HomeMy WebLinkAboutAgenda Packet CC - 12/19/2011 - 12-19-2011-Packet (Migrated from Optiview)Page 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, December 19, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Chaplain Remco Brommett, Chaplain for City of Milton Police and Fire
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11- 278)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the December 5, 2011 Regular Council Minutes.
(Agenda Item No. 11- 279)
(Sudie Gordon, City Clerk)
2. Approval of the December 12, 2011 Work Session Minutes.
(Agenda Item No. 11- 280)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 19, 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 May, 2011.
(Agenda Item No. 11- 281)
(Stacey Inglis, Finance Director)
4. Approval of an Intergovernmental Agreement for the Provision of Animal Control
Services between Fulton County, Georgia and the City of Milton.
(Agenda Item No. 11- 282)
(Ken Jarrard, City Attorney)
6) REPORTS AND PRESENTATIONS
1. Proclamation Honoring Milton High School’s State Champion Theatre Program.
(Presented by Councilmember Julie Zahner Bailey)
2. Recognition of $3,500 Grant Funded by Milton Public Safety Fund for a Stairmaster for
the Milton Fire and Police Department Wellness Program and $2,375 Grant for Milton
Police Gun Range Kits.
(Presented by Jan Fowler, President – Milton Public Safety Fund)
3. Presentation of the Silver Good Citizenship Award.
(Presented by Allen Greenly, President of Piedmont Chapter, Sons of the American Revolution )
7) FIRST PRESENTATION
1. Approval of An Ordinance to Amend Chapter 2, Article VI, Division 11, Purchasing
Policies, Section 2-621.
(Agenda Item No. 11- 283)
(Chris Lagerbloom, City Manager)
8) PUBLIC HEARING (None)
9) ZONING AGENDA
1. RZ-11-18 – To create Article VI, Division 26, of the Zoning Ordinance (Chapter 64 of
the City Code) – H (Historic) District.
(Agenda Item No. 11- 242)
(First Presentation on November 7, 2011)
(Discussed at Work Session on November 14, 2011)
(Deferred at November 21, 2011 Council Meeting)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 19, 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.
2. ZM11-03 – 12792 Donegal Lane (Lot #39) Vickery Crest Subdivision – Gerald E.
Hudgins requests to modify Condition 3.a. of RZ05-135 to reduce the Minimum Rear
Yard from 50 feet to 10 feet along the west property line.
(Agenda Item No. 11- 271)
(First Presentation on December 5, 2011)
(Kathleen Field, Community Development Director)
3. ZM11-04/VC11-06 – Deerfield Green Subdivision – Redus Atlanta Housing, LLC
requests to modify the following conditions to read:
1d. Site development shall be substantially consistent with the rendering and
elevation submitted to the Fulton County Department of Environment and
Community Development on June 27, 2005 except for lots identified as
136 through 163 on the revised site plan submitted on November 24, 2009
to the City of Milton Community Development Department (ZM09-03);
186 through 220 on the revised site plan submitted on November 3, 2011
to the City of Milton Community Development Department. (RZ05-22)
1f. The minimum heated floor area for a townhouse unit shall be 2,000 square
feet except for those lots identified as 136 through 163 shall be a
minimum heated floor area of 1,850 square feet. All units shall have a rear
entry 2-car garage except for those lots identified as 136 through 163 shall
have a front entry 2-car garage per the revised site plan submitted on
November 24, 2009 to the City of Milton Community Development
Department (ZM09-03); 186 through 220 shall have a front entry 2- car
garage and a minimum heated floor area of 1,850 square feet per the
revised site plan submitted on November 3, 2011 to the City of Milton
Community Development Department. (RZ05-22)
1g. Units 136 through154 provide a minimum of a 20’ setback from the back
of sidewalk to the garage door and Units 155 through163; Units 186
through 220 to provide a minimum of a 18 foot setback from the back of
sidewalk to garage door. (RZ05-22)
2a. To the revised site plan received by the City of Milton Community
Development Department on November 3, 2011. Said site plan is not
conceptual; the developer must strictly adhere to the site plan as
submitted. Any changes to the site plan must be approved by the Director
of Community Development and must meet or exceed the requirements of
the Zoning Ordinance and these conditions. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy. (RZ05-22)
MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 19, 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.
To request the following 2 part concurrent variance to1) To reduce the number of
required parking spaces from 18 spaces to 13 spaces for the amenity area (Section 64-
1410); 2) To allow the rear of town home units to exceed 25% cement siding for units
186 through 220 (Section 64-1095 (p)).
(Agenda Item No. 11 - 272)
(First Presentation on December 5, 2011)
(Kathleen Field, Community Development Director)
10) UNFINISHED BUSINESS
1. Approval of an Ordinance to Amend Chapter 42, Secondhand Goods, by Adding an
Article III, Precious Metals Dealers.
(Agenda Item No. 11- 273)
(First Presentation on December 5, 2011)
(Discussed at December 12, 2011 Work Session)
(Ken Jarrard, City Attorney)
2. Approval of an Ordinance to Amend Chapter 42, Secondhand Goods, Article II,
Pawnshops and Brokers.
(Agenda Item No. 11- 274)
(First Presentation on December 5, 2011)
(Discussed at December 12, 2011 Work Session)
(Ken Jarrard, City Attorney)
11) NEW BUSINESS
1. Approval of a Resolution to Adopt the 2012 Zoning and Use Permit, Planning
Commission, Zoning Modification, Board of Zoning Appeals, Historic Preservation
Commission and the City of Milton Design Review Board Schedules.
(Agenda Item No. 11- 284)
(Kathleen Field, Community Development Director)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 11- 285)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: December 19, 2011 City Council Meeting
Agenda Item: Financial Statements for Period 8 – May 2011
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 11.74% higher than anticipated for the eighth
period of the fiscal year. As previously mentioned, this is due mainly to the prior year property
tax collections being well above what is expected for this time of the year.
Total expenditures to‐date are $8,600,322 and are 3.6% 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 $3,094,595.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $12,325
Sidewalk Replacement Fund: Balance: $80,308
1 of 9
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending May 2011
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Property Tax 8,607,691 23,770 - 23,770 1,387,644 937,000 450,644
Motor Vehicle Tax 450,000 38,889 37,500 1,389 311,229 262,500 48,729
Intangible Tax 160,000 12,347 13,333 (986) 108,432 93,333 15,098
Real Estate Transfer Tax 37,000 3,286 3,083 203 18,995 21,583 (2,588)
Franchise Fees 1,700,000 101,495 102,000 (505) 1,038,014 1,020,000 18,014
Local Option Sales Tax 3,540,000 310,481 295,000 15,481 2,133,381 1,976,500 156,881
Alcohol Beverage Excise Tax 280,000 24,042 23,333 709 156,851 163,333 (6,483)
Business & Occupation Tax 550,000 14,028 11,000 3,028 520,455 522,500 (2,045)
Insurance Premium Tax 850,000 - - - - - -
Financial Institution Tax 26,000 - - - 30,899 26,000 4,899
Penalties & Interest 59,000 2,581 167 2,415 59,620 71,833 (12,213)
Alcohol Beverage Licenses 150,000 - - - 137,600 136,500 1,100
Other Non-Business Permits/Licenses 15,750 1,133 1,313 (180) 7,867 10,500 (2,633)
Zoning & Land Disturbance Permits 23,000 1,350 1,917 (567) 11,610 15,333 (3,723)
Building Permits 75,000 26,485 6,250 20,235 131,266 50,000 81,266
Intergovernmental Revenue - - - - - - -
Other Charges for Service 318,000 27,781 22,750 5,031 201,771 212,000 (10,229)
Municipal Court Fines 502,500 29,983 41,875 (11,892) 276,140 335,000 (58,860)
Interest Earnings 15,000 2,426 1,250 1,176 22,506 10,000 12,506
Contributions & Donations - - - - - - -
Other Revenue 37,802 0 - 0 40,324 37,802 2,522
Other Financing Sources - - - - - - -
Total Revenue 17,396,743 620,078 560,771 59,308 6,594,604 5,901,719 692,886
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Mayor and Council 166,912 6,783 10,443 (3,660) 94,190 106,414 (12,223)
Clerk of the Council 224,741 15,292 17,558 (2,266) 130,649 144,678 (14,029)
City Manager 297,343 21,722 23,358 (1,636) 184,600 187,841 (3,240)
General Administration 548,694 63,310 45,725 17,585 395,237 407,558 (12,321)
Finance 517,011 31,271 59,104 (27,833) 316,453 319,381 (2,929)
Legal 240,000 20,047 20,000 47 79,897 120,000 (40,103)
Information Technology 525,571 85,895 30,053 55,841 338,915 345,207 (6,291)
Human Resources 238 606 17 226 18 684 (1 458)137 949 153 658 (15 709)
Revenue Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
Human Resources 238,606 17,226 18,684 (1,458) 137,949 153,658 (15,709)
Risk Management 175,621 14,474 14,635 (161) 106,082 117,081 (10,998)
General Government Buildings - 8,745 - 8,745 32,074 - 32,074
Public Information & Marketing 85,371 10,440 6,627 3,813 58,821 54,770 4,051
Municipal Court 226,604 21,840 17,595 4,245 133,517 145,400 (11,883)
Police 2,524,380 266,543 196,947 69,597 1,618,202 1,623,880 (5,678)
Fire 4,196,653 392,591 327,271 65,320 2,703,905 2,698,990 4,915
EMS Operations 136,881 11,021 11,407 (386) 88,167 91,254 (3,087)
Public Works 1,513,980 138,957 123,350 15,607 789,413 996,934 (207,521)
Parks & Recreation 357,374 30,832 28,540 2,291 168,025 232,790 (64,765)
Community Development 652,724 85,513 50,484 35,029 477,460 417,947 59,513
Debt Service - Capital Lease Payment 716,543 - 716,543 (716,543) 716,541 716,543 (2)
Operating Transfers to Other Funds 3,918,284 - - - 30,225 40,736 (10,511)
Operating Reserve 133,450 - - - - - -
Total expenditures 17,396,743 1,242,501 1,718,325 (475,824) 8,600,322 8,921,061 (320,739)
Net Income/(Loss)(622,423)(2,005,718)
2 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee -$ -$ 1,050$ 1,050$
Earth Day Vendor Fee - 150 495 495
Interest Revenues - - - -
Milton Roundup Sponsor 10,000 - 2,000 (8,000)
Earth Day Sponsor - 1,500 4,100 4,100
Mayor's Run 2,000 - 441 (1,559)
Contributions & Donations 2,000 - - (2,000)
T-shirt Sales 500 - 126 (374)
Total revenues 14,500$ 1,650$ 8,212$ (6,288)$
EXPENDITURES
Current:
Special Events 49,500$ 5,781$ 34,703$ 14,797$
Total Expenditures 49,500$ 5,781$ 34,703$ 14,797$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 35,000$ 4,555$ 27,473$ (7,527)$
Total other financing sources and uses 35,000$ 4,555$ 27,473$ (7,527)$
Net change in fund balances -$ 982$
Fund balances - beginning 44,203
Fund balances - ending -$ 45,185$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2011
3 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations -$ -$ -$ -$
Cash Confiscations/US Marshals - 3,400 3,400 3,400
Interest Revenues - 5 40 40
Realized Gain on Investments - 48 118
Budgeted Fund Balance 2,800 - - (2,800)
Total revenues 2,800$ 3,453$ 3,557$ 640$
EXPENDITURES
Current:
Police 2,800$ 500$ 500$ 2,300$
Total Expenditures 2,800$ 500$ 500$ 2,300$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 3,057$
Fund balances - beginning - 7,520
Fund balances - ending -$ 10,577$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2011
4 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 700,000$ 38,319$ 432,970$ (267,030)$
Total revenues 700,000$ 38,319$ 432,970$ (267,030)$
EXPENDITURES
Current:
Public Safety 627,787$ 1,715$ 428,671$ 199,116$
Total Expenditures 627,787$ 1,715$ 428,671$ 199,116$
OTHER FINANCING USES
Unallocated 72,213$ -$ -$ (72,213)$
Total other financing sources and uses 72,213$ -$ -$ (72,213)$
Net change in fund balances -$ 4,299$
Fund balances - beginning - 340,333
Fund balances - ending -$ 344,632$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2011
5 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 50,032$ 15,149$ 30,225$ (19,807)$
Total revenues 50,032$ 15,149$ 30,225$ (19,807)$
EXPENDITURES
Current:
General Administration 3,350$ -$ -$ 3,350
Fire 128,153 - 60,450 67,703
Public Works - - - -
Community Development - - - -
Total Expenditures 131,503$ -$ 60,450$ 71,053$
Excess of revenues over expenditures (81,471) 15,149 (30,225) 51,246
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 81,471$ -$ 30,225$ (51,246)$
Total other financing sources and uses 81,471$ -$ 30,225$ (51,246)$
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 May 31, 2011
6 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 35,000$ 4,555$ 27,473$ (7,527)$
Total revenues 35,000$ 4,555$ 27,473$ (7,527)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund -$ -$ -$ -$
Transfers out to Special Events Fund 35,000 4,555 27,473 62,473
Total other financing sources and uses 35,000$ 4,555$ 27,473$ 62,473$
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 May 31, 2011
7 of 9
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$ 1,017$ 33,149$ (31,851)$
Crabapple Paving Fee - 3,150 3,150 3,150
Landfill Host Fees 155,000 - 33,724 (121,276)
HYA Fees 20,000 - 9,375 (10,625)
Tree Recompense 12,625 - - (12,625)
Interest Revenue 2,000 - - (2,000)
Realized Gain or Loss on Investments 2,000 - 5,486 3,486
Sidewalk Replacement Account 70,558 - 9,750 (60,808)
Total revenues 327,183 4,167$ 94,634$ (232,549)$
EXPENDITURES
Capital Outlay
City Council 425,000$ -$ 1,420,550$ (995,550)$
General Admin 15,000 - - 15,000
Finance 44,475 - 10,589 33,886
IT 46,000 9,220 37,683 8,317
Police 212,613 42,472 75,132 137,481
Fire 463,688 - 74,544 389,144
Public Works 6,136,118 92,102 1,256,127 4,879,991
Parks & Recreation 1,857,798 95,898 189,099 1,668,699
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2011
Community Development 339,309 - 30,872 308,437
Total Capital Outlay 9,540,001$ 239,691$ 3,094,595$ 6,445,406$
Excess of revenues over expenditures (9,212,818) (235,524) (2,999,962) (6,677,955)
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 - (2,999,962)
Fund balances - beginning 5,940,006
Fund balances - ending -$ 2,940,044$
8 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Assistant to Firefighters Grant -$ -$ 23,004$ 23,004
GDOT HPP Funds 3,365,794 34,209 161,139 (3,204,655)
LCI Funds 100,000 - - (100,000)
GA Urban Forestry Grant 20,000 - - (20,000)
MARTA Grant 613,000 - 291,674 (321,326)
Interest Revenues - - - -
Total revenues 4,098,794$ 34,209$ 475,817$ (3,622,977)$
EXPENDITURES
Capital Outlay
Public Works 4,473,608$ 54,071$ 547,169$ 3,926,439$
Community Development 150,000 - - 150,000
Total Capital Outlay 4,623,608$ 54,071$ 547,169$ 4,076,439$
Excess of revenues over expenditures (524,814) (19,861) (71,351) 453,463
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 - (71,351)
Fund balances - beginning 880,161
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2011
Fund balances - ending -$ 808,810$
9 of 9
1
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF
ANIMAL CONTROL SERVICES
BETWEEN
FULTON COUNTY, GEORGIA
AND
MILTON, GEORGIA
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”), by and between Fulton
County, Georgia (“County”) and the City of Milton, Georgia (“City”) within Fulton County is
entered into this ___________ day of ___________________, 2011.
WHEREAS, Fulton County, Georgia is a constitutionally created political subdivision of the State
of Georgia; and
WHEREAS, the Georgia Constitution, ARTICLE IX, Section 2, Paragraph 3, except as otherwise
provided by law, prohibits cities and counties from exercising governmental authority within each
other’s boundaries except by Intergovernmental Agreement; and
WHEREAS, the County and City desire to enter into an Intergovernmental Agreement for the
County to respond to citizens’ requests for animal control services twenty-four (24) hours per day
within the corporate limits of the City; and
WHEREAS, there is a need to control rabies, investigate cruelty complaints, and investigate
animal bites within the corporate limits of the City upon request of the City; and
WHEREAS, the County has the capacity to provide such services through a contract with an
approved animal control services vendor; and
WHEREAS, the City wishes to purchase animal control services within its corporate limits and
delegate response to animal control complaints by its citizens twenty-four (24) hours per day,
such response to be made in accordance with the terms of the animal services contract; and
WHEREAS, the County wishes to provide such services to the City through a contract with an
approved animal control services vendor under the direction and control of the County;
NOW THEREFORE, in consideration of the following mutual obligations, the County and City
agree as follows:
2
ARTICLE 1
PURPOSE AND INTENT
1.1 The County agrees to provide animal control services through a contract with an
animal control services vendor within the corporate limits of the City.
1.2 The County agrees to provide a response to requests for animal control services
within the City in accordance with the time periods specified in the County’s contract with its
approved animal control services vendor.
1.3 The County agrees to provide rabies control services wi thin the corporate limits
of the City upon request of the City and in accordance with the approved contract with the animal
control services vendor.
ARTICLE 2
TERM OF AGREEMENT
2.1 The term of this Agreement is for two (2) years commencing on July 1, 2011 and
concluding on June 30, 2013. At the conclusion of this term, the City will be solely responsible
for providing all animal control services within its boundaries, with the exception of state
mandated rabies control response which the County will continue to provide unless the term of
the Agreement is extended in accordance with the terms of this Agreement. This Agreement may
be extended for additional terms by mutual agreement approved by both governing bodies.
ARTICLE 3
COMPENSATION AND CONSIDERATION
3.1 During the first term of this agreement and each subsequent term thereafter, the
cost to the City will be based on the classification and location of calls received by the animal
control services vendor during the previous year with the payment amount de termined by the
following formula:
Payment Amount = Y (A) (C/TC)
Y = Percentage of response NOT related to state mandated county rabies control
responses.
A = Annualized Contract Award Amount plus Indirect Cost (Applicable County Full
Cost Plan)
C = Number of responses to requests for animal control service within the City or
unincorporated Fulton County
TC = Total number of responses for each municipality and Fulton County
3
The payment amount for each municipality and Fulton County and an example calculation is
included (Attachment 1).
3.2 The City shall be responsible for paying fifty percent (50%) of the annual
compensation amount due under this Agreement at commencement of this Agreement. The
commencement of the Agreement shall occur on the first day of the term of the Agreement. Upon
commencement of the Agreement and prior to performing animal control services herein, the
County will invoice the City in an amount that equals fifty percent (50%) of the annual
compensation due under the Agreement. The invoice will include compensation under the
Agreement for six months of animal control services. Payment will be due within sixty (60) days
of the invoice date and should be sent to the Fulton County Finance Department, Treasury
Division, Suite 7001, 141 Pryor Street, SW, Atlanta, GA 30303. Failure to remit payment to
Fulton County within sixty (60) days of the invoice date may result in suspension of services to
the City until such time as the payment is received or termination of the Agreement.
ARTICLE 4
ANIMAL CONTROL SERVICES
4.1 The County agrees to contract with an animal control services vendor to provide
animal control services within the County, including within the boundaries of the City.
4.2 The City recognizes the County will provide animal control services through a
contract awarded to an independent animal control services vendor selected by the County Board
of Commissioners.
4.3 The County and the City recognize that the City shall have the right to request of
the County that it assign tasks to the animal control services vendor pursuant to this agreement.
Supervision and the means by which tasks are accomplished shall be the responsibility of the
County through the animal control services contract administrator.
ARTICLE 5
RECORD KEEPING AND REPORTING
5.1 The County agrees to provide the City with all reports stipulated in the animal
control service vendor’s contract and access to records the vendor i s required to maintain in
accordance with the vendor’s contract.
ARTICLE 6
TERMINATION
6.1 The parties agree that the City may, upon sixty (60) days written notice to the
County, terminate this agreement upon its determination it wishes to provide its own animal
control services. The parties agree that the County may, upon sixty (60) days written notice to the
City, terminate this agreement which would require the City to provide its own animal control
services, except for state mandated rabies control.
4
ARTICLE 7
EVENT OF DEFAULT AND REMEDY
7.1 An event of default shall occur if the County fails to provide animal control
services as stipulated in the current animal control service vendor’s contract, through an animal
control services vendor as selected by the County Board of Commissioners or the City shall be in
default if the City fails to pay the initial fifty percent (50%) of the annual contract amount or any
subsequent payment due pursuant to Article 3 of this Agreement.
7.2 If the City fails to cure an Event of Default within thirty (30) days, then the city
agrees that it will be responsible for providing its own animal control services at its own cost and
expense and that any outstanding payments or amounts due to the County will constitute
liquidated damages, and not a penalty, under this Agreement.
7.3 If the County defaults, the County agrees that the City may provide animal
control services, as stipulated in the current animal control services vendor’s contract, in any
manner the City decides, with the County to bear all reasonable and necessary costs associated
with the City providing those services during the Term of Agreement. Payment by the County to
the City will be made within sixty (60) days of receipt of a City invoice.
7.4 If one or more Events of Default listed in this Article shall occur, the party
suffering from the default shall provide written notice of default within thirty (30) days to the
defaulting party. After receiving notice of default, the par ty in default shall have thirty (30) days
to cure any default. If the default is not cured within thirty (30) days, the party that is not in
default may terminate the Agreement.
ARTICLE 8
ENTIRE AGREEMENT
8.1 It is understood that the terms of this agreement include all of the agreements
made by the County and the City without regard to any oral conversations which may have taken
place prior to execution or subsequent thereto and that any changes shall be made in writing and
agreed to by both parties.
5
ARTICLE 9
SEVERABILITY
9.1 If a court of competent jurisdiction renders any provision of this Agreement (or
portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the
provision will be severed and the remainder of this Agreement will continue in full force and
effect as if the invalid provision or the invalid portion of the provision were not par t of the
Agreement.
ARTICLE 10
NOTICES
10.1 Notices sent by mail will be deemed to be received upon deposit in the mail,
properly addressed. Notices sent by certified or registered mail will be deemed to be received
upon the date of the acknowledgement. Notices sent by facsimile will be deemed to be received
upon successful transmission to the proper facsimile number. Notices delivered by hand -delivery
will be deemed to be received upon acceptance by the respective party or its agent.
10.2 Either party may, at any time, change its respective address or facsimile number
by sending written notice to the other party of the change.
10.3 For all notices to City the address will be as noted on the signature page for each
respective city:
For all notices to County the address will be:
Fulton County
Office of the County Manager
141 Pryor Street
Atlanta, GA 30303
6
IN WITNESS WHEREOF, the City and County have executed this Agreement
through their duly authorized officers on the day and year first above written.
FULTON COUNTY, GEORGIA
ATTEST:
________________________________ _____________________________
John Eaves Mark Massey
Chair Clerk SEAL
Fulton County Board of Commissioners Fulton County Board of Commissioners
Approved as to Form:
________________________________ _____________________________
Office of the Fulton County Attorney Director, Public Works
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
7
CITY OF MILTON, GEORGIA
_____________________________ _____________________________
Joe Lockwood
Mayor Municipal Clerk SEAL
Approved as to Form:
_____________________________ ____________________________
City Attorney City Manager
City of Milton
Milton City Hall
13000 Deerfield Parkway
Suite 107
Milton, GA 30004
Facsimile: (678).242.2499
Attention: The Honorable Joe Lockwood, Mayor
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Honoring Milton High School’s state champion theatre program
WHEREAS, The City of Milton relishes any opportunity to highlight the diverse accomplishments of the many
talented students of Milton High School; and
WHEREAS, Milton High School’s theatre program has grown from a small program to a state and regional
powerhouse, garnering a slate of awards since 2006; and
WHEREAS, These awards include regional and state championships, state honors, “Best Of” awards and
technical achievement nods for both students and teachers for titles as diverse as “And They Dance
Real Slow in Jackson,” “Anatomy of Gray,” “The Rimers of Eldritch,” “A Piece o f My Heart,”
“Arabian Nights,” “Emma’s Child” and “Eurydice”; and
WHEREAS, In 2010, Milton High became the first public school theatre program in the nation to produce a
Cirque-style show, “Cirque Glosoli,” showing its students had amazing athletic and physical
abilities in addition to those needed for convincing acting performances. It has since gone on to
produce “Cirque Zamani,” and both shows have garnered their share of acclaim, as well ; and
WHEREAS, At the 2011 Georgia State Theatre Conference, Milton won a state championship for “Wiley and
the Hairy Man” and had Crawford Horton named Best Actor, Julia Warren named Best Supporting
Actress, Luke Hughes named All Star Cast and Larry Smith named Best Director; and
WHEREAS, The program also won a 2011 6 AAAAA region and state championship for “The Diviners” and
had Colton Medlin named region Best Actor, McKenzie Kurtz named region Best Supporting
Actress and state Best Actress and Zach Bailey named region All Star Cast; and
WHEREAS, This was the first state championship win for Milton High’s program, and highlights the leadership,
commitment and talent of the programs directors: Sim Jones, Renee Denny and Larry Smith.
Now, therefore, we, the Mayor and City Council of the City of Milton, Georgia, hereby honor Milton High School’s
theatre program and ask all residents to observe Dec. 19, 2011 as Milton Hi gh School Theatre Program Day in the City
of Milton.
Given under my hand and seal of the City of Milton, Georgia on this 19th day of December,
2011.
(Seal) ______________________
Joe Lockwood, Mayor
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, City Manager
Date: Submitted on December 8, 2011 for First Presentation at the December 19, 2011
Regular Council Meeting and the January 9, 2012 Regular Council Meeting for
Ratification
Agenda Item: Approval of An Ordinance to Amend Chapter 2, Article VI, Division 11,
Purchasing Policies, Section 2-62.
CMO (City Manager’s Office) Recommendation:
To amend the City’s purchasing policies relating to the procurement of “professional services”.
Background:
The current Ordinance defines “professional services” to mean “services requiring a specialized
bachelor’s degree or a graduate degree and also requiring licensing or certification by a Georgia
statewide authorizing entity, including, but not limited to, engineering and architectural services,
accounting services, and legal services.”
Discussion:
Staff has found that the procurement of professional planning services (not subject to
competitive bidding if less than $30,000) is precluded by the current definition of “professional
services” since professional city planners who have certification as certified planners (AICP),
receive their accreditation/certification from a national authorizing entity, rather than through a
state certification process. In order to alleviate this limitation for professional planners, it is
proposed that the definition of “professional services” be expanded so as to allow for licensing
or certification by a statewide “or national” authorizing entity. This would retain the intent of the
ordinance while allowing for professional city planners to be included within the current
definition.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO AMEND THE CITY’S PURCHASING POLICIES TO ALLOW FOR
THE OPTION OF PROCURING PROFESSIONAL SERVICES TO INCLUDE
NATIONAL LICENSING OR CERTIFICATION FOR PROFESSIONALS AND FOR
OTHER PURPOSES.
WHEREAS, the Purchasing Policies of the City of Milton currently require that all contracts for
services, with certain limited exceptions, be procured through a procurement process;
WHEREAS, the mayor and council of the City of Milton recognize that the specialized nature of
professional services often results in the need to procure such services without utilizing a
competitive procurement process; and
WHEREAS, the Mayor and Council of the City of Milton thus desire to amend the City’s
Purchasing Policies to allow for the procurement of professionals services without utilization of
a competitive procurement process and to permit national licensing or certification;
BE IT ORDAINED by the Mayor and City Council of the city of Milton, Georgia as follows:
Section I:
Chapter 2, Article VI, Division 11, Section 2-621 of the purchasing Policies of the Financial
Management Program contained in Ordinance No. 06-11-05, approved by the Mayor and
Council of the city of Milton on November 21, 2006 and amended in Ordinance No. 10-04-63 on
April 26, 2010, is hereby amended to read as follows:
Sec-2-621 – Scope
The scope of this purchasing policy covers the procurement of all materials and services, except
as otherwise provided below regarding professional services, as defined below, without
regarding to the past method by which the material or service has been or is customarily
procured. The policy covers all contractual and purchase agreements between the City of Milton
and another company or person. The procurement function includes the initial
agreement/purchase, renewals, changes and/or re-negotiations. This policy establishes the
specific responsibility and authority of the procurement of materials and services.
For clarification purposes, these purchasing policies are not required to be followed by
organizations provided services, directly or indirectly to the city through service orientation
contract personnel. Those contractual agreement of service oriented in nature were procured in
conjunction with the creation of the city. However, as part of the audit process, the organizations
providing services, either directly or indirectly to the city shall have their internal controls and
accounting processes evaluated and a measure of assurance given as a requirement of completion
of the city's annual audit.
Professional services shall not be subject to the bidding or other competitive procurement
requirements of these purchasing policies so long as the anticipated value of such services is
$30,000.00 or less and further provided that all contracts for professional services shall be
subject to approval requirements of Article V(C)(6)(b) of these purchasing policies. The city
may, in its sole discretion, utilize competitive procurement methods in the procurement of
Professional Services, irrespective of the exemption noted above. For the purposes of this
paragraph, the term "professional services" shall mean services requiring a specialized bachelor's
degree or a graduate degree and also requiring licensing or certification by a Georgia statewide
or national authorizing entity, including, but not limited to, engineering and architectural
services, accounting services, and legal services.
Section II:
This Ordinance Number __________ shall become effective immediately upon adoption by the
mayor and Council of the City of Milton. Any and all existing or re-existing ordinances
covering the same matters as embraced in this ordinance are hereby repealed, and all ordinances
or part of ordinances inconsistent with the provisions of this Ordinance are hereby repealed.
ORDAINED this the 9th day of January, 2012
____________________________
Joe Lockwood, Mayor
Attest:
_______________________________
Sudie AM Gordon, City Clerk
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: December 6, 2011 for the December 19, 2011, City Council Meeting (Previously
discussed at the November 14, 2011 Work Session and deferred at the
November 21, 2011 meeting to December 19, 2011)
Agenda Item: RZ11-18 – To create Article VI, Division 26 of the Zoning Ordinance (Chapter 64
of the City Code) – H (Historic) District
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment to create a new
H (Historic) District, Article VI, Division 26 of the City of Milton Zoning Ordinance.
Background:
Article 18 of the City of Milton Zoning Ordinance “Historic Preservation Commission” was
adopted by the City of Milton Mayor and City Council on June 21, 2010. Prior to the adoption of
the HPC Ordinance, the Historic Preservation Committee discussed a tool to help preserve
historic buildings in the City by adopting a Prior Use section. After further discussions, the
Historic Preservation Committee chose an alternative method to help preserve historic
buildings, a new zoning district called the H (Historic) district. This proposed new zoning district
was included in the adopted Historic Preservation Commission Ordinance on June 21, 2010.
After the adoption of the Ordinance, Staff forwarded it to Leigh Burns from the Georgia Historic
Preservation Division for her review and comment. There were several items that she requested
be removed from the adopted ordinance, one of which was the H (Historic) District stating that
only issues of preservation and not land use issues are under the purview of the HPC. On
October 17, 2011 the Mayor and City Council approved a text amendment that reflected those
items. The Historic Preservation Commission recommended that the H (Historic) District be
created outside of the HPC Ordinance to provide a tool for preserving historic buildings.
Discussion:
The purpose of the new zoning district is to allow for a Historic structure to be used, protected,
renovated and preserved based on its historic value to the community. It allows a specific,
previous use to continue in the structure where the use would be considered non-conforming as
defined in the current Zoning Ordinance. In addition, It would be implemented in a similar
fashion as a CUP (Community Unit Plan) or MIX (Mixed Use) whereas the applicant would
propose the development standards for the subject site that allows flexibility to conform to
grandfathered non-conforming sites.
The applicant shall provide to Staff proof that the proposed use previously existed on the
subject site and the use must continue in the original structure. In addition, the structure must be
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
designated as Historic by the City of Milton Historic Preservation Commission (HPC) and must
be completed prior to the City accepting a rezoning application for the structure, unless
otherwise determined by the Community Development Director it is in the best interest of the
City to process the designation together because of the risk of probable demolition. Lastly, if the
permitted use ceases to exist on the subject site for more than six (6) months the zoning shall
revert back to the district in force at the adoption of the Zoning Ordinance.
The H (Historic) District was first proposed and discussed at a joint work session with the
Historic Preservation Commission and Planning Commission on August 24, 2011.
The proposed text amendment was on the Community Zoning Information Meeting agenda on
September 28, 2011. No one was in attendance. The Planning Commission reviewed the
proposed ordinance on October 25, 2011 and had the following concerns with the proposed
ordinance:
It is their opinion that it is a tool for “spot zoning” and would create precedence for future
non-residential zonings in the area.
Questions regarding the reversion of the zoning district if the use ceases for more than
6 months.
Requested that Staff provide an analysis in the staff report comparing the applicant’s
request for development standards of the H (Historic) district with any concurrent
variances required for a traditional zoning district for the site.
After further deliberation, the Planning Commission recommended approval (5-1) of the text
amendment with the changes proposed by the Planning Commission.
The City Attorney reviewed the text amendment with the Planning Commission
recommendations and made the following substantive changes to the proposed ordinance:
Sec. 64-953 (a) – Rewrote this paragraph regarding the City Council’s ability to write
conditions of zoning for the use on the property. If no condition is included, the use of the
property shall be limited to the most intense use on any property adjacent to the subject
property.
Sec. 64-953 (b) – Clarified the distinction that the H District is only available for property
on which a proposed Historic use was non-conforming under the existing zoning district.
In addition, the paragraph outlines the requirements to establish the previous historic
use on the site.
Sec. 64-953 (g) – Deleted the reversion language based on the Georgia Zoning
Procedure’s law does not permit automatic reversion of zoning without notice and
hearing. The City Council has the power to initiate a rezoning on the subject property to
the previous zoning classification.
Sec. 64-954 – Wrote additional language to state that the City Council shall consider the
property’s overlay district and the Zoning Ordinance as it pertains to the proposed
Historic use as well as other reasonable conditions of zoning. In addition, Council’s
zoning conditions shall have precedence over any conflicting requirement, regulation or
standard found in either the overlay district or Zoning Ordinance regulations.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
3
At the November 14, 2011 Council Work Session the following items were discussed and are
listed below and highlighted in red on the attached document named “Items discussed at the
November 14, 2011 Work Session shown in red”:
In Section 64-953 (b) to add “and bills” and delete “and/or personal affidavits.
In Section 64-953(d) to add the reference of the process in which structures are required
to be designated as Historic by the City of Milton Historic Preservation Commission by
adding “as required by Sec. 64-2454.”
In Section 64-954 to add that the Milton City Council shall consider the subject property’s
“City’s Comprehensive Plan”.
The proposed text amendment was deferred at the November 21, 2011 City Council meeting to
the December 19, 2011 City Council meeting for a recommendation.
A clean version is provided for your review that incorporates the City Attorney’s recommended
changes as presented at the Work Session without the above three items. In addition, a red
lined version that includes changes recommended by the Planning Commission and a red lined
version of the City Attorney’s recommendation are included.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
create Article VI, Division 26 of the Zoning Ordinance (Chapter 64 of the City Code) –
H (Historic) District to the City of Milton Zoning Ordinance.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
TEXT AMENDMENT AS PRESENTED AT THE NOVEMBER 14, 2011 WORK SESSION
Page 1 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
December 19, 2011 Mayor and City Council Meeting (Version presented at the November 14 WS)
Division 26 H HISTORIC DISTRICT
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a Historic structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This designation will help preserve the rich traditions of history and culture
evident in Milton’s original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structures shall be used in accordance with standards herein.
(a) When approving H District classification for a property, the Milton City Council shall designate as
a condition of zoning any limitations on the use of the subject property or structures located
thereon. If no such condition is included, the use of the subject property shall be limited to the
most intense use allowed on any property adjacent to the subject property.
(b) H District classification shall only be available for property on which a proposed Historic use
would be deemed non-conforming under the existing zoning classification. Existence of the
Historic use of the subject property may be established by, among other things, historic pictures
of the subject property, deeds, bills of sale, and/or personal affidavits.
(c) The proposed Historic use shall be limited to those Historic structures identified on the subject
property and may not be expanded.
(d) Any structure for which a non-conforming Historic use is proposed must first be designated as
Historic by the City of Milton Historic Preservation Commission. The historic designation process
must be completed prior to the City accepting a rezoning application for the subject property,
unless the Community Development Director determines that it is in the best interest of the City
to process the designation and zoning applications together because of the risk of probable
demolition.
(e) The proposed Historic use shall be compatible with the surrounding land uses.
(f) The proposed Historic use shall not result in the removal of historical characteristics of the
structure or site, including mature landscaping.
Sec. 64-954 Development standards.
In order to allow for the unique nature of the properties receiving the H District classification, there are
no district-specific development standards. However, all other requirements of the subject property’s
Overlay District and the City of Milton Zoning Ordinance, including, but not limited to those identified in
Section 64-955, shall be maintained. In addition, the Milton City Council shall consider the subject
property’s overlay district and City of Milton Zoning Ordinance as it pertains to the proposed Historic
TEXT AMENDMENT AS PRESENTED AT THE NOVEMBER 14, 2011 WORK SESSION
Page 2 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
December 19, 2011 Mayor and City Council Meeting (Version presented at the November 14 WS)
use, and may adopt reasonable conditions of zoning with respect to the following, without the need for
a variance:
(a) Maximum structure height
(b) Minimum lot area
(c) Maximum density
(d) Minimum lot width
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(l) Accessory structure requirements
(m) Buffer requirements
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage limitations
Notwithstanding any provisions to the contrary found in the City of Milton Zoning Ordinance, the zoning
conditions adopted by the Milton City Council shall have precedence over any conflicting requirement,
regulation or standard found in either the Overlay District regulations or the City of Milton Zoning
Ordinance.
Sec. 64-955 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
5. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
7. Signs: article XVI of this zoning ordinance.
8. Noise study report: section 64-2131.
ITEMS DISCUSSED AT THE NOVEMBER 14, 2011 WORK SESSION SHOWN IN RED
Page 1 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
December 19, 2011 Mayor and City Council Meeting (Comments in red from the November 14 WS)
Division 26 H HISTORIC DISTRICT
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a Historic structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This designation will help preserve the rich traditions of history and culture
evident in Milton’s original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structures shall be used in accordance with standards herein.
(a) When approving H District classification for a property, the Milton City Council shall designate as
a condition of zoning any limitations on the use of the subject property or structures located
thereon. If no such condition is included, the use of the subject property shall be limited to the
most intense use allowed on any property adjacent to the subject property.
(b) H District classification shall only be available for property on which a proposed Historic use
would be deemed non-conforming under the existing zoning classification. Existence of the
Historic use of the subject property may be established by, among other things, historic pictures
of the subject property, deeds, and bills of sale., and/or personal affidavits.
(c) The proposed Historic use shall be limited to those Historic structures identified on the subject
property and may not be expanded.
(d) Any structure for which a non-conforming Historic use is proposed must first be designated as
Historic by the City of Milton Historic Preservation Commission as required by Sec. 64-2454. The
historic designation process must be completed prior to the City accepting a rezoning application
for the subject property, unless the Community Development Director determines that it is in the
best interest of the City to process the designation and zoning applications together because of
the risk of probable demolition.
(e) The proposed Historic use shall be compatible with the surrounding land uses.
(f) The proposed Historic use shall not result in the removal of historical characteristics of the
structure or site, including mature landscaping.
Sec. 64-954 Development standards.
In order to allow for the unique nature of the properties receiving the H District classification, there are
no district-specific development standards. However, all other requirements of the subject property’s
Overlay District and the City of Milton Zoning Ordinance, including, but not limited to those identified in
Section 64-955, shall be maintained. In addition, the Milton City Council shall consider the subject
property’s overlay district, City’s Comprehensive Plan, and City of Milton Zoning Ordinance as it pertains
ITEMS DISCUSSED AT THE NOVEMBER 14, 2011 WORK SESSION SHOWN IN RED
Page 2 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
December 19, 2011 Mayor and City Council Meeting (Comments in red from the November 14 WS)
to the proposed Historic use, and may adopt reasonable conditions of zoning with respect to the
following, without the need for a variance:
(a) Maximum structure height
(b) Minimum lot area
(c) Maximum density
(d) Minimum lot width
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(l) Accessory structure requirements
(m) Buffer requirements
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage limitations
Notwithstanding any provisions to the contrary found in the City of Milton Zoning Ordinance, the zoning
conditions adopted by the Milton City Council shall have precedence over any conflicting requirement,
regulation or standard found in either the Overlay District regulations or the City of Milton Zoning
Ordinance.
Sec. 64-955 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
5. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
7. Signs: article XVI of this zoning ordinance.
8. Noise study report: section 64-2131.
CITY ATTORNEY’S COMMENTS OF RECOMMENDED CHANGES BY THE PLANNING COMMISSION
Page 1 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
City Attorney’s Comments made 11/4/11
Division 26 H HISTORIC DISTRICT
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a hHistoric structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This designation will help preserve the rich traditions of history and culture
evident in Milton’s original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structures shall be used in accordance with standards herein.
(a) The permitted use of the structure shall be approved is subject to approval by the Milton City
Council, per the rezoning process as outlined in Article XIV of the City of Milton Zoning
Ordinance.When approving H District classification for a property, the Milton City Council shall
designate as a condition of zoning any limitations on the use of the subject property or structures
located thereon. If no such condition is included, the use of the subject property shall be limited
to the most intense use allowed on any property adjacent to the subject property.
(b) H District classification shall only be available for property on which a proposed Historic use
would be deemed non-conforming under the existing zoning classification. Existence of the
Historic use of the subject property may be established by, among other things, The applicant
shall offer proof that the proposed use previously existed on the subject site. Hhistoric pictures
of the sitesubject property, deeds, bills of sale, and/or personal affidavits will be acceptable
proof.
(c) The proposed Historic use shall be limited to those Historic structures identified on the subject
property and may not be expandedmust continue in the original structure.
(d) Any structure for which a non-conforming Historic use is proposedThe structure must first be
designated as Historic by the City of Milton Historic Preservation Commission. The historic
designation process must be completed prior to the City accepting a rezoning application for the
subject structureproperty, unless the Community Development Director determines that it is in
the best interest of the City to process the designation and zoning applications together because
of the risk of probable demolition.
(e) The proposed Historic use is shall be compatible with the surrounding residential
neighborhoodland uses.
(f) The proposed Historic use does shall not result in the removal of historical characteristics of the
structure or site, including mature landscaping.
(g) If the permitted use ceases to exist on the subject site for more than six (6) months the zoning
shall revert back to the district in force at the adoption of this Zoning Ordinance.
Formatted: Normal, Indent: Left: 0"
Comment [PBF1]:
Comment [PBF2]: Is this intended to be a
limitation on the Council's ability to approve such a
district? I do not know that this is necessarily
required so long as we spell out that the H district
classification is only available for property where
the proposed use can be deemed a "Historic" use.
Comment [PBF3]: I have removed the reversion
language because it is our position that Georgia's
Zoning Procedure's Law does not permit automatic
reversion of zoning without notice and hearing. If
the Council believes that the subsequent
discontinuance of a Historic use justifies a return to
the previous zoning classification, it has the power
to initiate a rezoning. Sec. 64-2059.
CITY ATTORNEY’S COMMENTS OF RECOMMENDED CHANGES BY THE PLANNING COMMISSION
Page 2 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
City Attorney’s Comments made 11/4/11
Sec. 64-954 Development standards.
In order to allow for the unique nature of the properties receiving the H District classification, there are
no district-specific development standards. However, all other requirements of the subject property’s
Overlay District and the City of Milton Zoning Ordinance, including, but not limited to those identified in
Section 64-955, shall be maintained. In addition, the Milton City Council shall consider the After first
taking into account the subject siteproperty’s overlay district and City of Milton Zoning Ordinance as it
pertains to the requestedproposed Historic use, and may adopt reasonable conditions of zoning with
respect to Tthe following, standards shall may be determined by conditions set forth by the Milton City
Council without the need for a variance:
(a) Maximum structure hHeight
(b) Minimum lot area
(c) Maximum dDensity
(d) Minimum lot width
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(l) Minimum Aaccessory structure requirements
(m) Buffer requirements
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage limitations
Notwithstanding any provisions to the contrary found in the City of Milton Zoning Ordinance, While the
zZoning conditions adopted by the Milton City Council shall have precedence over any conflicting
requirement, regulation or standard found in either the Overlay District regulations or the City of Milton
Zoning Ordinancet,. all other requirements of the subject site’s Overlay District and the City of Milton
Zoning Ordinance shall be maintained.
CITY ATTORNEY’S COMMENTS OF RECOMMENDED CHANGES BY THE PLANNING COMMISSION
Page 3 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
City Attorney’s Comments made 11/4/11
Sec. 64-6955 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
5. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
7. Signs: article XVI of this zoning ordinance.
8. Noise study report: section 64-2131.
PLANNING COMMISSION RECOMMENDATION EDITS SHOWN IN RED FROM THE
10/25/11 PC MTG
Page 1 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
December 19, 2011 Mayor and City Council Meeting
Edits by the Planning Commission are shown in red
Division 26 H HISTORIC DISTRICT
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a hHistoric structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This will help preserve the rich traditions of history and culture evident in
Milton’s original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structure shall be used in accordance with standards herein.
(a) The permitted use of the structure shall be approved is subject to approval by the Milton City
Council, per the rezoning process as outlined in Article XIV of the City of Milton Zoning Ordinance.
(b) The applicant shall offer proof that the proposed use previously existed on the subject site.
Historic pictures of the site, deeds, bills of sale, and/or personal affidavits will be acceptable
proof.
(c) The proposed use must continue in the original structure.
(d) The structure must be designated as Historic by the City of Milton Historic Preservation
Commission. The designation process must be completed prior to the City accepting a rezoning
application for the structure, unless the Community Development Director determines that it is in
the best interest of the City to process the designation and zoning applications together because
of the risk of probable demolition.
(e) The use is shall be compatible with the surrounding residential neighborhood.
(f) The use does shall not result in the removal of historical characteristics of the structure or site,
including mature landscaping.
(g) If the permitted use ceases to exist on the subject site for more than six (6) months the zoning
shall revert back to the district in force at the adoption of this Zoning Ordinance.
Sec. 64-954 Development standards.
After first taking into account the subject site’s overlay district and City of Milton Zoning Ordinance as it
pertains to the requested use, Tthe following standards shall may be determined by conditions set forth
by the Milton City Council without the need for a variance:
(a) Height
(b) Minimum lot area
(c) Density
(d) Minimum lot width
PLANNING COMMISSION RECOMMENDATION EDITS SHOWN IN RED FROM THE
10/25/11 PC MTG
Page 2 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
December 19, 2011 Mayor and City Council Meeting
Edits by the Planning Commission are shown in red
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(l) Minimum accessory structure requirements
(m) Buffers
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage
While the Zoning conditions shall have precedencet, all other requirements of the subject site’s Overlay
District and the City of Milton Zoning Ordinance shall be maintained.
Sec. 64-695 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
5. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
7. Signs: article XVI of this zoning ordinance.
8. Noise study report: section 64-2131.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-18
AN ORDINANCE TO CREATE A NEW ZONING DISTRICT IN ARTICLE VI, DIVISION 26,
OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF
ORDINANCES) CALLED THE H (HISTORIC) DISTRICT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 19, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VI, Division 26 to
create a new zoning district to be called the H (Historic) District to assist in preserving historic
property or properties as set forth in Article XVII, “Historic Preservation Commission” and;
SECTION 2. That by adopting this ordinance, may allow a historic building, as designated by
the City of Milton Historic Preservation Commission, original use or uses for the said structure
to operate within the City 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 19th day of December, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 1 of 10
PETITION NUMBER(S):
ZM11-03
PROPERTY INFORMATION
ADDRESS 12792 Donegal Lane
(Vickery Crest Subdivision, Lot #39)
DISTRICT, LAND LOT 2/2, 1053
OVERLAY DISTRICT Northwest Fulton
EXISTING ZONING CUP (Community Unit Plan) RZ05-135
EXISTING USE Single Family Residence
PROPOSED USE Accessory Structure to the Single Family
PETITIONER Gerald Hudgins
ADDRESS 12792 Donegal Lane
Milton, GA 30004
PHONE 770-754-0910
APPLICANT’S REQUEST:
1) To modify Condition 3.a. of RZ05-135 to reduce the Minimum Rear Yard from 50 feet
to 10 feet along the west property line for Lot #39 (12792 Donegal Lane).
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – DECEMBER 19, 2011
ZM11-03 – APPROVAL CONDITIONAL
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 2 of 10
LOCATION MAP
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 3 of 10
SITE PLAN RECEIVED ON NOVEMBER 3, 2011
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 4 of 10
Partially Constructed Accessory Structure in rear setback and drainage easement
View from Donegal Lane toward the Accessory Structure
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 5 of 10
Views looking north along the rear property line from behind the shed
View looking east toward the house from the rear property line
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 6 of 10
Condition to be modified (indicated in yellow highlight):
3. To the owner’s agreement to the following site development considerations:
a. The applicant’s proposed minimum setbacks and design standards are as
follows:
Minimum front yard Setback: 30 feet
Minimum side yard (Interior): 5 feet
Minimum side corner yard (Corner): 20 feet
Minimum rear yard: 25 feet
Minimum Rear Yard along the west/South property lines: 50 feet except for lot
#39 (12792 Donegal Lane) which shall be 10 feet
Minimum Setback along Hopewell Road: 50 feet
Minimum Lot Width: 90 feet
Subject Site and Community Input
The subject site is located within the Vickery Crest Subdivision located on the west side of
Hopewell Road in the southern portion of the City. It is zoned CUP (Community Unit Plan)
pursuant to RZ05-35. Vickery Crest is currently under development with a total of 46 lots in
Phase 1 where the request for modification is located. There are currently fifteen homes
occupied and ten under construction.
Community Zoning Information Meeting – November 30, 2011
The applicant was in attendance at the meeting. There were five people in attendance
all of which live within the Vickery Crest Subdivision. They were in opposition to the
approval of the Zoning Modification to allow the structure to remain in the minimum rear
setback. It was their opinion that if this was approved it would set a “precedent” for future
structures to be built in the minimum rear yard. Staff has received two phone calls
requesting additional information but has not received any written correspondence from
them.
Analysis and Recommendation
The applicant is requesting a reduction of the minimum rear yard (west property line of
the subdivision) adjacent to Providence Oaks Subdivision. The applicant began
construction of a gardening shed approximately 10 feet from the rear property line. It was
discovered by Staff that the location of the shed was also within the 20 foot draina ge
easement as recorded on the final plat for Vickery Crest Subdivision. Staff requested that
the homeowner cease further construction until the issue was resolved through the Zoning
Modification process. The applicant intends to finish the outside of the structure with the
same materials and architecture as the house and screen the structure from the street
with evergreen plantings.
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 7 of 10
Staff notes that a building permit is not required for accessory structures less than 120
square feet. The site plan shows that the buildable area for the lot is small and appears
that the existing location of the shed is one of the only areas to place the structure on the
lot.
After explaining the issue of the drainage easement allowing the free flow of water down
the back side of the subdivision, the applicant has agreed to put the structure on pillars so
water can flow freely underneath it. Secondly, Staff is recommending that the structure
be screened from the street view with evergreen plantings. These items will be included
in the Recommended Conditions.
The applicant has supplied Staff with two letters of support, one from the property owner
directly behind the subject site in Providence Oaks Subdivision and one from the property
owner adjacent to the north at 12782 Donegal Lane. These letters are at the end of the
report. In addition, the applicant has permission from the developer who is in control of
the homeowner’s association to construct the shed in the rear setback.
It appears that if the structure is raised to allow water to flow and screened from the
street, there appears not to be a negative impact on the adjacent property owners if
approved with the attached conditions . Therefore, Staff recommends APPROVAL
CONDITIONAL of ZM11-03.
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 8 of 10
RECOMMENDED CONDITIONS
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (RZ05-135) should be revised to read as follows:
3. To the owner’s agreement to the following site development considerations:
a. The applicant’s proposed minimum setbacks and design standards are as
follows:
Minimum front yard Setback: 30 feet
Minimum side yard (Interior): 5 feet
Minimum side corner yard (Corner): 20 feet
Minimum rear yard: 25 feet
Minimum Rear Yard along the west/South property lines: 50 feet except for lot
#39 (12792 Donegal Lane) which shall be 10 feet only for the existing
accessory structure depicted in the site plan dated November 3, 2011
Minimum Setback along Hopewell Road: 50 feet
Minimum Lot Width: 90 feet
c. The existing accessory structure on Lot #39 shall be elevated a minimum of 12
inches from the ground to allow water to flow.
d. The existing accessory structure located on Lot #39 shall be screened from
view from Donegal Lane.
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 9 of 10
Prepared by the Community Development Department
for the December 19, 2011 Mayor and City Council Meeting
Page 10 of 10
Page 1 of 5
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON PETITION NO.ZM11-03
AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON
COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z05-132 ON MAY 3, 2006
PROPERTY LOCATED ON HOPEWELL ROAD IN LAND LOTS 1053, 1108 2ND DISTRICT
2ND SECTION CONSISTING OF APPROXIMATELY 22.343 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
December 19, 2011 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners,
approved on May 3, 2006, for petition Z05-132 that approved a zoning to CUP (Community Unit Plan)
for property located on Hopewell Road (Vickery Crest Subdivision) consisting of a total of
approximately 22.343 acres, attached hereto and made a part herein;
SECTION 2. ALL THAT TRACT or parcel of land located in Land Lots 1053 and 1108, 2nd
District 2nd Section of the attached legal description; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance for Lot #39, 12792 Donegal Lane. Any conditions hereby
approved (including any site plan) do not authorize the violation of any district regulations; and
SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 19th day of December, 2011.
Page 2 of 5
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Page 3 of 5
CONDITIONS OF APPROVAL
ZM11-03
Hopewell Road (Vickery Crest Subdivision) for Lot #39, 12792 Donegal Lane
RECOMMENDED CONDITIONS
The Mayor and City Council approved this petition; the recommended conditions
(RZ05-135) should be revised to read as follows:
3. To the owner’s agreement to the following site development considerations:
a. The applicant’s proposed minimum setbacks and design standards are as
follows:
Minimum front yard Setback: 30 feet
Minimum side yard (Interior): 5 feet
Minimum side corner yard (Corner): 20 feet
Minimum rear yard: 25 feet
Minimum Rear Yard along the west/South property lines: 50 feet except for
lot #39 (12792 Donegal Lane) which shall be 10 feet only for the existing
accessory structure depicted in the site plan dated November 3, 2011
Minimum Setback along Hopewell Road: 50 feet
Minimum Lot Width: 90 feet
c. The existing accessory structure on Lot #39 shall be elevated a minimum
of 12 inches from the ground to allow water to flow.
d. The existing accessory structure located on Lot #39 shall be screened from
view from Donegal Lane.
Page 4 of 5
SITE PLAN SUBMITTED ON NOVEMBER 3, 2011
Page 5 of 5
Page 1 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
PETITION NUMBER(S):
ZM11-04/VC11-06
PROJECT NAME
Deerfield Green
PROPERTY INFORMATION
ADDRESS Northwest Corner of Webb and Morris Roads and Deerfield Pkwy
DISTRICT, LAND LOT 2/2, 1044, 1045, 1046
OVERLAY DISTRICT State Route 9
EXISTING ZONING MIX (Mixed Use Development (RZ05-022 , ZM07-03, ZM09-03,
V10-07)
ACRES 32.029
EXISTING USE Partially developed townhomes within a mixed use development
OWNER Redus Atlanta Housing, LLC
3563 Phillips Hwy, Suite 601E
Jacksonville, Florida 32207
APPLICANT Lennar- Georgia – Todd Jones
750 Hammond Dr. Building 6, Suite 200
Atlanta, GA 30328 - (404) 443-3630
INTENT
To request the following conditions of RZ05-22 and ZM09-03 be modified to the following:
1d. Site development shall be substantially consistent with the rendering and elevation submitted to the
Fulton County Department of Environment and Community Development on June 27, 2005 except for
lots identified as 136 through 163 on the revised site plan submitted on November 24, 2009 to the City of
Milton Community Development Department (ZM09-03); 186 through 220 on the revised site plan
submitted on November 3, 2011 to the City of Milton Community Development Department. (RZ05 -22)
1f. The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots
identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall
have a rear entry 2-car garage except for those lots identified as 136 through 163 shall have a front
entry 2-car garage per the revised site plan submitted on November 24, 2009 to the City of Milton
Community Development Department (ZM09-03); 186 through 220 shall have a front entry 2- car
garage and a minimum heated floor area of 1,850 square feet per the revised site plan submitted on
November 3, 2011 to the City of Milton Community Development Department. (RZ05 -22)
1g. Units 136 through154 provide a minimum of a 20’ setback from the back of sidewalk to the garage
door and Units 155 through163 provide a minimum of a 18 foot setback from the back of sidewalk to
the garage door; Units 186 through 220 provide a minimum of a 18 foot setback from the back of
sidewalk to garage door. (RZ05-22)
2a. To the revised site plan received by the City of Milton Community Development Department on
November 3, 2011. Said site plan is not conceptual; the developer must strict ly adhere to the site plan
as submitted. Any changes to the site plan must be approved by the Director of Community
Development and must meet or exceed the requirements of the Zoning Ordinance and these
conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy. (RZ05-22)
To request the following 2 part concurrent variance to1) To reduce the number of required parking
spaces from 18 spaces to 13 spaces for the amenity area (Section 64-1410); 2) To allow the rear of
townhome units to exceed 25% cement siding for units 186 through 220 (Section 64-1095 (p)).
Page 2 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
DECEMBER 19, 2011
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM11-04, CONDITIONS 1d., 1f., 1g., and 2a. - DENIAL
VC11-06 (Parts 1-2) – DENIAL
Page 3 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Location Map
Page 4 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
REVISED SITE PLAN SUBMITTED NOVEMBER 3, 2011
Page 5 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Revised Site Plan Received November 24, 2009 (ZM09-03)
Page 6 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
DETAILED LANDSCAPE PLAN FOR ENTRANCE RECEIVED NOVEMBER 24, 2009 (ZM09-03)
Page 7 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
View from Webb Road of existing rear entry garages
Page 8 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
View from Webb Road of existing front facades
View from Morris Road where units are proposed for front entry garages adjacent to
retaining wall
Page 9 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Front view of front loading units lots 155-158 (Approved ZM09-03)
Rear elevation of new front loading units on lots 155-158 (Approved V10-07)
Page 10 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Area for the proposed front loading units (New Fawn Circle)
Area of proposed amenity area left of the road
Page 11 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Background and Previous Requests
The subject site is partially developed and is approved for 256 town homes and 56,400
square feet retail/office zoned MIX (Mixed Use) pursuant to Z05-22. The retail/office
portion of the project has not been developed. Staff notes that the applicant plans to
build a total of 248 units, eight (8) units less than the approved zoning. A total of 59 units
have been built, four (4) of which are front loading units as approved pursuant to ZM09-03
(site plan depicted on page 5). The current applicant would build the same front loading
townhouse unit that was approved in 2009 and later approved by the City of Milton
Design Review Board as depicted in the photo on page nine.
The zoning modification approved in 2007, ZM07-03/VC07-09 revised the overall site plan
to include an amenity area as well as a concurrent variance to reduce the 100 foot
setback for pools from all property lines. This site plan is shown on page seven.
In 2009, pursuant to ZM09-03 the developer requested that lots 136 through 220 (63 lots) in
the northeast section of the development adjacent to TR (Townhouse Residential) be
developed with front loading units, minimum 1,850 square foot instead of the rear loaded,
minimum 2,000 square foot units that were originally approved for the site. The original
request in ZM09-03 included 35 lots facing the proposed amenity area. With this proposal,
Staff recommended denial based on the fact that it was not consistent with the zoning
approved in 2005 which depicted that all of the units were to be rear loading. After
further input from the community and the developer at the time, the number of lots
proposed to be front loading was reduced from 63 to 28 units.
Based on the input from the community and the reduction in front loading units and that
the retaining wall behind lots 136 through 150 did not provide adequate space for the
rear alley access along the north side of New Fawn Lane, Staff recommended approval
(revised site plan dated November 24, 2009 shown on page five) and was approved by
the Mayor and City Council on December 7, 2009.
The applicant at the time of the approval of ZM09-03 also was conditioned to provide
additional plantings at the eastern entrance of the subdivision on Morris Road. The
approved planting plan is provided on page 6 of this report.
Staff notes that the intent of the developer, if approved would begin construction of the
amenity area at the point where fifty percent of the front loading townhomes in this
modification is sold.
Community Zoning Information Meeting - November 30, 2011
The applicant was in attendance as well as five of the residents who currently reside
within the development. They were supportive of the proposed changes that may
encourage further completion of the development.
Page 12 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Staff has also been contacted by the homeowner’s association president for the Park at
Morris Lake townhomes, Laura Smith which she has indicated that the associa tion is in
support of the proposed changes.
Analysis and Recommendations for New Requests
EXISTING Condition 1.d: Site development shall be substantially consistent with the
rendering and elevation submitted to the Department of Environment and
Community Development on June 27, 2005 except for lots identified as 136 through
163 on the revised site plan submitted November 24, 2009 to the City of Milton
Community Development Department (ZM09-03)
PROPOSED Condition 1.d.- Site development shall be substantially consistent with the
rendering and elevation submitted to the Fulton County Department of Environment and
Community Development on June 27, 2005 except for lots identified as 136 through 163
on the revised site plan submitted November 24, 2009 to the City of Milton Community
Development Department); 186 through 220 on the revised site plan submitted on
November 3, 2011 to the City of Milton Community Development Department.
Analysis
The applicant’s letter of intent dated November 3, 2011 states that the same front loading
townhouse would be constructed along New Fawn Circle (Lots 186 through 220)
consistent with the previous front loading units. It is the belief of the applicant that this
location would have the least impact on the development and is similar to the adjoining
townhouse developments to the north.
Staff Recommendation
At the time of the previous request pursuant to ZM09-03, Staff stated the following, “The
revised site plan promotes the village concept by providing an alley and r ear entry
garages adjacent to the amenity area as well as providing screening of the front entry
garages from Morris Road.” The current request if approved would not be consistent with
the above statement. In addition, it is Staff’s opinion that the future amenity area will be
a focal point for the development and the proposed front loading townhome units would
diminish the intended aesthetic for the development.
Although, the previous request was approved, it is Staff’s opinion that by increasing the
number of front loading units along New Fawn Circle to a total of 63 front loading
townhomes and deleting the alleys, the overall development would not be substantially
consistent with the rendering and elevation submitted to the Fulton County Department
of Environment and Community Development on June 27, 2005 and subsequently
approved by the Board of Commissioners. Therefore, Staff recommends DENIAL of
Condition 1.d.
Page 13 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Below are the renderings that are conditioned in Condition 1.d. that depict the concept
of the development.
Page 14 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Existing Condition 1.f. - The minimum heated floor area for a townhouse unit shall be 2,000
square feet except for those lots identified as 136 through 163 shall be a minimum heated
floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for
those lots identified as 136 through 163 shall have a front entry 2-car garage per the
revised site plan submitted on September 11, 2009 to the City of Milton Community
Development Department.
Proposed Condition 1.f. - The minimum heated floor area for a townhouse unit shall be
2,000 square feet except for those lots identified as 136 through 163 shall be a minimum
heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage
except for those lots identified as 136 through 163 shall have a front entry 2-car garage
per the revised site plan submitted on November 24, 2009 to the City of Milton Community
Development Department (ZM09-03); 186 through 220 shall have a front entry 2- car
garage and a minimum heated floor area of 1,850 square feet per the revised site plan
submitted on November 3, 2011 to the City of Milton Community Development
Department.
Analysis
The applicant’s letter of intent dated November 3, 2011 states that the same front loading
townhouse would be constructed consistent with the previous front loading units with
1,850 square feet in size adjacent to the proposed amenity area on New Fawn Circle.
A photo of the existing front loaded townhomes is on page nine of this report.
Staff Recommendation
At the time of the previous request pursuant to ZM09-03, Staff stated the following, “The
revised site plan promotes the village concept by providing an alley and rear entry
garages adjacent to the amenity area as well as providing screening of the front entry
garages from Morris Road”. The need for the reduction in square footage is based on the
new front loading unit. The current request if approved would not be consistent with the
above statement.
Although, the previous request was approved, it is Staff’s opinion that by increasing the
number of front loading units to a total of 63 and deleting the alleys, the overall
development would not be substantially consistent with the rendering and elevation
submitted to the Fulton County Department of Environment and Community
Development on June 27, 2005 and subsequently approved by the Board of
Commissioners. Therefore, Staff recommends DENIAL of Condition 1.f.
Page 15 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
Existing Condition 1.g. – Units 136 through 154 provide a minimum of a 20 foot setback
from the back of sidewalk to the garage door and Units 155 through 163 provide a
minimum of a 18 foot setback from the back of sidewalk to the garage door.
Proposed Condition 1.g. – Units 136 through 154 provide a minimum of a 20 foot setback
from the back of sidewalk to the garage door and Units 155 through 163 provide a
minimum of a 18 foot setback from the back of sidewalk to the garage door; 186 through
220 provide a minimum of a 18 foot setback from the back of sidewalk to the garage
door.
Analysis
Condition 1.g. was included based on the approval of front entry townhome for lots 136
through 163 to provide adequate spacing for parking a car on the driveway and not to
block the sidewalk along the north side of New Fawn Lane.
The applicant is requesting that the proposed new front loading townhomes provide a
minimum 18 foot setback from the back of the sidewalk to the garage door to be
consistent with the condition included in ZM09-03.
Staff Recommendation
At the time of the previous request pursuant to ZM09-03, Staff stated the following, “The
revised site plan promotes the village concept by providing an alley and rear entry
garages adjacent to the amenity area as well as providing screening of the front entry
garages from Morris Road”.
Although, the previous request was approved, it is Staff’s opinion that by increasing the
number of front loading units to a total of 63 and deleting the alleys, the overall
development would not be substantially consistent with the rendering and elevation
submitted to the Fulton County Department of Environment and Community
Development on June 27, 2005 and subsequently approved by the Board of
Commissioners. Therefore, Staff recommends DENIAL of Condition 1.g.
Existing Condition 2.a. - To the revised site plan received by the City of Milton Community
Development Department on November 24, 2009. Said site plan is not conceptual; the
developer must strictly adhere to the site plan as submitted. Any changes to the site plan
must be approved by the Director of Community Development and must meet or
exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy. (ZM09-03)
Proposed Condition 2.a. - To the revised site plan received by the City of Milton
Community Development Department on November 3, 2011. Said site plan is not
conceptual; the developer must strictly adhere to the site plan as submitted. Any
changes to the site plan must be approved by the Director of Community Development
Page 16 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
and must meet or exceed the requirements of the Zoning Ordinance and these
conditions. Unless otherwise noted herein, compliance with all conditions shall be in place
prior to the issuance of the first Certificate of Occupancy.
Analysis
When the original zoning was approved pursuant to RZ05-022 by Fulton County, the site
plan was not conceptual but intended to strictly adhere to the site plan submitted. As
discussed above, the request for 35 additional front loading townhomes is inconsistent
with the original intent and plan for the development. The total of 63 front loading units
within 248 total units (approximately 25 percent of the total number of units) would not be
substantially consistent with the rendering and elevation submitted to the Fulton County
Department of Environment and Community Development on June 27, 2005 and
subsequently approved by the Board of Commissioners.
Staff Recommendation
Based on the issues discussed above, Staff recommends Denial of Condition 2.a. to
replace the revised site plan with the revised site plan submitted on November 3, 2011.
Concurrent Variances
VC11-06 - Part 1) To reduce the number of required parking spaces from 18 spaces to 13
spaces for the amenity area (Section 64-1410)
Analysis
The applicant is requesting this concurrent variance to reduce the required parking for
the amenity area as required in Section 64-1410 of the Zoning Ordinance. The request for
13 spaces includes the required two handicapped parking spaces.
Staff Recommendation
Based on Staff’s recommendation for denial of the applicant’s request to modify
Conditions 1.d., 1.f., 1.g., and 2.a., Staff recommends DENIAL of VC11-06, Part 1.
VC11-06 – Part 2) To allow the rear of townhome units to exceed 25% cement siding for
units 186 through 220 (Section 64-1095 (p)).
Analysis
After the approval of ZM09-03, a variance was requested (V10-07) that the new
townhome design provides for cement siding on the rear of the units. The variance was
heard by the City of Milton Board of Zoning Appeals (BZA) at its June 15, 2010 meeting.
The request was to exceed the maximum 25% siding as required by Section 64-1095 of the
Zoning Ordinance for units 186 through 220. The BZA approved the applicant’s request
Page 17 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
with the following conditions; 1) The rear of each unit shall be painted a dissimilar color (as
allowed by the SR 9 Overlay District) and 2) Disclosure of the approved variance is
required at closing for units 186-191.
Staff Recommendation
Based on Staff’s recommendation for denial of the applicant’s request to modify
Conditions 1.d., 1.f., 1.g., and 2.a., Staff recommends DENIAL of VC11-06, Part 2. If the
Mayor and City Council approves this request, the additional condition to require the rear
of each unit shall be painted a dissimilar color is included in the Recommended
Conditions.
CONCLUSION
The applicant’s request to increase the number of front loading townhomes from 28 to 63
would not be substantially consistent with the rendering and elevation submitted to the
Fulton County Department of Environment and Community Development on June 27,
2005 and subsequently approved by the Board of Commissioners. Therefore, Staff
recommends DENIAL of ZM11-04, Conditions 1d., 1f., 1g., and 2a. In regard to the two
part concurrent variance, because Staff is recommending denial of ZM11-04, Staff
recommends DENIAL of VC11-06, Parts 1 and 2.
If the Mayor and City Council recommend approval of the applicant’s request, a set of
Recommended Conditions are provided below.
Page 18 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended conditions
(RZ05-22, ZM09-03) should be revised to read as follows:
1. To the owner's agreement to restrict the use of the subject property as follows:
d. Site development shall be substantially consistent with the rendering and
elevation submitted to the Fulton County Department of Environment and
Community Development on June 27, 2005 except for lots identified as 136
through 163 on the revised site plan submitted on November 24, 2009 to the
City of Milton Community Development Department; 186 through
220 on the revised site plan submitted on November 3, 2011 to the City of
Milton Community Development Department. (ZM11-04)
f. The minimum heated floor area for a townhouse unit shall be 2,000 square
feet except for those lots identified as 136 through 163 shall be a minimum
heated floor area of 1,850 square feet. All units shall have a rear entry 2-car
garage except for those lots identified as 136 through 163 shall have a front
entry 2-car garage per the revised site plan submitted on November 24, 2009
to the City of Milton Community Development Department; 186 through 220
shall have a front entry 2- car garage and a minimum heated floor area of
1,850 square feet per the revised site plan submitted on November 3, 2011 to
the City of Milton Community Development Department. (ZM11-04)
g. Units 136 through154 provide a minimum of a 20’ setback from the back of
sidewalk to the garage door and Units 155 through163 provide a minimum of
a 18 foot setback from the back of sidewalk to the garage door; Units 186
through 220 provide a minimum of an 18 foot setback from the back of
sidewalk to garage door. (ZM11-04)
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the City of Milton Community Development
Department on November 3, 2011. Said site plan is not conceptual; the
developer must strictly adhere to the site plan as submitted. Any changes to the
site plan must be approved by the Director of Community Development and
must meet or exceed the requirements of the Zoning Ordinance and these
conditions. Unless otherwise noted herein, compliance with all conditions shall
be in place prior to the issuance of the first Certificate of Occupancy. (ZM11-04)
Page 19 of 19
Prepared by the Community Development Department for the
Mayor and City Council Meeting December 19, 2011
3. To the owner’s agreement to the following site development considerations:
u. To provide 13 parking spaces for the amenity area. (VC11-06, Part 1)
v. To allow the rear of townhome units to exceed 25% cement siding for units
186 through 220. (VC11-06, Part 2)
w. The rear of each unit shall be painted a dissimilar color (as allowed by the SR
9 Overlay District).
Page 1 of 7
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON PETITION NO.ZM11-04/VC11-06
AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON
COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z05-022 ON
SEPTEMBER 7, 2005 AND TO MODIFY A CONDITION OF AN ORDINANCE BY THE CITY
OF MILTON MAYOR AND CITY COUNCIL ON SEPTEMBER 20, 2007 APPROVING ZMO7-
03, AND TO MODIFY CONDITIONS OF AN ORDINANCE BY THE CITY OF MILTON
MAYOR AND CITY COUNCIL ON DECEMBER 7, 2009 APPROVING ZM09-03 PROPERTY
LOCATED ON MORRIS ROAD, WEBB ROAD AND DEERFIELD PARKWAY IN LAND
LOTS 1044, 1045, 1046 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY
32.029 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
December 19, 2011 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners,
approved on September 7, 2005, for petition Z05-022 that approved a zoning to MIX (Mixed Use) and
to modify a condition of an ordinance, ZM07-03 by the City of Milton Mayor and City Council,
approved on September 20, 2007, and to modify conditions of an ordinance, ZM09-03 by the City of
Milton Mayor and City Council approved on December 7, 2009 for property located on Morris Road,
Webb Road and Deerfield Parkway consisting of a total of approximately 32.029 acres, attached hereto
and made a part herein;
SECTION 2. ALL THAT TRACT or parcel of land located in Land Lots 1044, 1045, and 1046,
2nd District 2nd Section of the attached legal description; 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 all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 19th day of December, 2011.
Page 2 of 7
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Page 3 of 7
CONDITIONS OF APPROVAL
ZM11-04/VC11-06
Morris Road, Webb Road and Deerfield Parkway
RECOMMENDED CONDITIONS
The Mayor and City Council approved this petition; the recommended conditions
(RZ05-22, ZM09-03) should be revised to read as follows:
1. To the owner's agreement to restrict the use of the subject property as follows:
d. Site development shall be substantially consistent with the rendering and
elevation submitted to the Fulton County Department of Environment and
Community Development on June 27, 2005 except for lots identified as
136 through 163 on the revised site plan submitted on November 24, 2009
to the City of Milton Community Development Department; 186 through
220 on the revised site plan submitted on November 3, 2011 to the City of
Milton Community Development Department. (ZM11-04)
f. The minimum heated floor area for a townhouse unit shall be 2,000 square
feet except for those lots identified as 136 through 163 shall be a minimum
heated floor area of 1,850 square feet. All units shall have a rear entry 2-
car garage except for those lots identified as 136 through 163 shall have a
front entry 2-car garage per the revised site plan submitted on November
24, 2009 to the City of Milton Community Development Department; 186
through 220 shall have a front entry 2- car garage and a minimum heated
floor area of 1,850 square feet per the revised site plan submitted on
November 3, 2011 to the City of Milton Community Development
Department. (ZM11-04)
g. Units 136 through154 provide a minimum of a 20’ setback from the back
of sidewalk to the garage door and Units 155 through163 provide a
minimum of a 18 foot setback from the back of sidewalk to the garage
door; Units 186 through 220 provide a minimum of an 18 foot setback from
the back of sidewalk to garage door. (ZM11-04)
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the City of Milton Community
Development Department on November 3, 2011. Said site plan is not
conceptual; the developer must strictly adhere to the site plan as submitted.
Any changes to the site plan must be approved by the Director of
Community Development and must meet or exceed the requirements of the
Zoning Ordinance and these conditions. Unless otherwise noted herein,
Page 4 of 7
compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy. (ZM11-04)
3. To the owner’s agreement to the following site development considerations:
u. To provide 13 parking spaces for the amenity area. (VC11-06, Part 1)
v. To allow the rear of townhome units to exceed 25% cement siding for units
186 through 220. (VC11-06, Part 2)
w. The rear of each unit shall be painted a dissimilar color (as allowed by the
SR 9 Overlay District).
Page 5 of 7
Revised Site Plan Received November 3, 2011
Page 6 of 7
Page 7 of 7
ORDINANCE NO. ______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 42, SECONDHAND GOODS, BY ADDING
AN ARTICLE III, PRECIOUS METALS DEALERS, AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in a Regular called session on the
19th day of December, 2011 at 6:00 pm. as follows:
SECTION 1. That the Secondhand Goods Ordinance is hereby amended by adding the new
Ordinance attached hereto as Exhibit “A” and incorporated herein by reference as if set forth in
full; and,
SECTION 2. That this Ordinance shall be designated as Chapter 42, Article II Precious Metals
Dealers, of the Code of Ordinances of the City of Milton, Georgia; and,
SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 19th day of December, 2011.
Approved:
____________________________
Mayor Joe Lockwood
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
CITY OF MILTON, GEORGIA
PRECIOUS METALS DEALERS ORDINANCE
Sec. 1. Applicability of certain sections.
Sec. 2. Definitions.
Sec. 3. Annual Precious Metals Dealer Permit required; duties of holder.
Sec. 4. Precious Metals Dealer Permit prerequisite to issuance of occupation tax
certificate.
Sec. 5. Application for Precious Metals Dealer Permit.
Sec. 5-5. Supplemental Information requires in Application for Precious Metals
Dealer Permit
Sec. 6. Suspension or revocation of Precious Metal Dealer Permit.
Sec. 7. Hearings for denial, suspension or revocation of Precious Metal Dealer
Permit.
Sec. 8. Regulation as to employees and manager.
Sec. 9. Denial, Suspension or Revocation of Work Permits.
Sec. 10. Hearings for the denial, suspension or revocati on of Work Permits.
Sec. 11. Records and information to be maintained; display of transaction number.
identification; digital photographs; fingerprints; records storage.
Sec. 12. Daily report to police; required format.
Sec. 13. Property not to be disposed of for 45 days after acquisition; location of
property; police holds.
Sec. 14. Dealing with minors.
Sec. 15. Responsibility for enforcement.
Sec. 16. Penalty for violation.
Sec. 17. Severability.
Sec. 18. Effective date.
Sec. 19. Reserved.
Sec. 1 - Applicability.
(a) This article shall not apply to any precious metals or goods containing precious metals
obtained from industrial producers, manufacturers, licensed dealers, or distributors.
(b) This article shall not apply to registered scrap metal processors. Scrap metal processors are
not, however, relieved from compliance when the purchase of precious metals or goods
containing precious metals are from persons or sources other than industrial producers,
manufacturers, or licensed dealers or distributors.
Sec. 2. - Definitions.
For purposes of this article, the term:
Automated reporting system means a computer based system specified by the Chief of Police
designed to record and transmit data and information electronically.
Employee means:
(1) Any owner or Precious Metals Dealer who, in the performance of his or her duties or
the management of the business affairs of a Precious Metals Dealer , comes into
contact with members of the public; or
(2) Any person working for an owner or Precious Metals Dealer ; or
(3) Any person who is employed on a part-time or full-time basis, either with or without
remuneration, by a Precious Metals Dealer.
Nonpermanent location means any location designated to be used to conduct the aforementioned
business, in any movable vehicle, and temporary or movable structure, including, but not limited
to, vans, mobile homes, trailers, hotels and motels, lodges, or any similar nonpermanent structure
designed by applicant to be used to conduct such business for a limited or specific time.
Permanent location means a business domiciled within a properly constructed building which
must be located within a properly zoned area according to the planning and zoning ordinance.
Police Chief means the Chief of Police for the City of Milton.
Precious metals means any metals, including but not limited to, in whole or in part, silver, gold,
and platinum, and any gems, including but not limited to diamonds.
Precious Metals Dealer means any person, partnership, sole proprietorship, corporation,
association, establishment, or other entity engaged in the business of purchasing, selling,
bartering, or acquiring in trade any precious metals or gems from persons or sources other than
manufacturers or licensed dealers for resale in its original form or as changed by melting,
reforming, remolding, or for resale as scrap, or in bulk.
Precious Metals Dealer Permit means a permit issued pursuant to section 3 to the owner or
owners of a business which authorizes the operation of the business as a Precious Metals Dealer.
Scrap metal processor means any person, partnership, sole proprietorship, corporation,
association, establishment, or other entity engaged in the business of purchasing, selling,
bartering, or acquiring in trade scrap metal, including but not limited to copper.
Third party administrator means any individual, business, or corporation designated by the Chief
of Police to administer the reporting requirements of this ordinance.
Work permit ID card means a permit authorizing an individual to work at a Precious Metals
Dealer issued pursuant to section 8.
Sec. 3 - Annual Precious Metals Dealer Permit required; duties of holder.
(a) Before beginning the business of operating as a Precious Metals Dealer or similar
business engaged in the business of purchasing, selling, bartering, or acquiring in trade any
precious metals or gems from persons or sources other than manufacturers or licensed dealers for
resale in its original form or as changed by melting, reforming, remolding, or for resale as scrap,
or in bulk in the City of Milton, whether at a permanent location or a nonpermanent location, all
persons shall first file an application with the Milton Police Department for an annual Precious
Metals Dealer Permit to conduct such business. If a an application is complete and all
requirements of this article are satisfied, the Police Chief shall issues such a permit.
(b) No person shall be exempt from the provisions of this article by reason of association
temporarily with any dealer or permit holder or by reason of conducting temporary or transient
business in connection with or as a part of the business in the name of any Precious Metals
Dealer or permit holder.
(c) The issuance of such Precious Metals Dealer Permit will be based on a criminal history
background investigation of each applicant. The cost of the permit/criminal history background
investigation shall be the fee listed in the Milton Police Department's Fee Schedule for pawnshop
permits, as approved by the Mayor and Council. This fee is imposed to cover investigative
expenses and/or administrative costs associated with issuing an initial Precious Metals Dealer
Permit for all owners. This fee is nonrefundable in the event an applicant, for any reason, is not
issued a Precious Metals Dealer Permit.
(d) In the event an owner has more than one Precious Metals Dealer location, then each
location will be assessed the above fee.
(e) Owners are required to renew the Precious Metals Dealer Permit upon expiration thereof
and shall be required to pay the renewal fee listed in the Milton Police Department's Fee
Schedule, as approved by the Mayor and Council.
(f) It shall be the duty of all persons holding a Precious Metals Dealer Permit to file with the
Chief of Police or his or her designee, the name of the establishment, the occupation tax
certificate number, and a list of all employees, including their date of birth, social security
Number, home address and home telephone numbers twice annually; during the month of June
and again during the month of December.
(g) Each person shall furnish the City of Milton a license and indemnity bond conditioned
upon the said principal of said bond faithfully performing the obligations and duties set forth in
this article, as such may be amended from time to time. The purpose of this bond is to indemnify
an save harmless the Milton City Council, its officers and employees, on account of any
judgments, claims, demands or losses by reason of the issuance of the Precious Metals Dealer
Permit to a permittee and to provide a means for payment of losses caused by said permittee’s
violation of this article for which said permittee principal has been held responsible for in a civil
court of competent jurisdiction to an owner or former owner of precious metals and items
covered under this article. The bond described herein shall be in the amount of $100,000.00.
Sec. 4 - Precious Metals Dealer Permit prerequisite to issuance of occupation tax
certificate.
No occupation tax certificate required by any rule, regulation or ordinance of the City of Milton
for a business covered by this article shall be granted to any person until a permit required by this
article has been issued or approved by the Milton Police Department.
Sec. 5 - Application for Precious Metals Dealer Permit.
(a) The application for the Precious Metals Dealer Permit required by Section 3 of this article
shall provide, in addition to the information required in Section 5.5 hereunder, the street number
and address at which the business is proposed to be operated.
(b) Each permit issued hereunder shall authorize the conduct of business at one (1) location
only, and persons doing business at more than one location within the City of Milton shall obtain
a separate permit, requiring a separate fee, for each such location.
(c) Any person moving a business licensed hereunder from one (1) location to another shall
notify the City of Milton Police Department, no later than within one (1) day of moving. A new
permit will be issued upon payment of a reasonable fee if the new location conforms to all
applicable ordinances, resolutions, and the City’s zoning and other applicable regulations.
(d) All applicants for a Precious Metals Dealer Permit shall be at least twenty-one (21) years
of age at the time the application is submitted.
Sec. 5-5 – Supplemental Information required in Application for Precious Metals Dealer
Permit
(a) All persons, firms, or corporations desiring to engage in the business, trade or occupation of
a Precious Metals Dealer shall, before engaging in such business, trade or profession, make
application for a Precious Metals Dealer Permit in the form and manner prescribed by the Chief
of Police.
(b) The application shall include but shall not be limited to the following:
(1) Full name, date of birth, address and Social Security Number of applicant.
(2) Full name, address, phone number, date of birth, photograph, and Social Security
Number of all persons having any interest in the proposed business, plus any
additional information, including fingerprints, deemed necessary by the Chief of
Police.
(3) Full names, dates of birth and Social Security Numbers and titles of corporate
officers where appropriate, if this includes individuals over and above those
identified in paragraph (2) above.
(4) Full names, addresses, telephone numbers, dates of birth, title and Social Security
Numbers of individuals to be employed.
(5) A copy of the alcohol, tobacco and firearms license where applicable.
(c) All permits granted under the provisions of this chapter shall expire annually.
(d) Permit holders who desire to renew their permits shall file the application and all applicable
fees with the Police Chief on the form prescribed for renewal of the permit for the following
year. Applications for renewal must be filed on or before the annual deadline provided for all
businesses for filing renewals of occupation tax applications.
(e) All permits granted hereunder shall be for the full calendar year.
(f) It shall be the duty of the renewal applicant to obtain renewal permits as required by this
chapter.
(g) The following permit qualifications shall also apply:
(1) No permit required by this chapter shall be granted to any person who is not a
citizen of the United States or registered resident alien. Where the owner -
applicant is a partnership or corporation, the provisions of this chapter shall apply
to all its partners, officers, managers and majority stockholders.
(2) Where the applicant is a corporation, a certificate will be issued jointly to the
corporation, president or chief executive officer and to the majority stockholder.
Where the applicant is a partnership, the certificate may be issued to a partner or
general partner.
(3) A permit for the practices listed herein may not be issued where the applicant has
been convicted or pled guilty or entered a plea of nolo contendere, and has been
released from parole or probation, to any crime involving moral turpitude, illegal
gambling, or has been convicted of any felonies, or any crime involving theft or
fraudulent practices within a period of ten years immediately prior to the filing of
such application. At the time an application is submitted for any Precious Metals
Dealer permit, the applicant shall, by duly sworn affidavit, certify that neither the
applicant, nor any of the other owners of the establishment, have been convicted
or have plead guilty or entered a plea of nolo contendere to any crime involving
moral turpitude, illegal gambling, or have been convicted of any felonies, or any
crime involving theft or fraudulent practices. Should any applicant, partner, or
officer engaged in operating a Precious Metals Dealer business, after a certificate
has been granted, be convicted or plead guilty or enter a plea of nolo contendere
to any crime involving moral turpitude, illegal gambling, or any felony, or any
crime involving theft or fraudulent practices, the permit shall be immediately
revoked or canceled.
Sec. 6. - Suspension or revocation of Precious Metal Dealer Permit.
(a) A permit may be suspended or revoked by the Police Chief where the permit holder
furnishes fraudulent or untruthful information in the application for a permit and fails to pay all
fees, taxes, or other charges imposed under the provisions of this chapter.
(b) The Police Chief shall revoke the permit for any premises where goods are purchased during
a period of suspension.
(c) The Police Chief may suspend or revoke the permit of any establishment that does not meet
the qualifications set forth in this chapter any time such knowledge becomes known to him/her.
(d) An act or omission of a permit holder, owner of more than twenty percent (20%) interest in
the establishment, or employee of the permit holder or establishment willingly or knowingly
performed, which constitutes a violation of federal or state law or of any provision of this chapter
will subject the permit holder to suspension or revocation of its certificate in accordance with the
provisions of this chapter, when the Police Chief determines to his or her own satisfaction that
the act or omission did occur, regardless of whether any criminal prosecution or conviction
ensues. Provided, however, in the case of an employee, the Police Chief or his or her designee
must determine that the acts of the employee were known to or under reasonable circumstances
should have been known to the permit holder, were condoned by the permit holder, or where the
permit holder has not established practices or procedures to prevent the violation from occurring.
(e) The Police Chief may suspend or revoke the permit of any establishment whenever it can be
shown that a permit holder hereunder no longer maintains adequate financial responsibility upon
which issuance of the certificate was conditioned or whenever the permit holder has defaulted in
any obligation of any kind whatsoever, lawfully owing to the City of Milton.
(f) Wherever this chapter permits the Police Chief to suspend any permit issued hereunder but
does not mandate the period of such suspension, such discretion shall be exercised within the
guidelines of this subsection.
(1) No suspension shall be for a period of time longer than the time remaining on
such permit.
(2) The following factors shall be considered on any revocation or suspension as set
out above:
a. Consistency of penalties mandated by this chapter and those set by the
Police Chief.
b. Likelihood of deterring future wrongdoing.
c. Impact of the offense on the community.
d. Any mitigating circumstances or remedial or corrective steps taken by
permit holder.
e. Any aggravating circumstances or failure by the permit holder to take
remedial or corrective steps.
Sec. 7. - Hearings for the denial, suspension or revocation of Precious Metals Dealer Permit
No permit shall be denied, suspended or revoked without the opportunity for a hearing as
hereinafter provided.
(a)(1) The Police Chief shall provide written notice to the applicant or permit holder of his or
her order to deny, suspend or revoke the permit. Such written notification shall set forth in
reasonable detail the reasons for such action and shall notify the applicant or permit holder of the
right to appeal under the provisions of this chapter. Any applicant or permit holder who is
aggrieved or adversely affected by a final action of the Police Chief may have a review thereof
by appeal to the Board of Zoning Appeals.
(2) Such appeal shall be by written petition, filed with the Police Chief within 15 days after
the final order or action of the Police Chief and in order to defray administrative costs, must be
accompanied by the filing fee that is the equivalent of those fees for applications for Board of
Zoning Appeals variance, waiver, or appeal. The Police Chief, at his or her discretion, may
waive or reduce the filing fee amount if it is determined the fee would create a hardship on the
individual filing such appeal. The Board of Zoning Appeals may, at the request of the appellant,
refund the filing fee by a majority vote.
(b) A hearing shall be conducted on each appeal within 30 days of the date of filing with the
Police Chief unless a continuance of such date is agreed to by the appellant and the Police Chief.
The appellant at such hearing shall have the right to be represented by an attorney, at the expense
of the appellant, and to present evidence and cross-examine witnesses. Should the appellant
desire an official transcript of the appeal proceedings, then such request must be made at least
three days prior to such hearing. The appellant shall have the burden of proof on any such
appeal. Before hearing an appeal, each member of the Board of Zoning Appeals shall sign an
affidavit to be part of the record that he or she is not related to or personal friends with any the
appellant or any owner of the establishment in question in the appeal being considered and that
he or she has no financial interest in the outcome of the appeal. Should any member be unable to
sign such an affidavit, that member shall not serve on that appeal and the case shall be heard by
the remaining members of the Board of Zoning Appeals.
(c) The findings of the Board of Zoning Appeals shall be forwarded to the Police Chief within
fifteen (15) days after the conclusion of the hearing, and it shall be the duty of the Police Chief to
notify the appellant of the action of the Board of Zoning Appeals.
(d) The findings of the Board of Zoning Appeals shall not be set aside unless found to be:
(1) Contrary to law or ordinances;
(2) Unsupported by substantial evidence on the records as a whole; or
(3) Unreasonable.
(e) The findings of the Board of Zoning Appeals shall be final unless appealed within thirty (30)
days of the date of such finding by certiorari to the Superior Court of Fulton County.
Sec. 8 - Regulation as to employees and managers.
(a) No person shall be employed by a Precious Metals Dealer in any capacity until such
person is found to be in compliance with the qualifications as described in this section and has
paid the fee set forth in the Milton Police Department's Fee Schedule for a Precious Metals
Dealer work permit ID card. This provision applies to all persons having any interest in the
proposed business including each owner, employee, and manager. Upon complying with the
requirements of this chapter, a work permit ID card, authorizing such person to be a Precious
Metals Dealer employee will be issued. The work permit ID card will expire annually, and each
employee and/or manager will be required to renew the work permit ID card on or befor e the
date of expiration. All persons having any interest in the proposed business including each
owner, employee, manager, and Precious Metals Dealer shall - while on the Precious Metals
Dealer premises - have in their possession and available for inspection such work permit ID
card. It shall be the duty of the Precious Metals Dealer to insure compliance with the provisions
of this section.
(b) The following qualifications shall apply to all persons having any interest in the proposed
business including each owner, employee and manager:
(1) No work permit ID card shall be issued until such time as a signed application has
been filed with the Milton Police Department and a search of the criminal record
of the person completed. Such application shall include the applicant's name,
fingerprints, Social Security Number, date of birth, and prior arrest record; though
an applicant's arrest record shall be used for investigative purposes only and shall
not give rise to a presumption or inference of guilt. An applicant for a work
permit ID card must also provide positive identification in the form of an official
government issued pictured identification (e.g., driver's license, passport, military
card, or state identification card).
(2) The Chief of Police or his or her designee shall conduct a complete and
exhaustive search relative to any police record of the applicant.
(3) In the event the applicant is qualified for employment with a Precious Metals
Dealer under this section and there is no record of a violation of this chapter, the
Chief of Police or his or her designee shall issue a work permit ID card to the
applicant, by mail, stating that the person is eligible for employment. If it is
found that the person is not qualified for a work permit ID card and therefore
ineligible for employment in a Precious Metals Dealer, the Chief of Police or his
or her designee shall notify the person in writing that they are not eligible for
employment, the cause of such denial, and their right to appeal.
(4) No person who has been convicted or pled guilty or entered a plea of nolo
contendere to any crime involving moral turpitude, illegal gambling, or any
felonies, or any crime involving theft or fraudulent practices for the five years
preceding the date of application shall be issued a work permit ID card. For
purposes of this article, a conviction or plea of guilt or nolo contendere entered
under the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., shall not result
in disqualification. Provided, however, that any such offense may be considered if
the defendant violated any term of probation imposed by the court granting first
offender status or committed another crime and the sentencing court entered an
adjudication of guilt as to the crime for which the defendant had previously been
sentenced as a first offender.
(5) No person shall be issued a work permit ID card if it is determined that the person
falsified, concealed, or misrepresented any material fact by any device, trick, or
scheme while making application to the Milton Police Department for said work
permit ID card under this section.
(6) All work permit ID cards issued through administrative error can be terminated
and seized by the Chief of Police or his or her designee or the Police Chief or his
or her designee upon discovery of the error.
(7) Replacement work permit ID cards will be issued within 30 days of original date,
upon paying one-half of the fees charged for work permit ID cards in subsection
6(a).
(8) All work permit ID cards issued hereunder remain the property of the Milton
Police Department, and shall be produced for inspection upon the demand of any
officer or designee of the Milton Police Department.
(9) No Precious Metals Dealer owner shall allow any employee or manager to work
on the permitted premises (including any temporary location for which a permit
has been issued) unless the employee or manager has in their possession a current
valid work permit ID card. Precious Metals Dealer owners are required by this
section to inspect and verify that each employee or manager has in their
possession a valid current work permit ID card. For new employees, a receipt
issued by the Milton Police Department unit may be used for a maximum of 30
days from the date of issue. Issuance of this fee receipt shall allow the applicant
to work in the position applied for on a provisional basis until such time as the
required criminal history background investigation is completed. The temporary
privilege conferred by issuance of this fee receipt shall expire immediately upon
completion of such background investigation. If the background investigation
indicates that the applicant does not meet the requirements for issuance of a work
permit ID card, the applicant may appeal the denial of the work permit ID card as
provided in this article. However, issuance of this fee receipt and the provisional
privilege granted thereby shall not be construed as conferring any right or
privilege to the applicant to continue working in the position for which the work
permit ID card sought during the pendency of the appeal from the denial of a
work permit ID card under this chapter.
(10) If it is determined that any person issued a work permit ID card has falsified,
concealed, or misrepresented any material fact by any device, trick, or scheme in
the application for the work permit ID card such work permit ID card shall be
revoked or canceled.
(11) Milton employees who are directly involved in the processing and issuance of
work permit ID card or in the regulation of Precious Metals Dealer shall not be
eligible for a work permit ID card.
Sec. 9. - Denial, suspension or revocation of permits.
Any permit required by this article may be denied, suspended or revoked by the Chief of Police
or his or her designee where the Precious Metals Dealer or employee furnishes fraudulent or
untruthful information in the application for a permit or fails to meet all qualifications set forth
under the provisions of this article.
Sec. 10. - Hearings for denial, suspension or revocation of permits.
No permit required by this article shall be denied, suspended or revoked without the opportunity
for a hearing as hereinafter provided.
(a)(1) The Chief of Police or his or her designee shall provide written notice to the applicant of
his or her order to deny, suspend or revoke the permit. Such written notification shall set forth in
reasonable detail the reasons for such action and shall notify the applicant of the right to appeal
under the provisions of this chapter. Any applicant who is aggrieved or adversely affected by a
final action of the Chief of Police may have a review thereof by appeal to the Board of Zoning
Appeals.
(2) Such appeal shall be by written petition, filed in the office of the Police Chief within 15
days after the final order or action of the Chief of Police and in order to defray administrative
costs, must be accompanied by the filing fee listed in the department of planning and
development's fee schedule under applications for Board of Zoning Appeals variance, waiver,
appeal. The Police Chief, at his or her discretion, may waive or reduce the filing fee amount if it
is determined the fee would create a hardship on the individual filing such appeal. The Board of
Zoning Appeals may, at the request of the appellant, refund the filing fee by a majority vote.
(b) A hearing shall be conducted on each appeal within 30 days of the date of filing with the
Police Chief unless a continuance of such date is agreed to by the appellant and the Police Chief.
The appellant at such hearing shall have the right to be represented by an attorney, at the expense
of the appellant, and to present evidence and cross-examine witnesses. Should the appellant
desire an official transcript of the appeal proceedings, then such request must be made at least
three days prior to such hearing. The appellant shall have the burden of proof on any such
appeal. Before hearing an appeal, each member of the Board of Zoning Appeals shall sign an
affidavit to be part of the record that he or she is not related to or personal friends with any
owner of the establishment in question in the appeal being considered and that he or she has no
financial interest in the outcome of the appeal. Should any member be unable to sign such an
affidavit, that member shall not serve on that appeal and the case shall be heard by the remaining
members of the Board of Zoning Appeals.
(c) The findings of the Board of Zoning Appeals shall be forwarded to the Police Chief
within fifteen (15) days of conclusion of the hearing, and it shall be the duty of the Police Chief
to notify the appellant of the action of the Board of Zoning Appeals.
(d) The findings of the Board of Zoning Appeals shall not be set aside unless found to be:
(1) Contrary to law or ordinances; or
(2) Unsupported by substantial evidence on the records as a whole; or
(3) Unreasonable.
(e) The findings of the Board of Zoning Appeals shall be final unless appealed within thirty
(30) days of the date of such finding by certiorari to the Superior Court of Fulton County.
Sec. 11. - Records and information to be maintained; display of transaction number;
identification; digital photographs; fingerprints; records storage.
(a) Engaging in the business of buying used or previously owned precious metal s within the
incorporated areas of Milton is hereby declared to affect the public interest due to the
opportunity it affords for the disposal of stolen property.
(b) In the public interest and as set forth herein, all Precious Metals Dealer s shall maintain
records documenting all precious metals transactions as set forth herein.
(1) All Precious Metals Dealers shall maintain records documenting accurate
descriptions of all property sold to the Precious Metals Dealer. Such description
shall include, to the extent possible, the manufacturer, model, serial number, style,
material, kind, color, design, number of stones if jewelry, and all other identifying
names, marks, and numbers. The Precious Metals Dealers shall assign a
transaction number documenting each transaction, and ensure each item received
is tagged with the transaction number.
(2) A well focused, properly exposed, color digital photograph of all property sold to
the Precious Metals Dealer shall be made at the time of acquisition of any article
and of the article’s serial number, which number shall be clearly visible and
readable in the images if imprinted on the article. If the article was never
imprinted with any type of serial number, then the image shall show the entire
article. All such digital images shall be labeled and stored in such a manner that
they are safe from corruption, readily identifiable, and readily available for
review.
(3) The tag bearing the transaction number must remain attached to the item until the
property is disposed of by sale, trade, or other lawful means. This subsection
does not apply to the purchase of property from licensed wholesale or distributor
businesses for the purpose of retail sales; however the precious metals brokers
shall be required to maintain all purchasing records for property exempted from
this subsection.
(4) All Precious Metals Dealer s shall require all persons selling, bartering, or trading
property to show proper identification prior to conducting a Precious Metals
Dealer transaction. Proper identification is defined as a government issued
photo identification card such as a driver's license, military identification card,
state identification card, or passport.
(5) All Precious Metals Dealers shall also document the name, address, telephone
number, race, sex, height, weight, drivers’ license number, date of birth, and
Social Security Number of the person selling, bartering, or trading the property,
along with the date and time of transaction. This documentation shall be made at
the time of the transaction.
(6) All Precious Metals Dealers shall take a well focused, properly exposed, color
digital photograph of the person selling, bartering, or trading the property. The
photograph shall clearly show a frontal view of the subject's face along with the
broker's ticket transaction number. Digital images shall be labeled and stored in
such a manner that they are safe from corruption, readily identifiable, and readily
available for review.
(7) All Precious Metals Dealer s shall obtain from each person selling, bartering, or
trading any property, the fingerprint (using an electronic digital fingerprint
scanner) of the right hand index finger, unless such finger is missing, in which
event the print of the next finger in existence on the right hand shall be obtained
with a notation as to the exact finger printed. The fingerprint shall be imprinted
onto the transaction form in the designated area along with the signature of the
person selling, bartering, or trading the property. The fingerprint must be clear
and legible. In the event that more than one transaction form is required, a
fingerprint and signature shall be obtained for each form. Fingerprints and the
information required herein shall be obtained each time such person sells, barters,
or trades any property.
(8) Items of property that appear to be new, unused, and in their original packaging
cannot be accepted by the Precious Metals Dealer unless the customer can supply
a copy of the original sales receipt, or other proof of purchase from the place of
purchase, to the Precious Metals Dealer who shall retain the receipt or proof of
purchase on file.
(9) All Precious Metals Dealers shall store the above records, digital images, and
digital fingerprints for a period of four (4) years and make them available to law
enforcement personnel upon request.
(10) All Precious Metals Dealers shall enter each transaction as it occurs into the
electronic automated reporting system via the internet to the administrator of the
electronic automated reporting system. The administrator of the electronic
automated reporting system will electronically transmit all transactions to the
Milton Police Department.
Sec. 12. - Daily report to police; required format.
(a) All Precious Metals Dealers shall make a daily report, in such form as may be prescribed
by the Chief of Police, of all Precious Metals Dealer transactions that occurred during 24 hours
ending at 9:00 p.m. on the date of the report.
(b) Daily reports shall list all property bought, sold, bartered or acquired by trade, the
transaction number for each transaction, and a description of the property including, to the extent
possible, the manufacturer, model, serial number, style, material, kind, color, design, number of
stones if jewelry, and any other identifying names, marks, and numbers. The daily report shall
also list the name, address, race, sex, height, weight, driver's license number, date of birth, and
Social Security Number of the person selling, bartering, or trading the property, alon g with the
date and time of the transaction.
(c) All Precious Metals Dealers shall enter each transaction as it occurs into the electronic
automated reporting system via the internet to the administrator of the electronic automated
reporting system. The administrator of the electronic automated reporting system will
electronically transmit all transactions to the police department.
(d) In the event that the electronic automated reporting system becomes temporarily or
permanently disabled, Precious Metals Dealer s will be notified as soon as possible by the Milton
Police Department. In this event, the Precious Metals Dealer will be required to make records of
transactions in paper form as prescribed by the Milton Police Department. Precious Metals
Dealers shall be responsible for maintaining an adequate inventory of these forms.
(e) The Chief of Police or his or her designee shall select and designate the required
automated reporting system and required equipment needed.
Sec. 13. – Property not to be disposed of for 45 days after acquisition; location of property;
police holds.
(a) All property received through any Precious Metals Dealer transaction shall be held for at
least 45 days before disposing of same by sale, transfer, shipment, or otherwise.
(b) All property purchased shall be held and maintained by the Precious Metals Dealer on the
premises of the Precious Metals Dealer or, if impracticable, at such other location as may have
been previously approved in writing by the Chief of Police or his or her designee. The Chief of
Police shall not approve any off-premises storage facilities located outside the city limits of
Milton.
(c) The Milton Police Department has the authority to place property that is the subject of
police investigation on "police hold." In that event, the Milton Police Department shall notify the
Precious Metals Dealer of the need for a police hold and identify all property subject to the
police hold. Upon notification, it shall be the responsibility of the Precious Metals Dealer to
maintain the subject property until such time as the property is released from police hold status
or the property is confiscated as evidence.
Sec. 14. - Dealing with minors.
It shall be unlawful for any Precious Metals Dealer, his or her agents or employees, to receive
through any Precious Metals Dealer any property from minors. A minor, for the purpose of this
article, is an individual 17 years of age or under.
Sec. 15. - Responsibility for enforcement.
The Milton Police Department shall have the responsibility for the enforcement of this article.
Sworn officers of the Milton Police Department and civilian employees designated by the Chief
of Police shall have the authority to inspect establishments licensed under this chapter during the
hours in which the premises are open for business. These inspections shall be made for the
purpose of verifying compliance with the requirements of this article and state law. This section
is not intended to limit the authority of any other Milton officer to conduct inspections
authorized by other provisions of the Code of Milton, Georgia.
Sec. 16. - Penalty for violation.
Any person, firm, company, corporation or other entity who violates any provision of this article
may be subject to arrest or summoned to appear in the Municipal Court of the City of Milton and
upon conviction or other finding of guilt, be punished by a fine of up to $1,000.00 or six months
imprisonment, or both.
Sec. 17. - Severability.
If any portion of this article is declared by a court of competent jurisdiction to be invalid or
unenforceable, such declaration shall not be deemed to affect the remaining portions of this
article.
Sec. 18. - Effective date.
The provisions of this article shall be effective 60 days following the approval by the Mayor and
City Council.
Sec. 19. - Reserved.
ORDINANCE NO. ______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 42, SECONDHAND GOODS, ARTICLE II,
PAWNSHOPS AND BROKERS, AS ATTACHED HERETO AND INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in a Regular called session on the 19th
day of December, 2011 at 6:00 pm. as follows:
SECTION 1. That the Secondhand Goods Ordinance is hereby amended as follows: Sections 42-19
through 42-26 are deleted in their entirety and replaced with the new Ordinance attached hereto as Exhibit
“A” and incorporated herein by reference as if set forth in full; and,
SECTION 2. That this Ordinance shall be designated as Chapter 42, Article II of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 19th day of December, 2011.
Approved:
____________________________
Mayor Joe Lockwood
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
ARTICLE . - PAWNBROKERS AND PAWNSHOPS
Sec. 1. - Purpose.
Sec. 2. - Definitions.
Sec. 3. - Employee permit required.
Sec. 4. - Pawnshop employees.
Sec. 5. - Operation of an unregulated premises unlawful.
Sec. 6. - Renewal of permits.
Sec. 7. - Permit nontransferable.
Sec. 8. - Unlawful operation declared nuisance.
Sec. 9. - Receipt of goods from minors unlawful.
Sec. 10. - Receipt of new in box items unlawful.
Sec. 11. - Application for License; review by city council.
Sec. 12. - Denial of an application.
Sec. 13. - Considerations in hearing of application.
Sec. 14. - Change of location, name, or other information.
Sec. 15. - Revocation and appeal of License.
Sec. 16. - License number.
Sec. 17. - Records and information to be maintained; display of Pawnshop transaction
number; identification; digital photographs; fingerprints; records storage.
Sec. 18. - Daily report to police; required format.
Sec. 19. - Reserved.
Sec. 20. - Conflict of interest of city employees.
Sec. 21. - Additional merchandise.
Sec. 22. - Disposition of articles or goods.
Sec. 23. - Restrictions regarding sale or pledge of building glass or plumbing material.
Sec. 24. - Redemption; lost or damaged goods.
Sec. 25. - Penalties for violation.
Sec. 26. - Business existing on date of adoption of this article.
Sec. 27. - Reserved.
Sec. 1. - Purpose.
The purpose of this article is to regulate the conduct and activities of Pawnshops, as
defined herein, in order to reduce and curtail the criminal activities frequently engendered by
such businesses, to aid the police department in detection and prevention, and to ensure fair
dealing between the Pawnbroker(s) and his or her customers. This article is enacted pursuant to
O. C. G. A. § 44-12-130 et seq. and is intended to augment and strengthen the terms and
provisions of same.
Sec. 2. - Definitions.
The following terms used in this article shall have the meanings indicated below:
Accepted identification: An official document, most commonly in the form of a plastic
coated/sealed card, issued for purposes of identification or driver's license. These documents
must be issued by one of the 50 states or a branch of the U. S. military, i. e. Army, Navy, Air
Force, Marines, Coast Guard, or current State of Georgia and counties of Georgia probation and
parole cards. The identification must at a minimum bear a true photograph of the person
presenting it, date of birth, description of the person, and an address for the person.
City: The City of Milton, Georgia.
Deceptive business practice:
(1) Any use or possession of a false weight or measurement, or any other
device for falsely determining or recording any quality or quantity in connection with any
scale or service;
(2) Any sale of, offer to sell or delivery of less than the represented quality
or quantity;
(3) Any attempt to take more than the represented quantity of any
commodity, when as buyer or broker, he furnishes the weight or measure;
(4) Any service which is of an unreasonably lesser quality than the service
offered or represented;
(5) Any other practice designated as unlawful by O. C. G. A. section 10-1-
390 et seq. ;
(6) Any other fraudulent business transaction which is made punishable by
the laws of the State of Georgia.
Good moral character: A person who has not been convicted of any felony or any crime
involving theft, fraud or a crime against property in the past ten years.
Interest in a Pawnshop: Exists if the person involved or any member of his or her family
is the outright owner of the Pawnshop; a co-owner of the Pawnshop; a partner in a partnership
which owns all or part of the Pawnshop; a stockholder in any corporation organized for
pecuniary gain which owns all or any part of the Pawnshop.
License: Permission to operate a Pawnshop pursuant to grant by the city council. May
also be referred to as a Pawnshop License.
Minor: Any person who has not attained the age of 18 years.
New in box: Any unused item in the original unopened, factory sealed boxes.
Pawn or pledge: A bailment, or personal property or title (including but not limited to
a motor vehicle title) as security for any debt or engagement, redeemable upon certain terms
and with the express or implied power of sale on default.
Pawnbroker: Any person engaged in whole or in part in the business of lending
money on the security of pledged goods, personal property or titles, or in the business of
purchasing tangible personal property or title on the condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period of time, or in the business of
purchasing tangible personal property or title from persons or sources other than the
manufacturers or regulated dealers as a part of or in conjunction with the business activities
described herein.
Pawnshop: Any business wherein a well-defined part thereof is to take or receive, by
way of pledge, pawn or exchange, any goods, wares, merchandise, motor vehicles, or any
kind of personal property or title whatsoever, as security for the repayment of money lent
thereon.
Permit: Permission to be employed or work in a Pawnshop regulated by the police
department.
Person: The term shall extend and be applied to associations, firms, partnerships and
bodies politic and corporate, or any combination thereof, as well as to individuals.
Police department: The City of Milton chief of police or his or her designee.
Sec. 3. - Employee Permit required.
All persons employed or working in a Pawnshop as defined herein shall file an
application with the City for an employee Permit to be employed or work in a Pawnshop.
Such a Permit shall be obtained from the Police department. The Permit fee for each and
every employee shall be $50. 00. The Permit must be renewed annually.
Sec. 4. - Pawnshop employees.
(a) Qualifications. Employees of a Pawnshop, as defined herein, shall not be less
than 18 years of age. Every employee must be of good moral character as defined by this
article. Any employee who has been convicted of any felony or crime involving theft, fraud
or against property shall not be permitted to work on the premises of a Pawnshop for a period
of ten years from the date of such conviction, unless a longer prohibition on such work is
ordered by a court of competent jurisdiction. The term "on the premises" shall include all
work done or services performed in the scope of employment elsewhere than on the regulated
premises.
(b) Disclosure. Every employee must disclose any ownership or Interest in any other
Pawnshop, whether it is sited locally or out-of-state and must disclose the nature of such
ownership or Interest. An Interest in a Pawnshop shall have the meaning set forth in the
Definition section of this Article.
(c) Approval for employment. Before any person may work on the regulated
premises, he shall file a notice with the Police department of his intended employment on
forms setting out the information required in subsections (a) and (b) of this section; and each
applicant must be fingerprinted by the Police department. The City shall have 45 days to
investigate the information submitted by the employee. If the employee is found to be of
Good moral character, the Police department shall grant an approval of employment and issue
an annual personal identification card authorizing the person to be employed by a Pawnshop.
Upon approval the employee may begin working on the regulated premises. It shall be the
duty of the Pawnbroker to insure that the provisions of this section receive compliance. The
employee is required to notify the Police department of any change in information or
circumstances which has occurred since the original approval was granted. If approval is
denied, the applicant may, within ten days, apply in writing to the Police department for
reconsideration setting forth in detail the reasons why reconsideration is warranted. The
decision of the Police department upon reconsideration may be appealed to the City Council
which shall issue such order as is required after notice and hearing. An investigation fee of
$50.00 shall accompany the notice of intended employment, or a receipt of the permitting
officer evidencing the payment of such fee at the time the notice is filed.
(d) Suspension, revocation of the License. Conviction for violating the provisions of
this article or any other ordinance of the City, rules or regulations of the City or conviction for
any felony or any crime involving theft, controlled substances, fraud or a crime against
property shall subject the employee to immediate suspension or revocation of the employee
Permit, and in the case of the Pawnshop establishment or the Pawnbroker shall subject the
license holder to suspension of any License authorized by this article.
(e) Independent contractors. For the purpose of this article, the description or
identification of an employee or worker in a Pawnbroker establishment as an independent
contractor shall not exempt that worker or employee from obtaining all an Employee permit.
Sec. 5. - Operation of an unregulated premises unlawful.
It is unlawful for any person to engage in, conduct or carry on within the City any
Pawnshop, as defined herein, without a Pawnshop License. A proper application for renewal
within the time required must be submitted and such License shall not be under suspension or
permanently or conditionally revoked.
Sec. 6. - Renewal of Licenses.
Licenses may be renewed on a calendar year basis provided that the applicants
continue to meet the requirements set forth in this article. The applicant must file a verified
annual report showing the applicant's gross receipts and the amounts paid to the employees
for the preceding calendar year and such shall be submitted with the renewal applications .
The renewal fee for Licenses shall be $25. 00. Renewal applications shall be submitted by
January 1 of the year for which such License is requested.
Sec. 7. – Permit or License nontransferable.
No License or employee Permit may be sold, transferred or assigned to any other
person, persons or entities. Any such sale, transfer or assignment, or attempted sale, transfer
or assignment, shall be deemed to constitute a voluntary surrender of such License or Permit
and such Permit or License shall thereafter be null and void; provided and excepting,
however, that if the License holder is a partnership and one or more of the partners should die,
one or more of the surviving partners may acquire, by purchase or otherwise, the interest of
the deceased partner or partners without affecting a surrender or terminati on of such License,
and in such case, the License, upon notification to the City, shall be placed in the name of the
surviving partner.
Sec. 8. - Unlawful operation declared nuisance.
Any Pawnshop operated, conducted or maintained contrary to the provisions of this
article shall be declared to be unlawful and a public nuisance. The City may, in addition to,
or in lieu of prosecuting a criminal violation hereunder, commence an action or actions,
proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner
provided by law. It shall take such other steps and shall apply to such court or courts as may
have jurisdiction to grant such relief as will abate or remove such Pawnshop and restrain and
enjoin any person from operating, conducting or maintaining a Pawnshop contrary to the
provisions of this chapter. In addition, violation of the provisions of this article shall be per se
grounds for suspension or revocation of any related permit or License granted hereunder.
Sec. 9. - Receipt of goods from minors unlawful.
It is unlawful for any Pawnbroker, his agents or employees, or any Pawnshop to
receive in pawn, pledge or sale, goods of any character or description from a minor.
Sec. 10. - Receipt of new in box items unlawful.
It is unlawful for any Pawnbroker, his agents or employees, or any Pawnshop to
receive in pawn, pledge or sale, goods of any character or description any item which is a new
in box item and unless a receipt or other proof of purchase is provided.
Sec. 11. - Application for License; review by City Council.
(a) Any person, association, partnership, corporation, trust or joint venture desiring to
obtain a License to operate, engage in, conduct or carry on a Pawnshop as required by this
article shall make application to the finance director through his or her designated
representative.
(b) Each application for a Pawnshop License shall contain the following information:
(1) The owner(s)'s full true and legal name(s) and any other aliases or name
changes used in the last five years.
(2) The present address and telephone number of the owner(s).
(3) Acceptable written proof that the owner(s) is at least 18 years of age.
(4) Business, occupation or employment history of the owner(s) for the five
years immediately preceding the date of the application.
(5) The Pawnshop license history of the owner(s) and whether, in previous
operations in this or any other city, state or territory, the owner(s) has had such license
revoked or suspended. If such license has been revoked or suspended, the owner(s)
must state the reason, and the business activity or occupation subsequent to such
action of suspension or revocation.
(6) If the owner(s) is a corporation, the name of the corporation shall be set
forth exactly as shown in its articles of incorporation or charter, together with place
and date of incorporation, and the names and addresses of each of its current officers
and directors. If the owner(s) is a partnership, the applicant shall set forth the name,
residence address and dates of birth of the partners. If the owner(s) is a limited
partnership, it shall furnish a copy of its certificate filed with the county clerk or
secretary of state. If one or more of the partners is a corporation, the provisions of this
subsection pertaining to corporations shall apply. The owner corporation(s) or
partnership(s) shall designate one of its officers or general partners to act as its
responsible managing officer. Such designated persons shall complete and sign all
application forms required of an individual owner under this article, but only one
application fee shall be charged.
(7) If any of the owners have been convicted of any crime involving moral
character in the past ten years, the owner must provide a complete description of any
such crime including date of violation, date of conviction, jurisdiction and any
disposition, including any fine or sentence imposed and whether the terms of the
disposition have been fully completed.
(8) If the owner is a person doing business under a trade name, a copy of the
trade name, properly recorded, must be provided. If owner is a corporation, a copy of
authority to do business in Georgia, including articles of incorporation, trade name,
affidavit, if any, and the last annual report, if any, must be provided.
(9) At least three character references from individuals who are not related to
the owners and who are not or will not benefit financially in any way from the
application if the License is granted and who have not been convicted of any crime
involving moral character. The finance department shall prepare forms, consistent
with the provisions of this article, for the owner who shall submit all character
references on such forms.
(10) Address of the premises to be regulated.
(11) A plat of survey prepared and sealed by a surveyor registered in the state
of Georgia certifying that the location is no closer than 5,000 feet to the following: (a)
another Pawnshop, (b) structure in residential use, (c) public or private school, (d)
public or private park or recreation facility, (e) public library branch, (f) church or
similar place of religious worship, (g) public or private hospital or mental health care
facility, (h) or child care or day care facility. The distance requirements described
herein shall be measured in a straight line from the closest point of the property line of
the site proposed to be occupied by the Pawnshop to the closest property line of any
use or structure identified herein.
(12) Whether the premises are owned or rented.
(13) Nature and character of the business to be conducted.
(14) Each application for a Pawnshop License shall be verified and
acknowledged under oath to be true and correct by all owners.
(15) The owners must disclose any ownership Interest in any other Pawnshop,
whether it is located locally or out-of-state and must disclose the nature of such
Interest.
(16) The owner(s) must certify that there are no fees, taxes, fines, utilities or
other charges due to the City.
(17) Any other information that may be required by the finance director or
Police department such as source of financing for the business operation.
(c) The owners' representative shall personally appear at the City and shall present the
application containing the above-referenced information.
(d) The City shall have 45 days to investigate the application and background of the
applicant.
(e) Upon completion of the review of the application by the finance department and
the Police department, the matter shall be placed on an agenda for consideration by the Mayor
and Council who may grant or deny the application consistent with this article. A denial of
the application may be appealed to superior court.
Sec. 12. - Denial of an application.
The finance director may recommend rejection, and the City Council may deny an
application which shows any of the following exist:
(1) The required fees or taxes have not been paid.
(2) The Pawnshop will be located within 5,000 feet of another Pawnshop, structure in
residential use, public or private school, public or private park or recreation facility, public
library branch, church or similar place of religious worship, public or private hospital o r
mental health care facility, or child care or day care facility.
(3) The application does not conform to all the provisions required by the article.
(4) The owner has failed to fully cooperate with the investigation required by this
article.
(5) Any owner has had any Pawnshop or Pawnbroker License issued under the police
powers of any county, municipality, or other governmental subdivision suspended or revoked
within the last ten years for the reason related to good moral character as defined herein.
(6) The owner, as a previous holder of a Pawnshop or Pawnbroker License has
violated any law, regulation or ordinance relating to the business, within a ten-year period
immediately preceding the date of the application.
(7) Any owner has been convicted in a court of competent jurisdiction within the last
ten years of an offense involving any felony or any crime involving theft, fraud or against
property or convicted in any state of any offense which if committed or attempted in this
state, would have been punishable as one or more of the above-mentioned offenses.
(8) Any owner has engaged in any deceptive business practice as defined herein.
(9) Any owner is less than 18 years of age.
(10) Any owner is not to be Good moral character as defined herein.
(11) Any owner has failed to obtain any paper or document necessary in pursuance of
this business or this application as may be required by any officer, agency or department of
the city, county, state or United States under authority of any law, ordinance or resolution of
the city, state or United States.
Sec. 13. - Considerations in hearing of application.
In considering whether or not a License applied for shall be granted, the following
shall be considered by Mayor and Council in the public interest and welfare:
(1) If any owner is a previous holder of a License, the manner in which he or she
conducted the business thereunder as to the necessity for unusual police observation and
inspection in order to prevent the violation of any law, regulation or ordinance relating to the
business.
(2) The location for which the License is sought as to traffic congestion, general
character of the neighborhood and the effect such an establishment would have on the
adjacent and surrounding property values.
(3) The number of Licenses already granted for similar businesses in the City and the
place for which the License is sought.
Sec. 14. - Change of location, name, or other information.
(a) No Pawnbroker shall move from the location specified on its License until a
change of location fee, established by City Council, has been deposited with the City and
approval has been obtained from the finance department for the City. Such approval shall not
be given unless all requirements and regulations, as contained in the City's code, have been
met.
(b) No owner shall operate, conduct, manage, engage in, or carry on a Pawnbroker
business under any name other than his name and the name of the business as specified on the
License.
(c) The owner shall notify the Police department of any change in the information,
material or data set out in the original application.
Sec. 15. - Revocation and appeal of License.
(a) The City Council shall be authorized to suspend, revoke or place on probation with
or without conditions, any License previously granted herein, upon hearing, with at least five
days' written notice mailed to the owner at the Licensed establishment or upon one or more
the following: as
(1) An owner gave false or misleading information in the original application
process;
(2) An owner commits a deceptive business practice as defined herein;
(3) An owner has knowingly allowed the continuous violation of an ordinance
of the city or other law of the State of Georgia to occur on the premises;
(4) An owner has violated any provision of the Pawnbroker ordinance;
(5) An owner has been convicted of any felony or any crime involving theft,
fraud or against property, by the State of Georgia or the city regarding an offense
which was committed on the premises or which would otherwise violate the
provisions of this article;
(6) An owner fails to pay any fee, occupation tax, fine or other amount of
money due to the city under this article or any other ordinance of the city;
(7) An owner has failed to obtain, or has suffered the expiration, suspension or
revocation of any paper or document necessary in pursuance of its business as may be
required by any officer, agency, authority, or department of the city, state, or United
States under authority of any law, ordinance or resolutions of the city, state or the
United States;
(8) An owner made any misrepresentation of fact, whether through
advertisement or through any form of direct communication oral or written, which is
intended to mislead the public or to mislead any party with whom the owner deals in
pursuance of the regulated business. The term misrepresentation of fact as used herein
shall embrace not only express misrepresentations but also misrepresentations arising
by virtue of the owner's conduct, including acts and omissions;
(9) An owner has failed to make an entry of any material matter in his
permanent record book; or falsified, obliterated, destroyed or removed from his place
of business such permanent record book;
(10) An owner has failed to submit the daily report to the police department
within the prescribed time; or has submitted an illegible, incomplete or improper daily
report to the police department;
(11) An owner has refused to allow any duly authorized law enforcement
officer to inspect his permanent record book, his daily report or any goods in his
possession during the ordinary hours of business or at any reasonable time;
(12) An owner has failed to maintain a record of each pawn transaction, and
fingerprints and photographs for at least four years;
(13) An owner has accepted a pledge or purchase of property from a person
under the age of 18 years or who the owner knows is not the true owner of such
property;
(14) An owner has made an agreement requiring the personal liability of the
pledgor or seller or waiving any of the provisions of this part or providing for a
maturity date less than one month after the date of the pawn transaction; or
(15) An owner has failed to return or replace the pledged goods to the pledgor
or seller upon payment of the full amount due the owner unless the pledged goods
have been taken into custody by a court or law enforcement officer or agency.
(c) The decision of mayor and city council shall be final.
Sec. 16. - License number.
Each owner hereunder shall have printed on the front window of the regulated
premises the inscription, "City of Milton Pawnshop License Number ____________" in
uniform letters not less than three inches in height.
Sec. 17. - Records and information to be maintained; display of Pawnshop transaction
number; identification; digital photographs; fingerprints; records storage.
(a) All Pawnbrokers shall maintain records documenting accurate descriptions of all
property pledged, traded, pawned, exchanged, or sold to the Pawnbroker. Such description
shall include, to the extent possible, the manufacturer, model, serial number, style, material,
kind, color, design, number of stones if jewelry, and all other identifying names, marks, and
numbers. The Pawnbroker shall assign a Pawnshop transaction number documenting each
transaction, and ensure each item received is tagged with the Pawnshop transaction number.
(b) The tag bearing the Pawnshop transaction number must remain attached to the
item until the property is disposed of by sale, trade, or other lawful means . This paragraph
does not apply to the purchase of property from licensed wholesale or distributor businesses
for the purpose of retail sales; however the Pawnbroker shall be required to maintain all
purchasing records for property exempted from this paragraph.
(c) The Pawnbroker shall require all persons pledging, trading, pawning, exchanging,
or selling property to show proper identification prior to conducting a Pawnshop transaction.
Proper identification is defined as a government-issued photo identification card such as a
driver's license, military identification card, state identification card, or passport.
(d) The Pawnbroker shall also document the name, address, telephone number, race,
sex, height, weight, driver's license number, date of birth, and social security number of the
person pledging, trading, pawning, exchanging, or selling the property, along with the date
and time of transaction. This documentation shall be made at the time of the transaction.
(e) At the time of acquisition of the property by the Pawnbroker, the Pawnbroker shall
make and store a well focused, properly exposed, digital photograph of the person pledging,
trading, pawning, exchanging, or selling the property. The photograph shall clearly show a
frontal view of the subject's face along with the Pawnbroker's ticket transaction number.
Digital images shall be labeled and stored in such a manner that they are safe from corruption,
readily identifiable, and readily available for review. Such images shall be stored for a
minimum period of 4 years from the date of creation.
(f) The Pawnbroker shall obtain from each person pledging, trading, pawning,
exchanging, or selling any property, the fingerprint (using an electronic digital fingerprint
scanner) of the right hand index finger, unless such finger is missing, in which event the print
of the next finger in existence on the right hand shall be obtained with a notation as to the
exact finger printed. The fingerprint shall be imprinted onto the pawn transaction form in the
designated area along with the signature of the person pawning, trading, pledging,
exchanging, or selling the property. The fingerprint must be clear and legible. In the event
that more than one pawn transaction form is required, a fingerprint and signature shall be
obtained for each form. Fingerprints and the information required herein shall be obtained
each time such person pledges, trades, pawns, exchanges, or sells any property.
(g) Items of property that appear to be new, unused, and in their original packaging
cannot be accepted by the Pawnbroker unless the customer can supply a copy of the original
sales receipt, or other proof of purchase from the place of purchase, to the Pawnbroker who
shall retain the receipt or proof of purchase on file.
(h) The Pawnbroker shall store the above records, digital images, and digital
fingerprints for a period of four years and make them available to law enforcement personnel
upon request.
(i) Every Pawnshop shall enter each transaction as it occurs into the electronic
automated reporting system via the internet to the administrator of the electronic automated
reporting system. The administrator of the electronic automated reporting system will
electronically transmit all transactions to the City Police department.
Sec. 18. - Daily report to police; required format.
(a) Every Pawnbroker shall make a daily report in such form as may be prescribed
by the chief of police, of all Pawnshop transactions that occurred during 24 hours ending at
9:00 p. m. on the date of the report.
(b) Daily reports shall list all property pledged, traded, pawned, exchanged, or sold,
the pawn transaction number for each transaction, and a description of the property including,
to the extent possible, the manufacturer, model, serial number, style, material, kind, color,
design, number of stones if jewelry, and any other identifying names, marks, and numbers.
The daily report shall also list the name, address, race, sex, height, weight, driver's license
number, date of birth, and social security number of the person pledging, trading, pawning,
exchanging, or selling the property, along with the date and time of the transaction.
(c) Every Pawnshop shall enter each transaction as it occurs into the electronic
automated reporting system via the internet to the administrator of the electronic automated
reporting system. The administrator of the electronic automated reporting system will
electronically transmit all transactions to the city police department.
(d) In the event that the electronic automated reporting system becomes temporarily or
permanently disabled, Pawnshops and Pawnbrokers will be notified as soon as possible.
Pawnshops that incur electronic system failures or other events that would cause partial or
complete loss of electronic reporting should notify the police department forthwith with the
reason of the failure. In this event, the Pawnbrokers will be required to make records of
transactions on paper forms. A digital camera will be used to collect the required pictures and
transferred to a CD for submittal. The paper forms must include information as enumerated
in section 17. Pawnbrokers shall maintain a minimum three-day supply of these paper forms.
On a daily basis, all transactions not reported in electronic automated reporting system, will
be delivered to the police department by the Pawnshop within two hours of the end of the
business day for every day until the event has been corrected.
(e) The Chief of Police or his or her designee shall designate the required automated
reporting system and required equipment needed. There will be a regulatory fee assessed to
each Pawnshop for each reported transaction: said fee shall be an amount set by the chief of
police equal to that charged by the administrator. This fee will be invoiced to the Pawnbroker
and collected by the chief of police or his or her designee, which may be a third party
administrator of the automated reporting system.
Sec. 19. - Reserved.
Sec. 20. - Conflict of interest of city employees.
(a) No employee of the city who has any interest in a Pawnshop, as defined herein,
shall be assigned to work in an area or division of the city which regulates the business of
Pawnshops.
(b) No employee of the city with regulating authority may own, work in or be
employed (paid or unpaid) by a Pawnshop inside the city limits of the city. Regulating
authority, for purposes of this article, is defined as any person involved in or assigned to the
inspection of the premises, approval of the License or Pawnbroker permits; and granting or
denying of such applications or permits, or enforcement of this article and its provisions such
as law enforcement or police officers.
(c) No employee of the city with regulating authority as defined herein, may regulate a
Pawnshop where such is owned or operated by any person related to the employee of the city
within a third degree of kinship. The term third degree of kinship shall include, for purposes
of this article, children, grandchildren, mother, father, brothers and sisters, aunts and uncles,
first cousins and in-laws.
(d) The definition of employees does not include elected officials of the city.
(e) All persons already engaging in the operation of or employment by a Pawnshop
prior to the effective date of this article shall be exempt from the provisions of this section,
and shall be allowed to continue such operation or employment, provided they meet all the
other conditions imposed by this article.
Sec. 21. - Additional merchandise.
A Pawnbroker selling goods other than those pledged may add new merchandise to his
stock of the same type as that on which loans are made, up to a value of $1,000 .00 per month,
without having to pay an additional occupation tax as would otherwise be imposed according
to the terms of the business taxes of the city. The Pawnbroker must maintain all records,
invoices, and bills of sale on such merchandise which shall be subject to inspection and
review by any duly authorized law enforcement. No article(s) shall be maintained on the
premises for sale on a consignment basis for any citizen, employee or Pawnbroker.
Sec. 22. - Disposition of articles or goods.
Any Pawnbroker who takes goods on pawn or buys goods, taking full title thereto, the
words goods being here used in the broadest sense and including all kinds of personal
property, shall hold those goods so taken in pawn or purchased for at least 45 days or longer if
directed by the Police department before disposing of same by sale, transfer, shipment or
otherwise. All property and/or titles taken in pawn or purchased must be kept on the premises
where such items were pawned or purchased. These articles/titles will be maintained in an
area not accessed by customers. Failure to comply with this section shall constitute a
violation of this code section, as defined herein.
Sec. 23. - Restrictions regarding sale or pledge of building glass or plumbing material.
(a) Generally. It is unlawful for Pawnbrokers to purchase, advance money on, or take
in pawn, glass taken from buildings, such as mantel mirrors, art glass and the like, o r copper
wire, copper linings of bathtubs, lead pipes or any kind of plumbing materials sold as junk,
where same is offered for sale or pawned by other than persons of known good character.
Sec. 24. - Redemption; lost or damaged goods.
Any person properly identifying himself/herself and presenting a pawn ticket to the
Pawnbroker shall be presumed to be the pledgor or seller and shall be entitled to redeem the
pledged goods described in such ticket. In the event such pledged goods are lost or damaged
while in the possession of the Pawnbroker, it shall be the responsibility of the Pawnbroker to
replace the lost or damaged goods with like kinds of merchandise and proof of replacement
shall be a defense to prosecution. For the purposes of this subsection, lost includes destroyed
or having disappeared because of any cause, whether known or unknown, that results in the
pledged goods being unavailable for return to pledgor.
Sec. 25. – Business Hours; Sunday Operation Prohibited.
No Pawnbroker shall open his place of business of conduct any business therein
between the hours of 9:00 p.m. and 8:00 a.m.; provided however, that such place of business
may remain open until 10:00 p.m. on Fridays and Saturdays. Notwithstanding the foregoing
sentence, no Pawnbroker shall open his place of business or conduct any business therein on
Sundays.
Sec. 26. – Duties of Pawnbroker.
(a) It is unlawful for Pawnbrokers or employees thereof to purchase any goods, or
to advance any money thereon, where their appearance indicates they have been tampered
with, or there is an effort to conceal identity, or same are mutilated, or otherwise show an
effort to destroy evidence of the former location of the property. It shall be the duty of every
person operating or employed by a Pawnbroker’s License, to report to the Chief of Police or
his or her duly authorized agent any such article or goods sold or pawned to him.
(b) It shall be the duty of every person operating or employed by a Pawnbroker’s
License, to report to the Chief of Police or his or her duly authorized agent any article or
goods sold or pawned to him if he shall or reasonably should have a reason to believe that the
article or goods was stolen or lost when presented by the seller or customer.
(b) While the goods are being kept for 45 days before being disposed of, they shall be
so arranged that they can be inspected by members of the police department on demand and
the article location(s) shall be annotated in records readily available for inspection by the
police department. Failure to comply with this section shall constitute a violation of this
Article.
Sec. 27. - Penalties for violation.
Any person violating the provisions of this article shall be guilty of a misdemeanor
punishable pursuant to 1-5. In addition to such fine or imprisonment, any person failing to
comply with any provision of this article, or other laws, ordinances or regulations as may be
passed by City Council in regulating the conduct of the business of a Pawnbroker, shall be
grounds for immediate suspension or revocation of the License hereunder.
Sec. 28. - Business existing on date of adoption of this article.
All persons already engaging in the business of operating a Pawnshop prior to the
effective date of this article shall file an application in accordance with the terms of this
article by January 1 for the first year in which such License is requested, and each year
thereafter, on January 1 of the year for which such License is requested in accordance with
the renewal provisions set forth in this article. If the City Council shall determine that the
application filed pursuant to this subsection should be denied the applicant may continue to
operate his or her business until the conclusion of the year in which they have a License to
operate.
Sec. 29. - Reserved.
City of Milton
13000 Deerfield Parkway, Suite 107C Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: December 7, 2011 for Submission onto the December 19, 2011 Mayor and City
Council Meeting
Agenda Item: Resolution to adopt the 2012 Zoning and Use Permit, Planning Commission,
Zoning Modification, Board of Zoning Appeals, Historic Preservation Commission
and the City of Milton Design Review Board Schedules.
CMO (City Manager’s Office) Recommendation:
To approve the attached resolution to adopt the following: 2012 Zoning and Use Permit,
Planning Commission, Zoning Modification, Board of Zoning Appeals, Historic Preservation
Commission and the City of Milton Design Review Board Schedules.
Background:
To ensure that all the boards and commissions related to Community Development meet
regularly throughout the year, new schedules need to be approved by the Mayor and City
Council.
Discussion:
The approval of these schedules allows staff to plan and prepare for reports and
recommendations that goes to each Board or Commission. The schedules are posted so that
applicants can submit their applications at the correct time. Attempts have been made to avoid
major holidays and school closings. Lastly, the general public can plan to attend meetings as
they deem necessary.
Alternatives:
Approve, Approve with Changes, Deny, Table
Concurrent Review:
Chris Lagerbloom, City Manager
Sudie Gordon, City Clerk
Page 1 of 7
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION ADOPTING THE CITY OF MILTON 2012 ZONING AND USE
PERMIT SCHEDULE, PLANNIN COMMISSION SCHEDULE, ZONING
MODIFICATION SCHEDULE, BOARD OF ZONING APPEALS SCHEDULE,
HISTORIC PRESERVATION COMMISSION AND THE DESIGN REVIEW BOARD
SCHEDULE
The Council of the City of Milton hereby resolves while in regular session on the 19th day of
December, 2011 at 6:00 pm:
SECTION 1. That the Rezoning and Use Permit Schedule is hereby approved as
attached;
SECTION 2. That the Planning Commission Schedule is hearby approved as attached;
SECTION 3. That the Zoning Modification Schedule is hereby approved as attached;
SECTION 4. That the Board of Zoning Appeals Schedule is hereby approved as
attached;
SECTION 5. That the Historic Preservation Commission Schedule is hereby approved
as attached;
SECTION 6. That the Design Review Board Schedule is hereby approved as attached;
SECTION 7. That this approval be effective December 19th, 2011.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 19th day of December,
2011.
Approved:
__________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(SEAL)
Page 2 of 7
2012
City of Milton
Rezoning/Use Permit Schedule
Application Filing
Deadline
(1st Tuesday)
Community
Zoning
Information
Meeting (CZIM)
7 P.M.
Design
Review Board
Meeting
6 P.M.
Planning
Commission
Meeting
7 P.M.
City Council
(Zoning Agenda)
6 P.M.
12/6/11 1/4/12*** 1/3/12 1/24/12 2/22/12*
1/3/12 1/25/12 2/7/12 2/28/12 3/19/12
2/7/12 2/29/12*** 3/6/12 3/27/12 4/23/12**
3/6/12 3/28/12 4/10/12*** 4/24/12 5/21/12
4/3/12 4/25/12 5/1/12 5/22/12 6/18/12
5/1/12
5/23/12 6/5/12 6/26/12 7/16/12
6/5/12 6/27/12 7/10/12*** 7/24/12 8/20/12
7/3/12 7/25/12 8/7/12 8/28/12 9/17/12
8/7/12 8/29/12 9/4/12 9/25/12 10/1/12
9/4/12 9/26/12 10/2/12 10/23/12 11/19/12
10/2/12 10/24/12 11/6/12 11/27/12 12/17/12
11/6/12 11/28/12 12/4/12 12/19/12*** 1/21/13
12/4/12 1/2/13*** 1/8/13 1/22/13 2/20/13***
* Indicates a Wednesday Meeting
** Indicates a 4th Monday based on Spring Break
***Indicates a change in normal schedule based on Holidays
Page 3 of 7
2012
City of Milton
Planning Commission Schedule
4th Tuesday of the month unless otherwise indicated
7:00 P.M.
Application Filing
Deadline
(1st Tuesday)
Planning
Commission
Meeting
7 P.M.
12/6/11 1/24/12
1/3/12 2/28/12
2/7/12 3/27/12
3/6/12 4/24/12
4/3/12 5/22/12
5/1/12
6/26/12
6/5/12 7/24/12
7/3/12 8/28/12
8/7/12 9/25/12
9/4/12 10/23/12
10/2/12 11/27/12
11/6/12 12/19/12***
12/4/12 1/22/13
***Indicates a change in normal schedule based on Holidays
Page 4 of 7
2012
City of Milton
Zoning Modification Schedule
(City Council Agenda)
3rd Monday of the month unless otherwise indicated
6:00 P.M.
Application Filing Deadline
5 P.M.
(1st Tuesday)
City Council
(Zoning Agenda)
6 P.M.
12/6/11 1/23/12**
1/3/12 2/22/12*
2/7/12 3/19/12
3/6/12 4/23/12**
4/3/12 5/21/12
5/1/12
6/18/12
6/5/12 7/16/12
7/3/12 8/20/12
8/7/12 9/17/12
9/4/12 10/1/12
10/2/12 11/19/12
11/6/12 12/17/12
12/4/12 1/21/13
* Indicates a Wednesday Meeting
** Indicates a 4th Monday based on Holidays
Page 5 of 7
2012
City of Milton
Board of Zoning Appeals Schedule
(3rd Tuesday)
7 P.M.
Application Filing Deadline
5 P.M.
(1st Tuesday)
Design Review Board
6 P.M.
Board of Zoning Appeals
Meeting
7 P.M.
(3rd Tuesday)
12/6/11 1/3/12 1/17/12
1/3/12 2/7/12 2/21/12
2/7/12 3/6/12 3/20/12
3/6/12 4/10/12 4/17/12
4/3/12 5/1/12 5/15/12
5/1/12
6/5/12 6/19/12
6/5/12 7/10/12 7/17/12
7/3/12 8/7/12 8/21/12
8/7/12 9/4/12 9/18/12
9/4/12 10/2/12 10/16/12
10/2/12 11/6/12 11/20/12
11/6/12 12/4/12 12/18/12
Page 6 of 7
2012
City of Milton
Historic Preservation Commission Schedule
(1st Wednesday)
6 P.M.
Application Filing Deadline
5 P.M.
(15 days prior to meeting)
Historic Preservation
Commission
6 P.M.
12/20/11 1/4/12
1/17/12 2/1/12
2/21/12 3/7/12
3/20/12 4/4/12
4/17/12 5/2/12
5/22/12 6/6/12
6/26/12 7/11/12*
7/17/12 8/1/12
8/21/12 9/5/12
9/18/12 10/3/12
10/23/12 11/7/12
11/20/12 12/5/12
*Indicates the 2nd Wednesday based on Holiday
Page 7 of 7
2012
City of Milton
Design Review Board
(1st Tuesday)
6 P.M.
Application Filing Deadline
5 P.M.
(3rd Tuesday of prior month)
City of Milton Design Review
Board
6 P.M.
12/20/11 1/3/12
1/17/12 2/7/12
2/21/12 3/6/12
3/20/12 4/10/12*
4/17/12 5/1/12
5/15/12 6/5/12
6/19/12 7/10/12*
7/17/12 8/7/12
8/21/12 9/4/12
9/18/12 10/2/12
10/16/12 11/6/12
11/20/12 12/4/12
*Indicates a change in normal schedule based on Holidays