HomeMy WebLinkAboutMinutes CC - 09/13/2010 - 09-13-10 W.S. Mins (Migrated from Optiview) (2)Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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4W." This summary is provided as a convenience and service to the public, media, and staff. It is not the
intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice.
Public comments are noted and heard by Council, but not quoted. This document includes limited
presentation by Council and invited speakers in summary form. This is an official record of the Milton
City Council Meeting proceedings. Official Meetings are audio recorded.
The Work Session of the Mayor and Council of the City of Milton was held on September 13, 2010
at 6:00 PM, Mayor Lockwood presiding.
Council Members Present: Councilmember Thurman, Councilmember Julie Zahner Bailey,
Councilmember Bill Lusk, Councilmember Joe Longoria, Councilmember Alan Tart.
Council Members Absent: Councilmember Hewitt.
Mayor Lockwood:
• Work Sessions are an informal setting to update Council on business items.
• No votes will be taken during these sessions.
• There are four (4) items on our Agenda tonight.
• Public comment is allowed that is germane to an Agenda Item.
• If you wish to speak you are required to fill out a comment card and turn it into the City Clerk
staff.
• Public comment will be allowed for a total of 10 minutes per agenda item and no more than 2
minutes per person.
• Public comment will be heard at the beginning of each Item.
• Once the item is called, no other comment cards will be accepted.
City Clerk Gordon read Agenda Item #1.
Discussion on Proposed Approval to Amend (RZ10-04) the City of Milton Zoning
Ordinance to Create a Required Distance for Convenience Stores and Service Stations
from Residential Uses Zoning Districts within the Northwest Fulton Overlay and State
Route 9 Overlay Districts (Chapter 64 Division 5 and Chapter 64 Division 6).
(Presented by Robyn McDonald, City Planner)
Chris Lagerbloom:
• This was an item that was deferred from a prior work session.
• It went through the process but did not go through a work session.
• We will discuss it tonight, and decide next week if we are in opposition or support.
Robyn McDonald:
• We looked at surrounding jurisdictions and setbacks from Roswell, Cherokee, Snellville, and
Forsyth.
• We saw two ways to handle it.
One is use permits and a second would be overlay district requirements.
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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• It is staff's opinion that for the City of Milton adding a distance requirement to the overlay %No
districts State Route 9 and Northwest Fulton which would cover the entire city would be the best
way to enforce distance requirements.
• One jurisdiction is different from another and the same restrictions may result in unintended
consequences.
• Staff has made the following an
regarding convenience stores and service stations.
• Our current definition for convenience stores requires a variety of household goods and
dispensing of motor fuels.
• It does not include vehicle maintenance or repair.
• Convenience stores and service stations are permitted within C1, C2, MIA, M1, and M2.
• There are no M2 or M 1 A zoning in the City of Milton.
• There are approximately 11 acres of M1 most of which are developed with other buildings.
• Staff notes that sites on four acres or less there is a 50ft wide undisturbed buffer and a loft
improvement setback shall be located adjacent to all AGI zoning districts and all property zones
used for residential uses.
• Sites larger than four acres need a 75ft wide undisturbed buffer and a loft improvement setback
shall be located adjacent to all AGI zoning districts and all property zoning used for residential
uses.
• These are the current requirements for commercial or non residential uses.
• Historically, the majority of parcels commercially rezoned in the 1980's and 90's with
conditional zoning excluded service stations and also convenient stores with gas pumps after the
1990's.
• Milton has excluded convenient stores with gas pumps when there have been any requests of no
residential zoning since 2006.
• Staff s opinion to be consistent and to predict future development, the setback shall be measured
from the subject property line to the adjacent property line.
• Parcels that are zoned MIX (mixed use) that are located adjacent to a proposed convenient store
shall be measured to the location of the sole residential use.
• Typically the non residential portion of the mix will have a separate ownership from the
residential portion.
• There may be instances where a residential and non residential use is within one building in
Crabapple.
• In this situation, these types of mixed uses would be considered residential.
• The first map illustrates the parcels that are currently permitted for a gas station or convenience
store.
• Many of these parcels in reality are already too small for development.
• Implementing the overlay buffers would further restrict their ability to be developed.
• The second map illustrates the available parcels that meet the 100ft set back for all nonresidential
and agricultural uses.
• This requirement will eliminate all but six parcels that could be developed as gas stations and
service stations.
• Five of the parcels are located in the Wal-Mart shopping center. „M,,,
• The six parcels located at the southern most part of the City along the north side of state route 9
adjacent to the city limits of Alpharetta.
• It is close to the 100ft requirement.
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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... • The Planning Commission unanimously recommended that the proposed text amendment be
approved with adding "separation from other uses" as a new subsection of 64-1145 in the
Northwest Fulton overlay section and inserting the new language "under separation from other
uses instead of setbacks".
• This change is reflected in the text amendment that is in your packet for next week.
• Our recommendation is that all convenience stores and service stations should be located a
minimum of 100ft from the subject property line or any agricultural or residentially zoned
district within the State Route 9 and northwest Fulton overlay.
• Staff notes that the northwest Fulton overlay district also dictates the development standards for
the Crabapple and Birmingham Crossroads overlay districts where these are silent.
• The Mayor and City Council may request measurements from proposed buildings and accessory
structures.
• If the Council prefers to include the distance requirement for only the Northwest Fulton overlay
district, more parcels will be permitted to be developed as convenient stores or service stations in
the state route 9 overlay district but eliminate the unconditional C 1 parcel.
Councilmember Lusk:
• Is the distance from the actual structure to the property line?
•�•. Robyn McDonald:
• No, it is from the property line.
Councilmember Thurman:
• Why is staff recommending the 100ft when it is not standard?
Robyn McDonald:
• We cannot take what other people do, but we have to look at what is appropriate for our district.
• We are trying to separate the residential from the gas station.
• In Cherokee County they require 400ft.
• It is difficult to determine where they will put the station.
Mayor Lockwood:
• The gas station that was before us recently will not be impacted because it has already been
submitted.
• I think 100 feet sounds appropriate.
• Effectively, I think if we pass this we are really allowing one convenience store in the City of
Milton.
• 1 don't want to see gas stations everywhere, but I don't think it's right to eliminate the industry
from the City.
'^m Councilmember Longoria:
• Safety is my concern.
low • What is apparent to me is that there is no concept of where a commercial property could be
located with regards of residential property.
0 I thought that was a mistake.
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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• I would be interested in seeing this move forward is because it helps provide the safety for our wea t
citizens.
• 1 think it's a good thing.
Councilmember Tart:
• I would agree with Councilmember Longoria.
• I think we should move forward because we have a large number of parcels that could be
potentially developed as a convenience store in close proximity to residential.
• 1 would be in favor of moving forward.
Councilmember Thurman:
• I think if safety is our issue, this doesn't take care of it.
• Property line to property line is just a guide.
• We talk about wanting to be business friendly and this is going to make sure that we have no
more gas stations in the City.
• As it is currently written, I could not support it from property line to property line.
• If we're doing it for safety reasons, you do it from where the gas station is physically located.
Councilmember Zahner Bailey:
• I think I heard Robyn mention that in Cherokee they do use another measurement approach but
the distance is greater than I00ft.
• 1 think we need to be clear that 100ft would apply if we were to change the measurement '
property to property.
• Two things that are issues for me are safety and an appropriate buffer for high intensity uses next
to residential.
• To do nothing, would not suit our citizens.
Councilmember Lusk:
• If we applied these standards to 140ft, how do they apply to contiguous residential areas in the
City of Roswell?
Robyn McDonald:
• It is out of our jurisdiction.
Mayor Lockwood:
• I'm having a hard time with saying this is for safety concerns.
Councilmember Longoria:
• I am interested in the change to this ordinance because we had citizens come in and express their
opinion that they felt that they were out of control of what happens in their city.
• In 75 feet they were going to be waking up to looking at a service station.
• I looked at this issue and wanted to make sure we had a buffer area.
• I think it is a good thing to talk about this to help the citizens.
Mayor Lockwood:
0 If we change the rules with the 100ft, we go from having several locations to no locations.
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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...,, • I feel like we are making a rule to block convenience stores out completely.
• I have no desire to have any more convenience stores in Milton.
• If residents want it and it's zoned properly then they can do it.
• If we take this 100ft rule, we are limiting anyone being able to build. How would that be looked
at legally?
Ken Jarrard:
• There are these types of issues in the adult entertainment department.
• There is no constitutional issue of having a service station in these areas.
• This will be more of a policy issue.
• As long as it is rational and reasonable and non abusive, you have the right to this plan.
• In this context, you can do this.
Councilmember Tart:
• I think we do need to look at this map more closely.
• Most of this map has been eliminated if we brought these rules into effect.
Chris Lagerbloom:
• This has to move forward to a regular council meeting.
Councilmember Zahner Bailey:
• The planning commission supports us unanimously for this proceeding.
• We need to make a policy where it makes it clear where certain uses are appropriate and where
they are not.
• Staff has put forward some sound rationale for the property line to property line is reasonable.
• If we want to establish a policy that says when it is appropriate next to an immediately adjacent
property to residents, we should do so.
• There are certain uses that residents believe are not appropriate next to their homes.
Mayor Lockwood:
• I wouldn't support a convenience store in each red area.
Councilmember Thurman:
• On the map where the red interior dots are very small, I would like to see if these dots are big
enough to even possibly hold a gas station with our current setbacks.
Interim City Clerk Gordon read Agenda Item Q.
2. Discussion on A Proposed Ordinance to Amend Chapter 58, Utilities, of the City of
Milton Code of Ordinances to Establish Commercial Car Wash Water Recycling
Requirements; to Repeal Conflicting Provisions; to Provide for Severability; to Provide
for an Effective Date; and for Other Purposes.
(Presented by Ken Jarrard, City Attorney)
Ken Jarrard:
• We have to put this ordinance in place because the state law says we have to.
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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• There isn't much more to it. You all have information in front of you from the Metro and
Northern Georgia and Water Planning District.
• They have jurisdiction over Fulton County.
• The water management plan says new car washes are required to recycle water.
• We have included our proposed ordinance in that packet of information.
• It would come into effect on January 1 St of 2011.
Councilmember Zahner Bailey:
• Is there any reason to do it any sooner than January lst�
City Attorney Ken Jarrard:
• No, there is not.
• We are trying to be compliant with the requirements.
• There is no option; we are required to do this.
Councilmember Lusk:
• Do we have any in Milton that already are recycling?
• If one business that doesn't currently comply is sold, does the new owner have to make it be
recycled?
Chris Lagerbloom:
• We have two in Milton that recycle the water currently.
City Attorney Ken Jarrard:
• The grandfathered station would be transferred to the new owner.
Interim City Clerk Gordon read Agenda Item #3.
3. Discussion of Revision to Road Abandonment Law and Milton's Road Privatization
Policy.
(Presented by Ken Jarrard, City Attorney)
City Attorney Ken Jarrard:
• We had dialogue about this a year ago.
• At that time, we received information that there may be a change in the law.
• There has been a change in the law.
• They have made modifications to the law stating when and upon what circumstances when it is
okay to abandon parts of their road systems.
• In front of you is the language to this ordinance.
• On C, you will see that the language says that a city may abandon a portion of their street system
upon two findings.
1.) The portion of the City street has ceased to be used by the public. We have discussed this
intensively last year.
2.) The removal from the municipal street system is in the City's best interest.
9 This is a significant change in the law.
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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• It does not require a finding that there is a discontinuation of the use of the street prior to
abandonment.
• In the situation where you act in the public interest, if you exercise the discretion in good faith
your determination will not be overwritten.
• You would be judged upon this review of the road.
• Did you act in the best interest of the citizens of Milton?
• If the road is privatized, the City has to abandon it first.
• If the road serves a public interest, how can we abandon it?
• We no longer have to have 100% participation and we have to keep the prioritization policy in
the City of Milton safe.
• This is all advice different from what you had last year because of the changed law.
Mayor Lockwood:
• How does this effect, based on the new law, Crooked Creek given our previous discussions of
this area?
Ken Jarrard:
• I never felt comfortable saying that the road was met and no longer served.
• There is still a privatization policy problem.
'"'" • This still may make good sense but there is flexibility to change this.
Councilmember Thurman:
• Are we looking to see if we want to change this policy?
Chris Lagerbloom:
• We are looking to see if we want to change the policy.
• If we don't, then this is a short discussion.
• If there is an interest in changing it, I would like to get an eye level as to what it should be.
• We don't have to pick a percentage tonight.
• We just need framework to bring something back.
Mayor Lockwood:
• Were we provided with policies from other Cities?
• I would be open to looking at a policy change.
• I would like to see what some other reasonable policies are.
Councilmember Thurman:
• Personally, I don't believe a 100% policy is reasonable.
• I live in a gated subdivision and we could not get 100% of residents to agree on anything.
• It needs to be more than 51 %, but less than 100%
AMM • 75% seems more reasonable.
ice,,„ Councilmember Zahner Bailey:
• I would support looking into what other jurisdictions do.
• I would like to see what other jurisdictions have done historically about the percentage for
privatization.
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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• How does potential privatization work when it goes from a large subdivision to a gravel road? %mow
• I hope we would look at road type.
• Is it a vote of the HOA?
• How do we handle the valuation when we start looking at abandonment?
Ken Jarrard:
• I would suspect that a lot of jurisdictions have not even looked at this yet.
• State law will decide how we handle it.
Councilmember Hewitt:
• What about the percentage of residents of those impacted by abandonment?
Councilmember Longoria:
• I think the change in law is significant and we should discuss it.
• How do we gauge the opinion from the citizens?
Councilmember Tart:
• What constitutes an effected resident?
• I think we should look at it.
• I think 100% isn't obtainable, but more than a simple majority.
• Most covenants are 70%.
• I agree that we move forward.
Interim City Clerk Gordon read Agenda Item #4.
4. Discussion of IGA between the City of Milton and Forsyth County for McGinnis Ferry
Roadway Project.
(Presented by Ken Jarrard, City Attorney and Carter Lucas, Director of Public Works)
Ken Jarrard:
• This is the IGA that we talked about previously.
• I have worked with Carter and people in Forsyth County.
• The law does not do a good job addressing these joint projects.
• This IGA will require both jurisdictions to have simultaneous legal ads or public notices of
solicitation bids.
• We are going to require a performance bond.
• The advertising and bidding is very important and both need to satisfy the state line.
• The participation financially will be 50/50.
• If there are change orders, it will encompass both sides.
• This is not complex.
• Both sides of this contract will be monitored very closely.
• We are jointly bonded on payment and performance.
• I recommend it be on the next agenda.
Councilmember Thurman:
Work Session of the Milton City Council
Monday, September 13, 2010 at 6:00 pm
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• As far as our standards for paving, are they the same for Forsyth County?
Councilmember Lusk:
• Will this advertise as one or two contracts?
Ken Jarrard:
• This will be advertised as one contract.
After no further discussion, the Work Session adjourned at 7:36 p.m.
Date Approved: October 4, 2010.
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Sudie AM Gordon, City lerk Joe Lock oo or