Corporation ❑ Partnership CL 2 F-1Limitedliability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ► ....... Exempt ❑ payee o ❑ Other (see instructions) Do - c"3 Address (number, street, and apt. or suite no.) Requester's name and address (optional) a o w 4578 Lewis Road 0 City, state, and ZIP code W Stone Mountain, CA 30083 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. ( 58 t 1279092 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructjgns on page 4. , Sign Signature of' -- �/ 0 / Here U.S. person 1111,/=t- Date 0, General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. Fbr federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: July 29, 2011 for the August 15, 2011 Council meeting Agenda Item: Approval of an Agreement between the City of Milton and Onsite Civil Group, LLC for the Topographic Survey for Bell Memorial Park in the amount of $5,400.00. Background: In 2010 the city contracted with Onsite Civil Group, LLC to perform a topographic survey of approximately 2 acres of Bell Memorial Park to evaluate potential drainage improvements to the concession area and Field 1. This proposal is to extend that survey to encompass an additional 10 acres of the park for future planning and capital improvement projects. Discussion: The work to be completed under this Agreement includes the extension of the previously run field survey to provide a compiled boundary survey and a topographic survey for an additional 10 acres of the park. This survey will be used to facilitate planning for future park improvements as well as the basis for capital improvements that are currently needed. Staff is recommending the approval of an agreement between the City of Milton and Onsite Civil Group, LLC for the survey for Bell Memorial Park in the amount of $5,400.00. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 7/26/2011 Attachments: 1. Agreement �1� City of Milton SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS Topographic Survey for Bell Memorial Park This Services Agreement (the `Agreement") is made and entered into this _ day of , 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Onsite Civil Group, LLC (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work'); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govem. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as to provide a one -foot topographic survey and compiled boundary for an approximately 10 acre portion of Bell Memorial Park and as more particularly defined in Exhibit A. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 30 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $5,400 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. a Section 6. Covenants of Contractor A. Assignment of Agreemen[: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses. Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall he the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: I ( (11%k ' 1 4me, shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiafity: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. E. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seat as of the date first above written. [Onsite Civil Group, LLC] Signature: VAi`' .f Printed Name: rre��v'l' Semk bel I Title: pros] de h l 1. [AFFIX CORPORATE SEAL] Onsite Civil Group LLC CITY OF MILTON, GEORGIA Joe Lockwood, Mayor A EXHIBIT A SCOPE OF WORK The topographic survey is comprised of a 10 acre portion of the Bell Memorial Park tract and shall show one foot interval elevation contours based on the horizontal and vertical control provided from previous surveys. As requested the survey will include the hatched areas as shown on the attached map and shall show existing improvements above ground and visual evidence of underground utilities such as visible valve covers, utility access covers such as water, sanitary sewer, storm sewer, etc. The topographic drawing shall show the elevation of finished floors (where accessible); storm & sanitary sewer size and invert elevations. The surveyor shall update and provide a digital copy of the existing AutoCAD drawing provided by the city to include the topographic survey and the existing boundary fines as related to the area surveyed. The boundary lines will be a compilation of existing surveys as provided and shall be field verified; however, a full boundary survey is not part of this agreement. Exclusions Items not included in the scope of services are as follows: • Boundary Survey • Subdivision/Recombination Plats • Offsite utilities survey • Offsite drainage structures/facilities survey unless specified otherwise • Tree survey • Wetland delineation, surveys or permits • Location of underground utilities other than from above ground features or markings EXHIBIT B INSURANCE CERTIFICATE OP ID: RG CERTIFICATE OF LIABILITY INSURANCE °ATE,MM 02111 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(m) must be endorsed. If SUBROGATION IS WAIVED, subject to the tame, and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 678-842-9901 The Barkley Group, LLC 12600 Deerfield Parkway 0100 678-842-9902 Alpharetta, GA 30004 Lance N. Barkley CONTACT xSMe: P ONN0 Fan uc, Hol: ElIAa - ARDRESS: _ PR OUCE GVUS ER Dr.ONSITEI N URED Onsite Civil Group, LLC 1065 Mid Broatlwell Road Alpharetta, GA 30004 IWUM SRI )AFPoROME COVERAGE NAIL.___ IxsuRERA: Hartfortl UrHlerwriters Insuranc 30104 IxsuRER e: Lloyd's of London EACN OCCURRENCE 8 2,999,6 --- INSURERC: _ - PERSONPLSADVINJURY $ 2,000,00 INBURERD: 1_NSURER E: INSURER F: rvuclEs Dr INSUHANGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L/TR For Info Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 01988-2009 ACORD CORPORATION. All ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD TYPE OFIHBBMNCE pOL1cY NUMBER MWOIC F MOD NI LIMITS A GENEWIL LI ABILITY X COMMERGALGENERALLIABILITY CIAIMS.E X OCCUR 20SBMIN6206 04/01/11 04/01/12 EACN OCCURRENCE 8 2,999,6 _ pREMIsSs (Eaag rnrca $ 300,00 MEDEXP(Al.,—, $ 10.99 PERSONPLSADVINJURY $ 2,000,00 GENERALAGGREGATE $ 4.000,00 --- GEN'L AGGREGATE POLICY LIMB APPLIES PER: PRO- Loc PRODUCTS - COMPIOP AGC $ 4,000.00 EPL --- s 6.00 AUTOMOBILE LIABILITY ANYAUTO COMBINED ...)SINGLE LIMB $ 2,000,09 (Ea amMenll BODILY INJURY(Pa pprtm) $ ALL COINED AUTOS BODILY MJURY(PerecoERMI $ SCHEDULED AUTOS PROPEAGE aU$ (PerBRAL)a A 20SBMIN6206 0101/11 007/12 X NON-0VRJEDAUTOS 20SBMIN6206 04/01/11 64/01/12 $ $ 1 _ UMBRELLA LIAB MOEN W1B _ OCCUR CLAIMS? , EACH OCCURRENCE $ _ — AGGREGATE $ OEDUCTSLE B RETENTION $ PA RRERSCOWENS. AND EMPLOYERS' UABILT/WC ANY PROPRIETORRARTNEREAECUTIVE YIN OFFICERIMEMBER EXCLUDED? (MenJ1 In -S DI, `PTON OFF DEB RIPTION OF OPERATIONS Pew Profes8lonal L. -b. NIA EL00.51-016]-2009 04/01/11 04/01%2 $ STATU- O1H- _ T R ER EL. EACHACCIOENT t EL D6EASE-EA EMPLOY $ E.L. DISEASE -POLICY LIMIT $ Per Claim 1,000,00 A99re9• 1,OW,00 Deductible OF OPEMigN3/LOCAT19g��NS/VEHICLES Mench ACOR°101 ANUEPWRAI Mnu SCNeEu1B, Ir monP ePe NPTlMn Professional Liability- Claims Made alu Reported. Retro bate 04/01/2009. Detluctible 55,000 per claim. econclrNTc ...., ..tee For Info Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 01988-2009 ACORD CORPORATION. All ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Cyndee L. Bonacci, Parks and Recreation Director Submission Date: August 4, 2011 Meeting Date: August 15, 2011 Agenda Item: Approval of a temporary access agreement between Birmingham United Methodist Church and the City of Milton for the 2011 Milton Roundup Background: The City of Milton will be hosting the annual Milton Roundup at Birmingham United Methodist Church on Saturday, October 15, 2011 from 12-6 p.m. The City has hosted the event at BUMC previously in 2007, 2008 and 2010. Discussion: This agreement will allow the City to utilize the parking, baseball field, open field areas, amphitheatre and cloister area for the activities relating to the event. It will allow City staff, volunteers, vendors, sponsors and the general public to access the site for the event. The City will provide a certificate of liability coverage to BUMC listing them as a certificate holder. Attachments: A temporary access agreement between Birmingham United Methodist Church and the City of Milton for the 2011 Milton Roundup. TEMPORARY ACCESS LICENSE AGREEMENT In consideration of the mutual promises made herein, this License is entered into on this -;0 day of f , 2011 by and between, the City of Milton, Georgia (hereinafter the "Licensee") and Birmingh m United Methodist Church (hereinafter referred to as the "Licensor"): 1. Licensed Use: The Licensor, in exchange for a Golden Horseshoe Sponsorship and five (5) vendor spaces for the 2011 Milton Roundup and other good and valuable consideration set forth herein, hereby authorizes Licensee to use: All parking areas, softball field, open fields, Cloister area, and amphitheatre area (the "Premises"); for vehicular, equipment, personnel, and public access for: the 2011 Milton Roundup (the "Event"); being conducted by the Licensee at the Premises on: Saturday, October 15, 2011 from 7 a.m. until 8 p.m. with some initial set-up beginning on Friday, October 14, 2011 (the "Term"). This License shall be limited to the Premises and Term described above. The Licensee shall vacate the Premises immediately upon termination of the Term and leave the premises in the same condition, reasonable wear and tear excepted, as prior to the term. Licensor shall have no duty or obligation to Licensee other than to make the premises available "as is" to Licensee. Licensee shall be solely responsible for traffic control, security and emergency medical services on the premises during the term. Licensee shall, to the extent, if any, allowed by law, indemnify and hold Licensor harmless from any claim, action, litigation or damages arising out of Licensee's licensed use of the premises not attributable to the negligence of the Licensor. 2. Miscellaneous Provisions: This License shall not be changed, modified or varied except by a written statement signed by all parties hereto with the same formalities as in the execution of this License. Neither party may assign this License. Each signatory who executes this License hereby agrees and represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the Licensor and Licensee both waive and release any right to contest the enforceability of this License based upon the execution and/or approval thereof. The licensee will provide the licensor a certificate of liability insurance coverage with the licensor listed as a certificate holder/additional loss payee. IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above written: For the City: For Birmingham United Methodist Church: City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey R. Inglis, Finance Director Date: Submitted for the August 15, 2011 Council Meeting Agenda Item: Approval of an Ordinance to Set the Millage Rate for the Fiscal Year 2011 CMO (City Manager’s Office) Recommendation: Approval of an ordinance to set the millage rate for fiscal year 2011 at 4.731 mills. Background: The fiscal year 2011 budget was adopted on September 8, 2010 by the City Council. The property tax revenue estimated at $7,500,000 was based on a millage rate of 4.731. Discussion: The tax digest for 2011 shows that reassessments have decreased the City’s tax base by approximately 4.6%. This decrease has been accounted for in the projected tax revenues and shouldn’t cause a budget deficit. The estimated amount of taxes the City will bill is approximately $8.6 million in property taxes and $495,000 in motor vehicle taxes. The millage rate must be approved via ordinance before tax collections can begin. Each year, we are required to calculate a rollback millage rate that demonstrates the same revenue collections had the tax digest not been reassessed. If the proposed millage rate is higher than the rollback rate, the City is required advertise a tax increase and 5-year history and hold three public hearings prior to the rate being adopted. If the proposed rate is lower than the rollback rate, we are only required to publish a 5-year history prior to adoption. For 2011, the proposed rate of 4.731 mills is lower than the rollback rate of 4.958 mills. Even though a public hearing is not required, it is best to hear any public concerns prior to the approval of the millage rate. A public hearing has been scheduled for the August 15, 2011 council meeting. Alternatives: Approve a lower rate or reject establishing a millage rate and not collect taxes. Either option puts the City in a position of financial decline. Concurrent Review: Chris Lagerbloom, City Manager Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO FIX THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2011; AND FOR OTHER PURPOSES. WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the City Council has properly given notice, and held one public hearing on August 15, 2011 at 6:00 p.m. for the purpose of receiving relevant evidence, testimony and public comment concerning the proposed millage rate for ad valorem property taxes; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2011 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. Page 2 of 2 SECTION IV: All ordinances and parts of ordinances in conflict herewith are hereby repealed. ORDAINED this the 15th day of August, 2011. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 1 of 31 RZ11-14/VC11-03 R/A Z62-06 RZ11-14/VC11-03 PROPERTY INFORMATION ADDRESS 14375 Providence Road DISTRICT, LAND LOT 2/2 845 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING C-1 (Community Business) Z62-06/ AG-(Agricultural) PROPOSED ZONING C-1 (Community Business)/AG-1 (Agricultural) ACRES 1.05 EXISTING USE Storage – 3,085 sq. ft. PROPOSED USE Commercial/Retail – 3,085 sq. ft. PETITIONER Segars & Snidow, LLC ADDRESS 14355 Providence Road Milton, GA 30004 770-757-7279 REPRESENTATIVE Donald A. Rolader, Esq. PHONE 770-442-0330 INTENT To rezone from C-1(Community Business) and AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural) for an existing building consisting of 3,085 square feet at an overall density of 2,938 square feet per acre with the following three-part concurrent variance*: 1) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement setback along the west property lines labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet to 0 feet; 2) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north zoning line; 3) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement setback to a 20 foot undisturbed buffer and 0 foot improvement setback along the east property lines. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 2 of 31 RZ11-14/VC11-03 R/A Z62-06 COMMUNITY DEVELOPMENT RECOMMENDATION – MAY 24, 2011 Defer to the June 28, 2011 Planning Commission to allow applicant to revise the request and site plan. COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 28, 2011 RZ11-14 – APPROVAL CONDITIONAL VC11-03 – PARTS 1 THROUGH 3 – APPROVAL CONDITIONAL VC11-03 – PART 4 - WITHDRAWAL This item was administratively deferred based on the fact that a quorum was not present for the June 28, 2011 Planning Commission meeting. Since that time, the item was re-advertised to reflect the withdrawal of Part 4 of VC11-03. COMMUNITY DEVELOPMENT RECOMMENDATION – July 26, 2011 RZ11-14 – APPROVAL CONDITIONAL VC11-03 – PARTS 1 THROUGH 3 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – JULY 26, 2011 RZ11-14 – APPROVAL CONDITIONAL VC11-03 – PARTS 1 THROUGH 3 – APPROVAL CONDITIONAL The Planning Commission conducted extensive deliberations regarding the request. The following primary issues were discussed: 1) Buffering/protection along the west property line adjacent to Pleasant Hollow Farm subdivision. The adjacent property owners within the Pleasant Hollow Farm subdivision were concerned about additional noise and light from additional parking in the rear of the existing building. 2) What types of uses would be proposed in the future and how to control them. The Planning Commission approved the attached “Alternate Conditions” requiring the applicant to come back to the City if the use changes from the current use to consider additional conditions to the property. In addition, they supported the adjacent property owners request for a planted berm along the west property line to screen the proposed parking lot. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 3 of 31 RZ11-14/VC11-03 R/A Z62-06 Location Map Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 4 of 31 RZ11-14/VC11-03 R/A Z62-06 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 5 of 31 RZ11-14/VC11-03 R/A Z62-06 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 6 of 31 RZ11-14/VC11-03 R/A Z62-06 EXISTING ZONING DISTRICTS WITH AS-BUILT IMPROVEMENTS Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 7 of 31 RZ11-14/VC11-03 R/A Z62-06 PROPOSED ZONING DISTRICT EXHIBIT WITH AS-BUILT IMPROVEMENTS REVISED SITE PLAN SUBMITTED JUNE 20, 2011 (Parcel to the west) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 8 of 31 RZ11-14/VC11-03 R/A Z62-06 REVISED SITE PLAN SUBMITTED JUNE 20, 2011 (Parcel to the west) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 9 of 31 RZ11-14/VC11-03 R/A Z62-06 TREE SURVEY Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 10 of 31 RZ11-14/VC11-03 R/A Z62-06 Topography of site Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 11 of 31 RZ11-14/VC11-03 R/A Z62-06 Aerial with topography of site Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 12 of 31 RZ11-14/VC11-03 R/A Z62-06 FRONT OF SUBJECT SITE (EXISTING BUILDING) VIEW FROM BEHIND BUILDING Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 13 of 31 RZ11-14/VC11-03 R/A Z62-06 VIEW FROM BACK OF BUILDING TOWARD THE POND VIEW FROM POND Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 14 of 31 RZ11-14/VC11-03 R/A Z62-06 VIEW ACROSS POND LOOKING NORTHEAST LOOKING FROM SUBJECT SITE TO THE WEST (PLEASANT HOLLOW FARM SUBDIVISION) Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 15 of 31 RZ11-14/VC11-03 R/A Z62-06 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 AG-1 (Agricultural) Single Family Residence 1 unit per acre N/A Further East 2 RZ11-13 O-I (Office-Institutional) Segars and Snidow, LLC 4,348 sq. ft. per. Acre Further East/North 3 AG-1 (Agricultural) The Hayfield Subdivision 1 unit per acre N/A Further East 4 AG-1 (Agricultural) Single Family Residence/Farm 1 unit per acre N/A Further East 5 RZ77-010 C-1 (Community Business) The Union Restaurant Existing structure Southeast and South 6 AG-1 (Agricultural) Scattered Single Family Residences 1 unit per acre N/A Further South 7 RZ76-86 Crabapple North Subdivision 1 unit per acre N/A Southwest 8 (None) AG-1 (Agricultural) Providence Baptist Church and Cemetery N/A West 9 AG-1 (Agricultural) Pleasant Hollow Farm Subdivision 1 unit per acre N/A Further North and Northwest 10 RZ03-159/RZ01- 060 CUP (Community Unit Plan) Triple Crown Subdivision 1 unit per acre 2,500 square feet Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 16 of 31 RZ11-14/VC11-03 R/A Z62-06 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 17 of 31 RZ11-14/VC11-03 R/A Z62-06 SUBJECT SITE: The site contains an existing 3,085 square foot building currently used as storage for a local sign company. A portion of the subject site is currently zoned C-1 (Community Business) pursuant to Z62-06 for the existing structure with .26 acre in 1962. The applicant is requesting that the existing .30 acre be rezoned from AG-1 to C-1 to bring the western portion of the existing building into a commercial zoning district. It appears that an addition was built, prior to 1993 based on aerial photography, on the existing structure that crossed over the zoning district line. The remaining .49 acre is proposed to be rezoned from AG-1 to AG-1 to provide buffering for the adjacent properties to the west and north. The total acreage for the rezoning is 1.05 acres. The site is located within the Agricultural Land Use designation on the City’s Current Future Land Use Map. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 20, Staff offers the following considerations: EXISTING COMMERCIAL BUILDING - DEVELOPMENT STANDARDS – SEC. 64-776 for C-1 (Community Business) except where indicated Front yard – For all property and lots located adjacent to public rights-of- way and 400 feet or more beyond an intersection, buildings shall be set back no more than 30 feet from the edge of the required landscape strip or easements. (Northwest Fulton Overlay District) - Inconsistent Side yard adjacent to AG-1 (Agricultural) or residential uses (east and western property lines) – Consistent See Landscape Buffer Requirements for Northwest Fulton Overlay District Sec. 64-1141(3) Rear yard adjacent to AG-1 (Agricultural) or residential uses (north property line – Consistent See Landscape Buffer Requirements for Northwest Fulton Overlay District Sec. 64-1141(3) Minimum lot frontage – 35 feet - Consistent Height - There shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave. (Northwest Fulton Overlay District) - Consistent Staff notes that the existing building is set back more than 30 feet from the required landscape strip. A condition will be written to allow the current distance to be allowable within the Northwest Fulton Overlay District based on Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 18 of 31 RZ11-14/VC11-03 R/A Z62-06 the fact that the building was constructed prior to the adoption of the Northwest Fulton Overlay District. Streetscape and Landscape Strips- Sec. 64-1141 (1)- Northwest Fulton Overlay District Front adjacent to Providence Road – 10 foot landscape strip - Consistent The site plan submitted complies with the requirements for streetscape and landscape strips of the Northwest Overlay District. Landscape Buffers – Sec. 64-1141(3) – Northwest Fulton Overlay District When non-residential uses are proposed adjacent to single family or AG-1 (Agricultural) districts for properties four acre or less, a 50 foot buffer and 10 foot improvement setback are required. The applicant is requesting the following three concurrent variances to this requirement. Part 1: To reduce the 50 foot buffer and 10 foot improvement setback along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet to 0 feet. (Sect. 64-1141(3) a.) Part 2: To reduce the 50 foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north zoning line. (Sect. 64-1141(3)a.) The adjacent property to the west described above is a single family residence zoned AG-1 (Agricultural) and undeveloped AG-1 (Agricultural) property owned by the applicant. The basis for this request to delete the 50 foot buffer and 10 foot improvement setback is to limit the increase in C-1 (Community Business) district that brings the subject site into zoning compliance. Secondly, the applicant is providing the required buffer along that portion of the west property line that measures 98 feet in length adjacent to another AG-1 (Agricultural) district developed with a single family residence within the Pleasant Hollow Farm Subdivision. During the deliberations at the Planning Commission meeting, it was suggested that a vegetated berm to be constructed within the 50 foot buffer west of the future parking lot and may be extended to encl ose the northern limits of the gravel parking area. Although Staff is in agreement that the properties to the west should be shielded from the parking lot and traffic produced from the use, Staff does not support installing a vegetated berm. This would rem ove the existing trees and growth that currently provides screening. Additional plantings are recommended to supplement the undisturbed 50 foot buffer to provide the Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 19 of 31 RZ11-14/VC11-03 R/A Z62-06 necessary screening to the adjacent properties. The following condition will be included within the .49 acre parcel of AG-1 (Agricultural): “To provide a 50 foot undisturbed buffer replanted where sparsely vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement setback along the west and north property lines within the AG-1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011”. The adjacent property to the north of the re-configured C-1 (Community Business) parcel is currently owned by the applicant and is also zoned AG-1 (Agricultural). Further to the north, which is not part of the rezoning petition, is a detention pond for the Hayfield Subdivision. The detention pond is also classified as a state water but was grandfathered based on the time of construction to a 25 foot undisturbed buffer. In addition, it appears that after the 1962 zoning an addition was constructed on the west side of the structure that resulted in the structure crossing over the C-1 (Community Business) zoning line. The existing structure located in AG-1 (Agricultural) was not known until the applicant had an as-built survey completed. The purpose of this rezoning request is to correct the non- conforming use/structure encroaching into the AG-1 (Agricultural) portion of the property. It was not unusual for properties to be subdivided without the proper administrative steps and therefore non-conforming lots/structures were sometimes created. This exceptional situation or condition was not caused by the applicant but by a previous owner. In addition, the requested concurrent variances will not cause a substantial detriment to the public good and surrounding properties as the applicant is the owner of the property directly to the west and north (the applicant is the developer of The Hayfield and its detention facility located to the north of the subject site). The proposed additional vegetation within the 50 foot undisturbed buffer as recommended by Staff will provide additional protection for the Pleasant Hollow Farms subdivision to the west. Lastly, the public safety, health and welfare are secured, and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC11-03, Parts 1 and 2. Part 3: To reduce the 50 foot buffer and 10 foot improvement setback to a 20 foot undisturbed buffer and 0 foot improvement setback along the east property lines. (Sect. 64-1141(3)a.) The adjacent property to the east is developed with a single family residence and is also owned by the applicant. There is an existing asphalt driveway located between the house and the east property line that will be removed and replanted to buffer standards to provide additional screening from the residence to the east. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 20 of 31 RZ11-14/VC11-03 R/A Z62-06 This exceptional situation or condition was not caused by the applicant but by a previous owner. In addition, the variance would not cause a substantial detriment to the public good and surrounding properties as the applicant is the developer of the adjacent subdivision and nearby properties. Lastly, the public safety, health and welfare are secured, and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC11-03, Part 3. OTHER SITE PLAN CONSIDERATIONS Parking Requirements The site plan submitted indicates a total of 15 parking spaces. The existing building is 3,085 square feet in size. Pursuant to Sec. 64-1410, Calculations, 5 spaces per 1,000 square feet are required for a commercial uses. Based on this calculation, a total of 15 spaces are required. Staff notes that the parking is located on a gravel lot which is encouraged in the Northwest Fulton Overlay District. A condition will be included to require the parking to be on gravel except for the required handicapped space. Currently there isn’t a need for the additional parking for the sign company’s use. Therefore, Staff is providing a condition that will require the property owner to install the required parking described above when a new commerical use/tenant is proposed and if additional spaces are needed. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64-2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant or animal species. Staff notes that the State waters buffer is located to the north of the subject site in the Hayfield Subdivision. ARBORIST COMMENTS There are two specimen trees in the front of the building which should not be an issue with this request. The specimen sycamore tree shown on the plan is in decay and will not be considered a specimen tree. There is a small grove of black walnut trees located behind the existing building. Though a small area, with the existing surroundings and with the small grouping Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 21 of 31 RZ11-14/VC11-03 R/A Z62-06 of walnut trees, this area should be preserved to the greatest extent possible and any walnut trees removed shall be recompensed at the same recompense calculations as required for dogwood trees. The existing back yard is nicely wooded down to the lake, and has been maintained in a very good state. Property slopes from the building to the lake. Grade change should be kept to a minimum. Staff is not in support of a proposed berm as discussed during the Planning Commission meeting along the west property line. The construction of a berm that is high enough to provide a visual buffer will remove existing trees. A condition to read as follows; “To provide a 50 foot undisturbed buffer replanted where sparsely vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement setback along the west and north property lines within the AG-1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011”. Upon a change of use, a pre-construction meeting will be required to ensure that the existing trees and their drip lines will be protected. Future issuance of a valid land disturbance permit shall indicate conformance to the provisions of these regulations. Based on the site plan submitted along with the tree survey, the City Arborist has determined that the following trees will need to be removed and has indic ated the number of replacement trees to be planted on the site when the proposed parking lot is developed. 12 pine trees removed or impacted 7 hardwoods removed or impacted (> 15” Diameter at Breast Height) (7) 2” hardwood replacements required Stand of Black Walnuts to be removed: 11” 3.2 14” 3.6 12” 3.2 14” 3.6 15” 3.6 17.2 = 25 2” caliper trees Total (32) 2” caliper trees Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 22 of 31 RZ11-14/VC11-03 R/A Z62-06 CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. DESIGN REVIEW BOARD MEETING COURTESY REVIEW – MAY 3, 2011 Buffers should be preserved, heavily planted. Work with Arborist to come up with possible alternate planting plan. PUBLIC INVOLVEMENT On April 27, 2011 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were eight members of the community in attendance. The members of the community were concerned about additional parking in the rear and trips in and out of the site if there will be a change of tenants. They were specifically concerned about additional lighting from the parking lot and lights from the cars. Public Comments – Staff has not received any correspondence regarding this development. PUBLIC PARTICIPATION REPORT The applicant conducted the required Public Participation Meeting on Wednesday, May 18, 2011 at the applicant’s existing office to the east. The applicant has submitted the Public Participation Report on June 23, 2011. It is attached at the end of this report. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The existing 3,085 square foot structure is currently being used by a sign company for storage. The primary use surrounding the property is single Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 23 of 31 RZ11-14/VC11-03 R/A Z62-06 family residential homes located on minimum one acre lots. Further to the east is the applicant’s office which was zoned from C-1 (Community Business) and AG-1 (Agricultural) to O-I (Office Institutional) pursuant to RZ11-013/VC 11-02 approved by the Mayor and City Council on June 20, 2011. There is a horse farm further to the east and The Union Restaurant zoned C-1 (Community Business) pursuant to RZ77-10. To the south are scattered single family homes on AG-1 (Agricultural) as well as minimum one acre lots further to the south in the Crabapple North Subdivision zoned R-2A (Residential ). To the southwest is the Providence Baptist Church and cemetery with the existing building which was built in 1940 prior the requirement of zoning regulations. West of the subject site is a single family residence and further to the west is the Pleasant Hollow Farms Subdivision zoned AG-1 (Agricultural) and developed with large single family residences. Based on the fact that the location of the existing structure was presumed to be entirely located within the C-1 (Community Business) parcel (Z62-06 and by enlarging the C-1 parcel to bring the structure into conformance with zoning and providing buffering, it is a suitable use for the property. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above if the recommended conditions are approved to provide buffers to the adjacent properties to the west and the north. In addition the new rezoning will contain conditions to restrict the uses permitted on the site that will further protect the adjacent and nearby properties. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use as currently zoned C-1 (Community Business) because the structure is only partially included in the commercial zone and it is out of compliance with the Zoning Ordinance. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 24 of 31 RZ11-14/VC11-03 R/A Z62-06 Based on the current and previous use of the building for commercial purposes, Staff does not anticipate a significant impact on existing streets, transportation facilities, utilities, or schools as proposed. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: Agricultural Proposed use/density: Commercial / 2,938 square feet per acre The Future Land Use Plan Map suggests Agricultural for the subject site and for properties north of Providence Road and Residential 1 unit or less for properties south of Providence Road. The Milton City Council adopted the Partial Plan Update to the City’s Comprehensive Plan on December 21, 2009. The proposed development is consistent with the following Plan Policy if developed with the recommended conditions: We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Although, the proposed zoning for C-1 (Community Business) is inconsistent with the Plan Map, the commercial zoning and associated building was approved in 1962. In addition, by rezoning the correct size parcel to C-1 (Community Business) and the remaining AG-1( Agricultural) zoning to provide buffering, the subject site will have less impact on adjacent and nearby properties. Therefore, Staff supports the approval of this request to “fix” the existing zoning district to bring the existing zoning/use into compliance with the City’s ordinances. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 25 of 31 RZ11-14/VC11-03 R/A Z62-06 The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations. CONCLUSION Although the proposed rezoning is inconsistent with Future Land Use Plan’s recommendation of Agricultural, it is Staff’s opinion that by rezoning the property to C-1 (Community Business) and AG-1 (Agricultural), this corrects the non-conforming structure/use and provides buffering to the site from adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ11-14 to rezone from C-1 (Community Business) and AG-1 (Agricultural) to C-1 (Community Development) and AG-1 (Agricultural) to allow the existing storage building for a total of 3,085 square feet and the AG-1 (Agricultural) portion remain undisturbed buffers and plant where sparsely vegetated as depicted on the site plan. It is also Staff’s opinion that Parts 1 through 3 of VC11-03 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 26 of 31 RZ11-14/VC11-03 R/A Z62-06 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and accessory uses on .56 acre of 3,085 square feet or 2,938 square feet per acre zoned, whichever is less, but excluding, gas stations and associated gas pumps, convenient stores, service stations, restaurants, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment use permit standards as defined in Chapter 64, Article IX., Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, fortune tellers billboards, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, stand alone parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) or O-I (Office-Institutional) zoning district other than church or cemetery use. Above described acreage shall be zoned C-1 (Community Business) Conditional. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 27 of 31 RZ11-14/VC11-03 R/A Z62-06 b) Agricultural (AG-1) located on .49 acre within the overall 1.05 acre tract as depicted with undisturbed buffers as illustrated on the revised site plan submitted on June 20, 2011. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 20, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) No more than one entrance/exit onto Providence Road b) Parking areas shall be gravel except for the required handicapped space. c) To delete the 50 foot buffer and 10 foot improvement setback to 0 feet along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet. (VC11-03, Part 1) d) To delete the 50-foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north zoning line. (VC11-03, Part 2) e) To provide a 20 foot undisturbed buffer replanted where sparsely vegetated and 0 foot improvement setback along the east property lines. (VC11-03, Part 3) f) To provide a 50 foot undisturbed buffer replanted where sparsely vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement setback along the west and north property lines within the AG-1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011. g) To develop the parking lot as depicted on the revised site plan submitted on June 20, upon any change of use within the building if necessary. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 28 of 31 RZ11-14/VC11-03 R/A Z62-06 h) To allow the existing building to remain as shown on the revised site plan submitted on June 20, 2011. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be recons tructed to meet such criteria if required by City of Milton Public Works Department. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 29 of 31 RZ11-14/VC11-03 R/A Z62-06 ALTERNATE CONDITIONS If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 5) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and accessory uses on .56 acre of 3,085 square feet or 2,938 square feet per acre zoned, whichever is less, but excluding, gas stations and associated gas pumps, convenient stores, service stations, restaurants, commercial amusements, liquor sales and package stores, motels, hotel s, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment use permit standards as defined in Chapter 64, Article IX., Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may incl ude less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, fortune tellers billboards, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, stand alone parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) or O-I (Office-Institutional) zoning district other than church or cemetery use. Above described acreage shall be zoned C-1 (Community Business) Conditional. b) Agricultural (AG-1) located on .49 acre within the overall 1.05 acre tract as depicted with undisturbed buffers on the revised site plan submitted on June 20, 2011. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 30 of 31 RZ11-14/VC11-03 R/A Z62-06 6) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 20, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 7) To the owner’s agreement to the following site development considerations: a) No more than one entrance/exit onto Providence Road b) Parking areas shall be gravel except for the required handicapped space. c) To delete the 50 foot buffer and 10 foot improvement setback to 0 feet along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet. (VC11-03, Part 1) d) To delete the 50-foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north property line. (VC11-03, Part 2) e) To provide a 20 foot undisturbed buffer and 0 foot improvement setback along the east property lines. (VC11-03, Part 3) f) To provide a 50 foot undisturbed buffer and 10 foot improvement setback along the west property line with a berm and additional vegetation provided that the berm can be constructed without disturbing existing vegetation and a 50 foot undisturbed buffer and 10 foot improvement setback along the north property lines within the AG-1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011. g) To develop the parking lot as depicted on the revised site plan submitted on June 20, upon any change of use within the building if necessary. Prepared by the Community Development Department for the Mayor and City Council Meeting on August 15, 2011 *Based upon the Revised Site Plan submitted on June 20, 2011 and Revised Letter of Intent submitted July 26, 2011. 8/8/2011 Page 31 of 31 RZ11-14/VC11-03 R/A Z62-06 h) To allow the existing building to remain as shown on the revised site plan submitted on June 20, 2011. i) In the event that the current use of the property is changed, the City would be given the opportunity to consider additional conditions of a changed use. 8) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be recons tructed to meet such criteria if required by City of Milton Public Works Department. ORDINANCE NO._______ PETITION NO. RZ11-14/VC11-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1 (AGRICULTURAL) TO C-1 (COMMUNITY BUSINESS) AND AG-1 (AGRICULTURAL) FOR AN EXISTING COMMERICAL BLOCK BUILDING LOCATED AT 14375 PROVIDENCE ROAD HAVING A FRONTAGE OF 99.55 FEET (22-4120-0845-038-0) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 15, 2011 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 14375 Providence Road with frontage of 99.55 feet, consisting of a total of approximately 1.05 acres as described in the attached legal description, be rezoned to the C-1 (Community Business) and AG-1 (Agricultural) Districts with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the C-1 (Community Business) and AG-1 (Agricultural) zonings listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Divisions 2 and18 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of August, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS RZ11-14/VC11-03 If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. a) Retail, service commercial and accessory uses on .56 acre of 3,085 square feet or 2,938 square feet per acre zoned, whichever is less, but excluding, gas stations and associated gas pumps, convenient stores, service stations, restaurants, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment use permit standards as defined in Chapter 64, Article IX., Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, fortune tellers billboards, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, stand alone parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) or O-I (Office- Institutional) zoning district other than church or cemetery use. Above described acreage shall be zoned C-1 (Community Business) Conditional. b) Agricultural (AG-1) located on .49 acre within the overall 1.05 acre tract as depicted with undisturbed buffers as illustrated on the revised site plan submitted on June 20, 2011. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 20, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuanc e of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) No more than one entrance/exit onto Providence Road b) Parking areas shall be gravel except for the required handicapped space. c) To delete the 50 foot buffer and 10 foot improvement setback to 0 feet along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet. (VC11-03, Part 1) d) To delete the 50-foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north zoning line. (VC11-03, Part 2) e) To provide a 20 foot undisturbed buffer replanted where sparsely vegetated and 0 foot improvement setback along the east property lines. (VC11-03, Part 3) f) To provide a 50 foot undisturbed buffer replanted where sparsely vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement setback along the west and north property lines within the AG -1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011. g) To develop the parking lot as depicted on the revised site plan submitted on June 20, upon any change of use within the building if necessary. h) To allow the existing building to remain as shown on the revised site plan submitted on June 20, 2011. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria if required by City of Milton Public Works Department. Revised Site Plan Submitted June 20, 2011 (west parcel) �r City of Milton PUBLIC PARTICIPATION PLAN REPORT FORM E Applicant: Segars & Snidaa, LLC Petition No. RZ 11-14 Date: 6/23/11 VC 11-03 i. The following parties were notified of the requested rezoning/use permit: All of those parties listed on Exhibit A to Form D of the zoning application. 2. The following meetings were held regarding this petition: (Include the date, time and meeting location) Meeting with interested neighbors at Segars & Snidav's office on May 18, 2011. Also C21M meeting as scheduled by city. 3. The following issues and concerns were expressed: Lighting at rear of property. Addtional C&I stucture behind commercial building. Ronoval of buffers and trees. 4. The applicant's response to issues and concerns was as follows: Applicant remved addtional 0&I stucture from plan and relocated parking close to existing carmercial building. 5. Applicants are required to attach copies of sign -in sheets from meetings as well as meeting announcements, i.e., notices, fiyets, letters, and any other documentation which supports the opportunity for public input. Attach additional sheets as needed. City of Milton - 13000 Deerfield Parkway, Suite 1070 -Milton, GA 30004 - 678-242-2500 - www.cityofmiltonga.us Rezoning Application Page 13 All A770 - CSS -X41 oit%E AD !/ill �caS'�� Gy6= ear �"tl .,��f�}4!� . !�, li�f ��U-jlf✓;� �CB�(UW ✓lUl '_5�1(��� r � ��m-'1-�74q���,�,,_' -��V1ffA_. _Vo�I�n�Ph�rrnl�eeh,. [o, Aj City of Milton COMMUNITY ZONING INFORMATION MEETING - SIGN IN SHEET- April 27, 2011 1\Z11-131 VC 11-02 And RZ11 W 14/VC11-Q3 14355 Providence Road and 14375 Providence Road Name Contact Info �N Page 1 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 PETITION NUMBER(S): ZM11-02 PROPERTY INFORMATION ADDRESS 170 Cox Road DISTRICT, LAND LOT 2/2, 1092 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING U86-065 – Use Permit for Recreational Fields ACRES 8.133 EXISTING USE 3 large recreational fields, 1,950 square foot club house, 2,500 square foot storage building including restroom facilities. APPLICANT Wall to Wall Soccer Centers / Jon Conway 1052 Dogwood Forest Drive Marietta, GA 30068 770-876-0917 OWNER Suntrust Bank Trustee for the Will of George Baker PO Box 4655, MC 252 Atlanta, GA 30302 REPRESENTATIVE Metro Group Development, Mark Gottlieb 595 West Crossville Road Roswell, GA 30075-2561 (770) 641-1671 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM11-02 – APPROVAL CONDITIONAL OF CONDITIONS 1.a., 2.a., 3.g. as requested. INTENT To modify condition 1.a. as follows (U86-65): Two recreational soccer fields, six mini-soccer fields, a 1,950 square foot clubhouse and a 2,500 square foot storage building including restroom facilities. To modify Condition 2.a. as follows (U86-65): To modify the site plan with a revised site plan submitted to the Community Development Department on July 5, 2011. To modify Condition 3.g.as follows (U86-65): Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 32 square feet per face and further not to exceed 6 feet from finished grade measured from the base of the sign structure. Page 2 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 LOCATION MAP Page 3 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 SITE PLAN SUBMITTED MAY 5, 1986 – U86-065 Page 4 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 SITE PLAN SUBMITTED JULY 5, 2011 – Existing Conditions Page 5 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 SITE PLAN SUBMITTED JULY 5, 2011 – Proposed Plan Page 6 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 Current condition of site with existing fields (smaller field near buildings) “Exhibit A” Page 7 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 Page 8 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 SUBJECT SITE The subject site is currently zoned AG-1 (Agricultural) with a use permit for recreational fields pursuant to U86-065 approved by the Fulton County Board of Commissioners for three (3) recreational fields, a 1,950 square foot clubhouse and a 2,500 square foot storage building including restroom facilities. The approved conditions includes exterior illumination on the site not to exceed 1.2 foot candles on any property line adjacent to a residential use or zoning district, nor will the light source be directly visible from adjoining residential properties. According to the applicant’s letter of intent, the existing clubhouse and storage building will be preserved and renovated as well as two soccer fields with natural turf (the site plan does not indicate the second field located south of the buildings but an aerial picture labeled Exhibit A indicates the existing field). The applicant is proposing to develop six “mini” soccer fields that have semi-permanent half walls around each mini-field. These can be removed for required maintenance of the proposed artificial turf. The site plan indicates on the subject site a total of 96 parking spaces that are currently developed on gravel. The use permit approved in 1986 required parking islands which are currently developed on the site. The previous occupants of the recreational fields utilized the parking located on the Porter School to provide overflow parking for the site when necessary. The applicant has received a letter of permission from the Porter School which is located to the west within the City of Roswell to utilize their parking lot during the evenings and weekends through an existing driveway that adjoins the subject site. This provides an additional 46 parking spaces for a total of 142 spaces to be utilized by the site. The City of Milton Zoning Ordinance requires 50 parking spaces per field. The six mini-fields are within the area of a regular field, Staff is calculating a total of three fields that require a total of 150 parking spaces. The applicant stated that the operation of the mini-fields does not increase the number of players using a standard size field. This is based on the fact that youth soccer teams, especially younger ages do not utilize a standard field but they are “divided up” by cones to create smaller fields for practice and games. An administrative variance can be requested to reduce the number of parking spaces up to 10 percent of the total. The applicant has applied for the administrative variance to reduce the required number of parking spaces and therefore will be in compliance with the parking requirement for the use if the administrative variance is approved. The existing detention facility is located in the southwest corner of the parcel. Staff notes that any change in surface run-off due to the addition of artificial turf will be addressed before the issuance of a Land Disturbance Permit. In addition, there will be no trees disturbed on the site. Page 9 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 COMMUNITY ZONING INFORMATION MEETING – July 27, 2011 There was one person who attended the meeting that was associated with a local engineering firm and not directly affected by the request. STAFF ANALYSIS Existing Condition 1.a.: Three (3) recreational soccer fields, a 1,950 square foot clubhouse and a 2,500 square foot storage building including restroom facilities for a period of 10 years, after which a renewal may be requested. Proposed Condition 1.a.: Two recreational soccer fields, six mini-soccer fields, a 1,950 square foot clubhouse and a 2,500 square foot storage building including restroom facilities. The applicant is proposing to divide one of the soccer fields into six mini-soccer fields and to delete the portion of condition 1.a. that states a renewal may be requested afte r 10 years. The purpose of the modification is to change the types of fields that will be developed on the site. The applicant stated that regarding the operation of the fields, there will be no more players utilizing the fields than previously. Please see the applicant’s two page analysis at the end of the report. This is based on the fact that youth soccer teams, especially younger ages do not utilize a full field but they are “divided up” by cones to create smaller fields for practice and games. The construction of the walls provide a more permanent and convenient use of the fields. Therefore, Staff supports the change in the number and types of soccer fields for the subject site. Secondly, based on the existing zoning records, there have not been additional requests for renewals of the use permit since the original request in 1986. This requirement for renewal is not required for use permits of this type. Therefore, Staff supports the applicant’s request for the renewal provision to be deleted and recommends APPROVAL CONDITIONAL of Condition 1.a. EXISTING Condition 2a.: To the Site Plan received by the Zoning Department on May 5, 1986 and to submit to the Director of Public Works for his approval prior to the approval of a Land Disturbance Permit, a revised Site Plan based on a certified boundary s urvey of the property, incorporating the stipulations of these conditions of zoning approval and meeting or exceeding the requirements of the Zoning Resolution. PROPOSED Condition 2a.: To modify the site plan with a revised site plan and Exhibit “A” referencing aerial photo submitted to the Community Development Department on July 5, 2011. The applicant has submitted a revised site plan to the City of Milton Community Development Department on July 5, 2011 to replace the existing site plan submitted on May 5, 1986 pursuant to U86-065 for the recreational soccer fields. As mentioned above, the applicant is replacing the standard sized field with six mini-soccer fields with half walls that Page 10 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 are semi-permanent to allow occasional maintenance of the artificial turf. Although the soccer field that is located closest to the building is not depicted which is natural turf, it does exist in aerial photographs and will also be utilized by the applicant for a warm up/practice field. Staff notes that there is existing lighting on the site. The revised site plan also indicates additional lighting around the newly created mini-soccer fields. These lights shall meet or exceed the City of Milton’s Night Sky Ordinance as set forth in the Special Uses of the Ordinance indicated in Section 64-189. The revised site plan indicates existing parking on the site. Staff notes that some of the parking is located in front of the building which is inconsistent with the Northwest Fulton Overlay district but permitted based on the fact that it was developed prior to the adoption of the Overlay district. The site plan indicates compliance with the existing conditions and the Zoning Ordinance where applicable with exception to a request for an administrative variance for the parking reduction. Additionally, the proposed use is consistent with the original request for the special use permit for recreational soccer fields. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 2.a. for the revised site plan submitted on July 5, 2011 and Exhibit “A” referencing aerial photo. Existing Condition 3.g.: Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 20 square feet of surface area per face and further not to exceed a height of 4 feet from finished grade measured from the base of the sign structure. Proposed Condition 3.g.: Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 32 square feet per face and further not to exceed 6 feet from finished grade measured from the base of the sign structure. Pursuant to U86-065, a condition was approved for the double faced free-standing sign not to exceed 20 square feet of area and not to exceed four feet from the finished grade. The existing signage permitted within the Northwest Fulton Overlay District is 32 square feet per face and six feet from finished grade. The applicant is requesting that the condition be replaced with the current permitted sign area and height within the Northwest Fulton Overlay District. The larger sign will not be in addition to the existing sign, but intended as a replacement. Staff notes that only one sign will be permitted on the site even though the parcel fronts on two streets. It is Staff’s opinion that by approving the revised condition, it would allow the applicant to utilize the existing approved size and height for signage for the Northwest Fulton Overlay District. Therefore, Staff recommends APPROVAL CONDITIONAL of Condition 3.g. as requested. Page 11 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 Page 12 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 Page 13 of 13 Prepared by the Community Development Department for the Mayor and City Council Meeting August 15, 2011 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (U86-065) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: a. Two recreational soccer fields, six mini-soccer fields, a 1,950 square foot clubhouse and a 2,500 square foot storage building including restroom facilities. 2. To the owner's agreement to abide by the following: a. To modify the site plan with a revised site plan and “Exhibit A” referencing aerial photo submitted to the Community Development Department on July 5, 2011. 3. To the owner’s agreement to the following site development considerations: g. Limit the free-standing project identification signage on the entire property to no more than one unlighted, double-faced monument sign adjacent to Arnold Mill Road or Cox Road, having no more than 32 square feet per face and further not to exceed 6 feet from finished grade measured from the base of the sign structure. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Mayor and City Council From: Tom Wilson, Interim Community Development Director Date: August 2, 2011, for Submission onto the August 15, 2011 City Council Meeting (Work Session August 8, 2011) Agenda Item: RZ11-15 - To amend Chapter 64, Article VII, Division 5 as it pertains to Outdoor Amenity Areas (State Route 9 Overlay District, Section 64-1089) CMO (City Manager’s Office) Recommendation: To approve the recommended amendments of Chapter 64, City of Milton Zoning Ordinance as it pertains to Outdoor Amenity Areas (Section 64-1089). Background: The Mayor and City Council recently approved amendments to the State Route 9 Overlay District at its April 25, 2011 City Council meeting with exception to Section 64-1089. The Planning Commission reviewed and made recommendations to the amendment. They recommended that Section 64-1089, Outdoor Amenity Areas be further studied to provide more specific requirements. Discussion: As recommended by the Planning Commission and City Council, Staff researched other jurisdictions with amenity areas required by ordinance. Staff’s recommended text amendment proposes to require all commercial or mixed use developments greater than 25,000 gross square feet to provide amenity areas based on their size of development ranging from five (5) percent to fifteen (15) percent of the gross land area. All outdoor amenity areas will be required to be maintained by the developer/owner. At the July 26, 2011 Planning Commission meeting additional edits were made to the text amendment to require a flat 10 percent of the gross building size of the commercial use over 25,000 gross square feet to be developed as an outdoor amenity area of which a minimum of 50 percent of it must be contiguous. For example, if it was a 100,000 gross square foot building area, 10 percent would equal 10,000 square feet to be developed as an outdoor amenity area, of which 5,000 square feet is required to be contiguous. Where possible, connectivity with adjacent developments would be required to be developed. The attached text amendment is shown with redlines indicating the changes recommended by the Planning Commission. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Alternatives: The Council may allow the ordinances to remain as proposed or make other amendments to the proposed revisions. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney Page 1 of 2 RZ11-15 Text Amendment to the State Route 9 Overlay District prepared for the Mayor and City Council Meeting on August 15, 2011. Sec 64-1089 – Outdoor Amenity Areas (a) All commercial or mixed use developments where commercial use is greater than 25,000 gross square feet shall provide outdoor amenity areas. Developments shall provide a minimum of 10 percent of the gross land area devoted to commercial use as outdoor amenity area of which 50 percent must be contiguous. based on size of development within the legal description of the zoning district as follows: (1) 25,000 sq. ft. to 50,000 sq. ft. gross building area shall provide 5 percent of the gross land area for amenity area(s) (2) 50,001 sq.ft. to 100,000 sq. ft. gross building area shall provide 7 percent of the gross land area for amenity areas(s) (3) 100,001 sq. ft to 200,000 sq.ft. gross building area shall provide 10 percent of the gross land area for amenity area(s) (4) 200,001+ sq.ft. shall provide 15 percent of land area for amenity area(s). Examples of outdoor amenity areas include but are not limited to pocket parks, plazas, fountains, public art, and walking and recreational trails. ThisOutdoor amenity areas shall not include parking lot islands or landscape strips. Detention ponds, bio –swales and similar storm water management facilities may be included as the outdoor amenity area as if approved by the City of Milton Design Review Board. The outdoor amenity areas shall be maintained by the developer/owner in clean, safe and working order. (b) All outdoor amenity areas shall be accessible to the public and where appropriate to adjacent properties, connectivity shall be provided. Any street furniture, benches, trash receptacles or pedestrian street lights installed in an outdoor amenity area must be of a type indicated below or similar as approved by the City of Milton Design Review Board. (1) benches – Victor Stanley Classic Series CR-138 in black with no center arm rest. (2) trash receptacles – Victor Stanley D-35 in black. (3) pedestrian street light - Philips Lumec Domus Series Page 2 of 2 RZ11-15 Text Amendment to the State Route 9 Overlay District prepared for the Mayor and City Council Meeting on August 15, 2011. Victor Stanley Classic series CR-138 bench and Victor Stanley D-35 trash receptacle Philips Lumec Domus Series Pedestrian light Page 1 of 1 RZ11-15 Text Amendment to the State Route 9 Overlay District prepared for the Mayor and City Council Meeting on August 15, 2011. Sec 64-1089 – Outdoor Amenity Areas (a) All commercial or mixed use developments where commercial use is greater than 25,000 gross square feet shall provide outdoor amenity areas. Developments shall provide a minimum of 10 percent of the gross land area devoted to commercial use as outdoor amenity area of which 50 percent must be contiguous. Examples of outdoor amenity areas include but are not limited to pocket parks, plazas, fountains, public art, and walking and recreational trails. Outdoor amenity areas shall not include parking lot islands or landscape strips. Detention ponds, bio –swales and similar storm water management facilities may be included as the outdoor amenity area if approved by the City of Milton Design Review Board. The outdoor amenity areas shall be maintained by the developer/owner in clean, safe and working order. (b) All outdoor amenity areas shall be accessible to the public and where appropriate to adjacent properties, connectivity shall be provided. Any street furniture, benches, trash receptacles or pedestrian street lights installed in an outdoor amenity area must be of a type indicated below or similar as approved by the City of Milton Design Review Board. (1) benches – Victor Stanley Classic Series CR-138 in black with no center arm rest. (2) trash receptacles – Victor Stanley D-35 in black. (3) pedestrian street light - Philips Lumec Domus Series Victor Stanley Classic series CR-138 bench and Victor Stanley D-35 trash receptacle Philips Lumec Domus Series Pedestrian light STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-15 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE VII, DIVISION 5 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE STATE ROUTE 9 OVERLAY DISTRICT AS IT PERTAINS TO OUTDOOR AMENITY AREAS (SEC 64-1089) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 15, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VII, Division 5 (The State Route 9 Overlay District) as it pertains to outdoor amenity areas (Sec 64-1089), is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of August, 2011 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-15 Sec 64-1089 – Outdoor Amenity Areas (a) All commercial or mixed use developments where commercial use is greater than 25,000 gross square feet shall provide outdoor amenity areas. Developments shall provide a minimum of 10 percent of the gross land area devoted to commercial use as outdoor amenity area of which 50 percent must be contiguous. Examples of outdoor amenity areas include but are not limited to pocket parks, plazas, fountains, public art, and walking and recreational trails. Outdoor amenity areas shall not include parking lot islands or landscape strips. Detention ponds, bio –swales and similar storm water management facilities may be included as the outdoor amenity area if approved by the City of Milton Design Review Board. The outdoor amenity areas shall be maintained by the developer/owner in clean, safe and working order. (b) All outdoor amenity areas shall be accessible to the public and where appropriate to adjacent properties, connectivity shall be provided. Any street furniture, benches, trash receptacles or pedestrian street lights installed in an outdoor amenity area must be of a type indicated below or similar as approved by the City of Milton Design Review Board. (1) benches – Victor Stanley Classic Series CR-138 in black with no center arm rest. (2) trash receptacles – Victor Stanley D-35 in black. (3) pedestrian street light - Philips Lumec Domus Series Victor Stanley Classic series CR-138 bench and Victor Stanley D-35 trash receptacle Philips Lumec Domus Series Pedestrian light Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO FIX THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2011; AND FOR OTHER PURPOSES. WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the City Council has properly given notice, and held one public hearing on August 15, 2011 at 6:00 p.m. for the purpose of receiving relevant evidence, testimony and public comment concerning the proposed millage rate for ad valorem property taxes; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2011 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. Page 2 of 2 SECTION IV: All ordinances and parts of ordinances in conflict herewith are hereby repealed. ORDAINED this the 15th day of August, 2011. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal)