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04-23-2012-Packet
Page 1 of 3 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 Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, April 23, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Chaplain Remco Brommet, Chaplain for the City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 12-088) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the March 12, 2012 Work Session Minutes. (Agenda Item No. 12- 089) (Sudie Gordon, City Clerk) 2. Approval of the March 19, 2012 Regular Council Minutes. (Agenda Item No. 12-090) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2012 Page 2 of 3 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 February, 2012. (Agenda Item No. 12- 091) (Stacey Inglis, Finance Director) 4. Approval of Financial Statements for the Period Ending March, 2012. (Agenda Item No. 12- 092) (Stacey Inglis, Finance Director) 5. Approval of a Professional Services Agreement between BM&K, P.C. and the City of Milton for Right of Way and Easement Acquisition Services for Intersection Improvements at Hopewell Road/Cogburn Road at Francis Road/Hopewell Road. (Agenda Item No. 12- 093) (Carter Lucas, Public Works Director) 6. Approval of a Professional Services Agreement between S&ME, Inc. and the City of Milton for Full-Depth Reclamation Pavement Design for 2012 Road Reconstruction. (Agenda Item No. 12- 094) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Building Safety Month May 2012. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Bike to Work Month May 2012. (Presented by Councilmember Lance Large) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. RZ12-04/VC12-01 – 12990 GA Hwy 9 (Outparcel 3) (22-52701047-276-5) by Webb Road Promenade, LLC to Rezone from MIX (Mixed Use) to C-1 (Community Business) to Develop a 3,321 Square Foot Dry Cleaners and Request a Concurrent Variance to Reduce the 20 Foot Landscape Strip to 10 Feet Along Hwy 9 (Sec. 64-1090(a)). (Agenda Item No. 12-082) (First Presentation on April 9, 2012) (Robyn MacDonald, City Planner) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2012 Page 3 of 3 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. RZ12-02 – Ordinance to Adopt the Corrected City of Milton Zoning Map as Indicated on the Geographical Information System (GIS) Including All Zoning Actions Prior to January 1, 2012 as Shown on “Current Zoning Map Dated January 2012”. (Agenda Item No. 12-083) (First Presentation on April 9, 2012) (Robyn MacDonald, City Planner) 3. RZ12-03 – Ordinance to Amend Article XVIII of Chapter 64 of the City Code – Historic Preservation Commission. (Agenda Item No. 12-084) (First Presentation on April 9, 2012) (Discussed at April 16, 2012 Work Session) (Robyn MacDonald, City Planner) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of a Resolution to Adopt the Highway 9/GA 400 Livable Centers Initiative (LCI) Plan. (Agenda Item No. 12- 095) (Council and Planning Commission Joint Work Session Held On March 12, 2012) (Planning Commission Held On March 27, 2012) (Planning Commission Work Session Held On April 10, 2012) (Council Work Session Held On April 16, 2012) (Michele McIntosh-Ross, City Planner) 2. Approval of a Resolution of the City of Milton, Georgia Enacting a Moratorium for 270 Days on the Enforcement of the License and Indemnity Bond Requirement Associated with the Precious Metals Dealer Permit Required for Precious Metals Dealers in the City of Milton. (Agenda Item No. 12-096) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12-097) 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: April 23, 2012 City Council Meeting Agenda Item: Financial Statements for Period 5 –February 2012 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 8.1% higher than anticipated for the fifth period of the fiscal year. Total expenditures to‐date are $8,144,928 and are 1.32% 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 $10,889,671, capital expenditures‐to‐date total $577,241. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $15,825 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending February 2012 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,362,600 74,282 68,400 5,882 255,185 240,800 14,385 Motor Vehicle Tax 495,000 43,266 41,250 2,016 179,688 165,000 14,688 Intangible Tax 160,000 16,063 13,333 2,730 80,975 53,333 27,642 Real Estate Transfer Tax 37,000 2,538 3,083 (545) 12,864 12,333 530 Franchise Fees 1,700,000 26,466 25,500 966 317,351 306,000 11,351 Local Option Sales Tax 3,650,000 315,318 304,167 11,151 1,301,176 1,216,667 84,510 Alcohol Beverage Excise Tax 275,000 20,082 22,917 (2,835) 95,086 91,667 3,419 Business & Occupation Tax 550,000 66,533 66,000 533 110,428 110,000 428 Insurance Premium Tax 825,000 - - - - - - Financial Institution Tax 26,000 19,389 19,500 (111) 19,389 19,500 (111) Penalties & Interest 64,500 6,714 6,380 334 21,664 15,425 6,239 Alcohol Beverage Licenses 140,000 800 800 - 135,159 134,400 759 Other Non-Business Permits/Licenses 11,700 575 1,092 (517) 4,584 4,792 (208) Zoning & Land Disturbance Permits 20,000 1,900 1,667 233 7,403 8,333 (931) Building Permits 175,000 31,759 14,583 17,175 101,065 72,917 28,148 Other Charges for Service 343,640 43,472 25,970 17,502 157,192 129,850 27,342 Municipal Court Fines 451,000 37,613 28,208 9,405 182,566 187,917 (5,350) Interest Earnings 15,000 1,418 1,250 168 8,238 6,250 1,988 Contributions & Donations - - - - 5,875 - 5,875 Other Revenue 54,940 4,081 4,578 (497) 28,858 22,892 5,967 Other Financing Sources 34,000 - - - - - - Total Revenue 17,390,380 712,269 648,678 63,590 3,024,746 2,798,075 226,671 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 169,170 11,417 12,675 (1,257) 63,015 67,386 (4,372) Clerk of the Council 298,850 15,975 17,308 (1,333) 167,703 168,971 (1,268) City Manager 294,937 26,017 26,156 (139) 121,869 121,981 (113) General Administration 34,110 2,465 2,843 (378) 15,289 14,213 1,077 Finance 495,873 52,284 52,332 (48) 208,397 200,133 8,264 Legal 220,000 24,205 18,333 5,871 64,083 55,000 9,083 Information Technology 535,557 67,274 60,736 6,538 284,374 288,511 (4,136) Human Resources 251,523 18,901 18,932 (30) 95,955 100,105 (4,150) Ri k M t 191 500 26 548 15 958 10 590 87 432 79 792 7 640 Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 191,500 26,548 15,958 10,590 87,432 79,792 7,640 General Government Buildings 564,989 41,509 47,082 (5,573) 269,414 277,949 (8,535) Public Information & Marketing 90,910 5,571 9,541 (3,969) 35,990 37,900 (1,910) Municipal Court 231,274 16,351 17,601 (1,250) 87,963 93,694 (5,731) Police 2,912,020 198,004 247,763 (49,760) 1,185,188 1,196,844 (11,656) Fire 4,381,219 304,736 358,748 (54,012) 1,846,145 1,871,491 (25,347) EMS Operations 140,988 11,021 11,749 (728) 55,104 58,745 (3,641) Public Works 1,540,706 86,720 125,301 (38,580) 515,954 540,241 (24,287) Parks & Recreation 356,292 16,343 27,900 (11,557) 112,642 144,972 (32,331) Community Development 798,035 57,583 60,537 (2,954) 315,489 321,196 (5,707) Debt Service - Capital Lease Payment 857,231 - - - 807,310 807,310 - Operating Transfers to Other Funds 4,180,048 339,699 339,699 0 1,698,495 1,698,495 (0) Operating Reserve 144,019 - - - - - - Total expenditures 18,689,251 1,322,624 1,471,194 (148,570) 8,037,810 8,144,928 (107,118) Net Income/(Loss)(1,298,871) (610,355)(5,013,064) Fund Balance - Beginning 9,295,628 Fund Balance - Ending 4,282,564 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 4,000$ -$ 1,034$ (2,966)$ Earth Day Vendor Fee 240 - - (240) Interest Revenues 100 6 29 (71) Milton Roundup Sponsor 12,000 - 3,000 (9,000) Earth Day Sponsor - 1,000 1,000 1,000 Concert Sponsor 1,500 - - (1,500) T-shirt Sales 250 - 169 (81) Mayor's Run Reg. Fees 5,240 - 2,229 (3,011) Contributions & Donations - - - - Total revenues 23,330$ 1,006$ 7,461$ (15,869)$ EXPENDITURES Current: Special Events 86,280$ -$ 36,730$ 49,550$ Total Expenditures 86,280$ -$ 36,730$ 49,550$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 4,335$ 16,392$ (13,608)$ Total other financing sources and uses 30,000$ 4,335$ 16,392$ (13,608)$ Net change in fund balances (32,950)$ (12,878)$ Fund balances - beginning 62,563 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2012 gg Fund balances - ending 49,686$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - 144 7,559 7,559 Cash Confiscations/HIDTA - - Interest Revenues/State Funds - 10 34 34 Interest Revenues/Federal Funds 1 4 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 156$ 7,597$ 7,593$ EXPENDITURES Current: Police -$ -$ 6,535$ (6,535)$ Total Expenditures -$ -$ 6,535$ (6,535)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 1,062$ Fund balances - beginning 89,270 Fund balances - ending 90,332$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2012 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$ 31,752$ 235,368$ (464,632)$ Interest Revenue - 59 289 289 Total revenues 700,000$ 31,812$ 235,657$ (464,343)$ EXPENDITURES Current: Public Safety 681,400$ 1,715$ 351,318$ 330,082$ Total Expenditures 681,400$ 1,715$ 351,318$ 330,082$ OTHER FINANCING USES Unallocated 18,600$ -$ -$ (18,600)$ Total other financing sources and uses 18,600$ -$ -$ (18,600)$ Net change in fund balances -$ (115,661)$ Fund balances - beginning 604,821 Fund balances - ending 489,160$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2012 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 30,096$ 8,738$ 8,738$ (21,358)$ Byrne-JAG Grant - 14,618 14,618 14,618 GDCC Mini Grants - 3,600 3,600 3,600 Interest Revenues - 3 4 4 Total revenues 30,096$ 26,958$ 26,960$ (3,136)$ EXPENDITURES Current: General Administration 3,350$ 27$ 434$ 2,916 Police - - 14,618 (14,618) Fire 133,760 - 25,349 108,411 Total Expenditures 137,110$ 27$ 40,401$ 96,709$ Excess of revenues over expenditures (107,014) 26,931 (13,441) 93,573 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 103,664$ -$ -$ (103,664)$ Total other financing sources and uses 103,664$ -$ -$ (103,664)$ Net change in fund balances (3,350) (13,441) Fund balances - beginning 10,671 Fund balances - ending (2,770)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2012 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 40,000$ 4,335$ 16,392$ (23,608)$ Total revenues 40,000$ 4,335$ 16,392$ (23,608)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 10,000$ -$ -$ (10,000)$ Transfers out to Special Events Fund 30,000 4,335 16,392 (13,608) Total other financing sources and uses 40,000$ 4,335$ 16,392$ (23,608)$ 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 February 29, 2012 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$ 2,120$ 14,930$ (50,070)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - 2,100 5,250 5,250 Tree Recompense - - 3,500 3,500 Landfill Host Fees 100,000 18,210 18,210 (81,790) HYA Fees 16,500 - - (16,500) Interest Revenue 2,000 621 3,043 1,043 Realized Gain or Loss on Investments 2,000 - - (2,000) Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - 1,500 1,500 1,500 Capital Lease Proceeds 144,000 - - (144,000) Total revenues 329,500 24,552$ 46,433$ (283,067)$ EXPENDITURES Capital Outlay City Council 225,000$ 36,843$ 46,050$ 178,950$ IT 49,317 5,332 32,309 17,008 Police 350,742 - - 350,742 Fire 556,066 18,637 52,346 503,720 Public Works 7,643,811 163,571 381,100 7,262,711 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2012 Parks & Recreation 1,772,730 22,687 53,039 1,719,691 Community Development 292,005 7,419 12,396 279,609 Total Capital Outlay 10,889,671$ 254,490$ 577,241$ 10,312,430$ Excess of revenues over expenditures (10,560,171) (229,938) (530,807) (10,595,497) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,505,688$ 292,141$ 1,460,705$ (2,044,983)$ Unallocated (106,441) - - 106,441 Total other financing sources and uses 3,399,247 292,141 1,460,705 (1,938,542) Net change in fund balances (7,160,924) 929,898 Fund balances - beginning 5,809,267 Fund balances - ending 6,739,165$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan -$ -$ -$ -$ Assistant to Firefighters Grant - - - - GDOT HPP Funds 3,195,498 30,461 57,120 (3,138,378) LCI Funds 100,000 - 25,200 (74,800) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 321,326 90,000 90,000 (231,326) Interest Revenues - 150 683 683 Total revenues 3,636,824$ 120,611$ 173,002$ (3,463,822)$ EXPENDITURES Capital Outlay Public Works 5,196,250$ 3,605$ 68,982$ 5,127,268$ Community Development 147,400 16,750 54,500 92,900 Total Capital Outlay 5,343,650$ 20,355$ 123,482$ 5,220,168$ Excess of revenues over expenditures (1,706,826) 100,255 49,521 1,756,347 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 570,696$ 47,558$ 237,790$ (332,906)$ Total other financing sources and uses 570,696$ 47,558$ 237,790$ (332,906)$ Net change in fund balances (1,136,130) 287,311 Fund balances - beginning 956,996 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 29, 2012 Fund balances - ending 1,244,307$ 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: April 23, 2012 City Council Meeting Agenda Item: Financial Statements for Period 6 –March 2012 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 2.1% higher than anticipated for the sixth period of the fiscal year. Total expenditures to‐date are $9,643,453 and are 2.3% 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 $10,889,671, capital expenditures‐to‐date total $706,849. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $15,825 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2012 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,362,600 54,779 46,850 7,929 309,964 287,650 22,314 Motor Vehicle Tax 495,000 45,784 41,250 4,534 225,472 206,250 19,222 Intangible Tax 160,000 14,961 13,333 1,628 95,936 66,667 29,269 Real Estate Transfer Tax 37,000 2,722 3,083 (362) 15,585 15,417 169 Franchise Fees 1,700,000 339,460 340,000 (540) 656,812 646,000 10,812 Local Option Sales Tax 3,650,000 312,078 304,167 7,912 1,613,255 1,520,833 92,421 Alcohol Beverage Excise Tax 275,000 20,571 22,917 (2,346) 115,657 114,583 1,074 Business & Occupation Tax 550,000 189,117 330,000 (140,883) 299,546 440,000 (140,454) Insurance Premium Tax 825,000 - - - - - - Financial Institution Tax 26,000 13,406 6,500 6,906 32,795 26,000 6,795 Penalties & Interest 64,500 3,204 1,858 1,347 24,875 20,083 4,793 Alcohol Beverage Licenses 140,000 - - - 135,159 134,400 759 Other Non-Business Permits/Licenses 11,700 881 975 (94) 5,465 5,850 (385) Zoning & Land Disturbance Permits 20,000 8,190 1,667 6,523 15,593 10,000 5,593 Building Permits 175,000 23,363 14,583 8,780 124,428 87,500 36,928 Other Charges for Service 343,640 37,845 25,970 11,875 195,037 171,820 23,217 Municipal Court Fines 451,000 - 28,208 (28,208) 182,510 225,500 (42,990) Interest Earnings 15,000 3,779 1,250 2,529 12,016 7,500 4,516 Contributions & Donations - - - - 5,875 - 5,875 Other Revenue 54,940 1,495 4,578 (3,083) 30,353 27,470 2,883 Other Financing Sources 34,000 - - - - - - Total Revenue 17,390,380 1,071,636 1,187,189 (115,554) 4,096,333 4,013,523 82,811 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 169,170 8,850 10,725 (1,875) 71,864 77,668 (5,804) Clerk of the Council 298,850 (62,538) 17,010 (79,548) 105,165 185,125 (79,961) City Manager 294,937 31,903 30,456 1,447 153,772 151,097 2,675 General Administration 34,110 3,682 2,843 839 18,971 17,055 1,916 Finance 495,873 47,429 56,332 (8,903) 255,267 249,518 5,749 Legal 220,000 22,628 18,333 4,295 86,711 73,333 13,378 Information Technology 535,557 30,444 55,115 (24,671) 314,819 325,668 (10,849) Human Resources 251,523 23,703 23,374 329 119,659 124,254 (4,595) Ri k M t 191 500 13 486 15 958 (2 472)100 919 95 750 5 169 Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 191,500 13,486 15,958 (2,472) 100,919 95,750 5,169 General Government Buildings 564,989 39,494 47,082 (7,589) 308,908 325,031 (16,123) Public Information & Marketing 90,910 8,609 10,916 (2,307) 44,599 46,445 (1,846) Municipal Court 231,274 18,434 17,601 833 106,397 112,522 (6,125) Police 2,912,020 245,524 255,523 (10,000) 1,430,711 1,463,135 (32,424) Fire 4,381,219 343,690 358,748 (15,058) 2,189,835 2,230,316 (40,481) EMS Operations 140,988 11,021 11,749 (728) 66,125 70,494 (4,369) Public Works 1,540,706 154,791 126,345 28,446 670,745 699,570 (28,825) Parks & Recreation 356,292 34,805 27,667 7,138 147,447 164,750 (17,304) Community Development 798,035 67,256 60,427 6,829 382,745 386,218 (3,473) Debt Service - Capital Lease Payment 857,231 - - - 807,310 807,310 - Operating Transfers to Other Funds 4,180,048 339,699 339,699 0 2,038,194 2,038,194 - Operating Reserve 144,019 - - - - - - Total expenditures 18,689,251 1,382,910 1,485,904 (102,993) 9,420,162 9,643,453 (223,291) Net Income/(Loss)(1,298,871) (311,275)(5,323,828) Fund Balance - Beginning 9,295,628 Fund Balance - Ending 3,971,800 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 4,000$ -$ 1,034$ (2,966)$ Earth Day Vendor Fee 240 315 315 75 Interest Revenues 100 5 34 (66) Milton Roundup Sponsor 12,000 - 3,000 (9,000) Earth Day Sponsor - 250 1,250 1,250 Concert Sponsor 1,500 - - (1,500) T-shirt Sales 250 - 169 (81) Mayor's Run Reg. Fees 5,240 - 2,229 (3,011) Contributions & Donations - - - - Total revenues 23,330$ 570$ 8,031$ (15,299)$ EXPENDITURES Current: Special Events 86,280$ -$ 36,730$ 49,550$ Total Expenditures 86,280$ -$ 36,730$ 49,550$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 4,310$ 20,703$ (9,297)$ Total other financing sources and uses 30,000$ 4,310$ 20,703$ (9,297)$ Net change in fund balances (32,950)$ (7,997)$ Fund balances - beginning 62,563 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2012 gg Fund balances - ending 54,566$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - 7,559 7,559 Cash Confiscations/HIDTA - - Interest Revenues/State Funds - - 34 34 Interest Revenues/Federal Funds - 4 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ -$ 7,597$ 7,593$ EXPENDITURES Current: Police -$ -$ 6,535$ (6,535)$ Total Expenditures -$ -$ 6,535$ (6,535)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 1,062$ Fund balances - beginning 89,270 Fund balances - ending 90,332$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2012 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$ 31,482$ 266,851$ (433,149)$ Interest Revenue - 53 342 342 Total revenues 700,000$ 31,536$ 267,193$ (432,807)$ EXPENDITURES Current: Public Safety 681,400$ 1,715$ 353,033$ 328,367$ Total Expenditures 681,400$ 1,715$ 353,033$ 328,367$ OTHER FINANCING USES Unallocated 18,600$ -$ -$ (18,600)$ Total other financing sources and uses 18,600$ -$ -$ (18,600)$ Net change in fund balances -$ (85,841)$ Fund balances - beginning 604,821 Fund balances - ending 518,980$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2012 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 30,096$ -$ 8,738$ (21,358)$ Bulletproof Vest Program - 761 761 761 Byrne-JAG Grant - - 14,618 14,618 GDCC Mini Grants - - 3,600 3,600 Interest Revenues - 2 6 6 Total revenues 30,096$ 763$ 27,723$ (2,373)$ EXPENDITURES Current: General Administration 3,350$ 497$ 931$ 2,419 Police - - 14,618 (14,618) Fire 133,760 - 25,349 108,411 Total Expenditures 137,110$ 497$ 40,898$ 96,212$ Excess of revenues over expenditures (107,014) 266 (13,175) 93,839 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 103,664$ -$ -$ (103,664)$ Total other financing sources and uses 103,664$ -$ -$ (103,664)$ Net change in fund balances (3,350) (13,175) Fund balances - beginning 10,671 Fund balances - ending (2,504)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2012 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 40,000$ 4,310$ 20,703$ (19,297)$ Total revenues 40,000$ 4,310$ 20,703$ (19,297)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 10,000$ -$ -$ (10,000)$ Transfers out to Special Events Fund 30,000 4,310 20,703 (9,297) Total other financing sources and uses 40,000$ 4,310$ 20,703$ (19,297)$ 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 March 31, 2012 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$ 177$ 15,107$ (49,893)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - 3,150 8,400 8,400 Tree Recompense - - 3,500 3,500 Landfill Host Fees 100,000 - 18,210 (81,790) HYA Fees 16,500 - - (16,500) Interest Revenue 2,000 530 3,573 1,573 Realized Gain or Loss on Investments 2,000 - - (2,000) Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - 1,500 1,500 Capital Lease Proceeds 144,000 - - (144,000) Total revenues 329,500 3,857$ 50,291$ (279,209)$ EXPENDITURES Capital Outlay City Council 225,000$ 6,444$ 52,494$ 172,506$ IT 49,317 - 32,309 17,008 Police 350,742 15,756 15,756 334,986 Fire 556,066 31,986 84,332 471,734 Public Works 7,643,811 50,027 431,127 7,212,684 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2012 Parks & Recreation 1,772,730 8,861 61,900 1,710,830 Community Development 292,005 16,534 28,931 263,074 Total Capital Outlay 10,889,671$ 129,608$ 706,849$ 10,182,822$ Excess of revenues over expenditures (10,560,171) (125,751) (656,558) (10,462,031) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,505,688$ 292,141$ 1,752,846$ (1,752,842)$ Unallocated (106,441) - - 106,441 Total other financing sources and uses 3,399,247 292,141 1,752,846 (1,646,401) Net change in fund balances (7,160,924) 1,096,288 Fund balances - beginning 5,809,267 Fund balances - ending 6,905,555$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT HPP Funds 3,195,498$ -$ 57,120$ (3,138,378)$ LCI Funds 100,000 - 25,200 (74,800) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 321,326 - 90,000 (231,326) Interest Revenues - 133 816 816 Total revenues 3,636,824$ 133$ 173,136$ (3,463,688)$ EXPENDITURES Capital Outlay Public Works 5,196,250$ -$ 68,982$ 5,127,268$ Community Development 147,400 - 54,500 92,900 Total Capital Outlay 5,343,650$ -$ 123,482$ 5,220,168$ Excess of revenues over expenditures (1,706,826) 133 49,654 1,756,480 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 570,696$ 47,558$ 285,348$ (285,348)$ Total other financing sources and uses 570,696$ 47,558$ 285,348$ (285,348)$ Net change in fund balances (1,136,130) 335,002 Fund balances - beginning 956,996 Fund balances - ending 1,291,998$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2012 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: April 9, 2012 for the April 23, 2012 Council meeting Agenda Item: Approval of a Professional Services Agreement between BM&K, P.C. and the City of Milton for Right of Way and Easement Acquisition Services for Intersection Improvements at Hopewell Road/Cogburn Road at Francis Road/Hopewell Road Discussion: This agreement is to provide right of way and easement acquisition services for intersection improvements at Hopewell Road/Cogburn Road at Francis Road/Hopewell Road. The City has developed right of way plans for the intersection improvements and is finalizing final construction plans. Three bids were obtained for right of way services and BM&K was the low bidder. The work to be completed under this Agreement will include pre-acquisition services, parcel valuation, and negotiation for right of way and easement acquisition. Staff is recommending the approval of a professional services agreement between the City of Milton and BM&K to provide right of way services in the amount of $13,200.00. Financial: The budget for this work will be from Capital Project Fund. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 3/26/2012 Attachments: 1. Agreement 1 City of Milton �A� PROFESSIONAL SERVICES AGREEMENT HOPEWELL ROADICOGBURN ROAD AT FRANCIS ROADIHOPEWELL ROAD RIGHT-OF-WAY SERVICES This Agreement made and entered into this 1-r day of l?4 , in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004, and BM&K, P.C. ("Consultant"), having its principle place of business at 68-A Jopena Blvd, Hoschton, GA 30548. WHEREAS, the City issued a Request For Bids (Milton Right -of -Way Services), to solicit bids for the right-of-way services described herein; and WHEREAS, based upon Consultant's bid to provide said right-of-way services as required by the bid documents, the City has selected Consultant as the winning bidder; and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A SCOPE OF WORK EXHIBIT B FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D PAYMENT SCHEDULE EXHIBIT E CONSULTANT AFFIDAVIT EXHIBIT F SUBCONSULTANT AFFIDAVIT EXHIBIT G SAVE AFFIDAVIT ` ,rcity a( Milton 2.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13400 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work as outlined in Exhibit "D", setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a Lump sum fee not to exceed $13,240 (the "Contract Price") plus the per parcel services that may be required according to fees identified in Exhibit "B," without prior written approval from the City. Consultant shall take no calculated risk in the perfonnance of the Work. Specifically, Consultant agrees that in the event it caturot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 3.0 Independent Contractor 3.1. The Consultant is an independent contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that inay be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all Iosses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and City of Milton expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be Iimited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. n i city of Millon (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,400,000 per accident. (3) Deductibles and Self -Insured Detentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. n ��rcity of Milton � (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall he executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work perfor►ned by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (S) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in + city or Milson this Agreement, including but not limited to naming the parties as additional insured. (S) CIaims-Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from March 23, 2012 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) clays prior to December 31, 2012, shall automatically renew on January 1, 2013 to December 31, 2013. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant n 1; Gly of Milton Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City, as determined by the City in its sole discretion, shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall he deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 7 �CCity of Milton NOTICE TO THE CONSULTANT shall be sent to: BM&K, P.C. Mickie Mcrunkin P.O. Box 878 Braselton, GA 30517 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of [Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E - Verify program, of all employees who will perforin work on the City contract to ensure that no unauthorized aliens will be employed. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Consultant agrees to provide completed copies of Exhibit "F" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall �r r. +City of Milton retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1- .02. Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300.10-1- .02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "E" and incorporated herein by this reference_ The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Consultant's legal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to 0. C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "G", and submitted such affidavit to the City in person, electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Consultant verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] �; cityof Millon BM , By: Donald Cierici Its: President & Secretary [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary bli [NOTARN, M $//it/11 my Cc�ir,t���....C'. :'v ID OUG CITY OF MILTON: By: Joe Its: Mayor io ��� Cily of Milton EXHIBIT "A" SCOPE OF SERVICES FOR RIGHT OF WAY SERVICES FOR INTERSECTION IMPROVEMENT PROJECT OF HOPEWELL ROADICOGBURN ROAD AT FRANCIS ROADIHOPEWELL ROAD Project Descriptions: The intersection improvement project is located in North Fulton County in the City of Milton. The existing intersection of Hopewell RoadlCogburn Road at Francis Road/Hopewell Road is a non -signalized 4 -way stop intersection. All roads approaching the intersection are paved 2 -lane rural roadways approximately 20 feet in width. The improvement project consists of realigning the intersection to the north and replacing the existing 4 -way stop with a single lane roundabout with a southbound right turn yield bypass lane. To maintain traffic on site this project will be stage construction. Lighting will be added to the intersection and will be maintained by the City of Milton. The project length is 0.13 miles along Hopewell RoadlCogburn Road and 0.23 miles along Francis Road/Hopewell Road and includes an estimated 7 parcels (1 city owned parcel and 2 parcels are easement only). Description of Services: Pre -Ac uisition Pre -Acquisition Services may be required on the project. Any pre-acquisition activities shall be in conformance with State regulations. Services may include, but are not limited to the following: A. This includes all pre-acquisition and acquisition coordination with the City and their consultants including but not limited to attending meetings, status reports, invoicing, and any additional city required forms and documents.. B. Schedule and conduct right of way property owners meeting in coordination with the city Preparation of Preliminary Right of Way Cost Estimate Appraisals: Appraisal services required to determine market value of the unencumbered fee simple interests, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The Consultant shall attend periodic meetings with the City regarding the status of the appraisal tasks. The services to be performed by the Consultant may include, but are not limited to the following: City Databook A. Preparation of Land Sales Databook to include land sales of similar type properties to those affected by the subject project. Provide adequate documented land sales in each affected category to indicate a reasonable value range, Land categories include the following: 1. Detached residential lots 2. Detached residential acreage 3. Attached lots 4. Unimproved detached lanai 5. Commercial sites, 1-2 acres C city of Milton I G. Commercial acreage, 3 acres and above 7. Office 8. Industrial Self Contained Appraisals A. Appraise the market value of the unencumbered fee simple interests, easements and any other interests in the parcels taken plus any consequential damages (if applicable), offset to the extent of special benefits, in accordance with State Law. The appraisals shall be prepared in conformance with State regulations and the appraisals will he prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. Negotiation: Negotiation services are for the acquisition of right of way and easements for the project, The services to be performed by the Consultant may include, but are not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate/data book from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled "What Happens When Your Property Is Needed for a Transportation Facility" 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines, Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheets), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City of Milton gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City of Milton for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City of Milton. Under /11ry ��' h Gly of Milton no circumstances will the Consultant have the authority to accept a settlement on behalf of the City of Milton, either monetarily or contractually. 6. [ince an approved Option is obtained, Consultant must submit approved option along with all required supporting documentation to the City of Milton. 7. If a negotiated settlement cannot be reached, the Consultant shall: a) Mail a certified 10 -day letter regarding condemnation to owner. b) Transmit clean and concise parcel file along with all required supporting documentation to the City of Milton. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following_ 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8_ Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which include the following: 1. Title reports 2. Appraisal reports 1 Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence S. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. ` +rci[y of Milton EXHIBIT "B" BM&i{ Construction & Engineering Parcels Per parcel Fee Co&Wa Rd Total Pre-acquisition Services Preliminary Cost at 5 $ 1,200.07 Pre•aequisition Services 5 $ 2,500.40 0S $ Appraisals Appraisals 4 $ 650M $ 2,600.00 Appraisal Review By MrJunkin) 0 $ 200.00 0 $ 30SC 0 $ 6543.00 $ 388N 0 950.Oo $ Negotiations Owner Interest 6 $ 1,OW-OD $ 6,000.00 S - Government Donation 1 5 900.00 1 $ 900.00 5 Project i otai r1G To perform Pre-Acquistion, Acquisition and Prelim Cast Est Ford t0 perform Appraisal ng Checks and Recording Fees to be provided by City Goad thru December, 2012 3/14/2012 ONE&K $10,600 Appraisal 52,600 13.x00.40 Exhibit "C" BM&KP-1 OP ID: ROWH 'A44 WCERTIFICATE OF LIABILITY INSURANCE DATE{Mfl312811YYYJ 8112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifleate holder in lieu of such endorsement(s). PRODUCER 706,367-5710 Franklln Insurance Agency #8 181 Washington Street 706-3674540 P O Box 65 Jefferson, GA 30548-0065 CNAO.NTACT PHONE FAX A/C Nol: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICN Chris McClure INSURERA: Montgomery insurance INSURER 03/31113 INSURED BM&K PC; P 0 Box 878 PR MISES Eaoccunence $ 100,06 Braseltan, GA 30517 INSURER C: INSURER D GEIILAGGREGATE UMIT APPUESPER POLICY PRO - POLICY LCC INSURER E! $ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER-_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR LTR TYPE OF INSURANCE DDL 13606 Deerfield Pkwy Ste 107E POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM LIMITS A GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F -I OCCUR CBP6240573 03/31112 03/31113 EACH OCCURRENCE S 1,000,00 PR MISES Eaoccunence $ 100,06 MED EXP (Arryoneperson) $ 15,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,0 GEIILAGGREGATE UMIT APPUESPER POLICY PRO - POLICY LCC PRODUCTS - COM WOPAGG $ 2,000,00 $ A 11 AUTOMOBILE LIABILITY ANY AUTO ALL OWNAUTOS ED SCHEDULED AUTOS NO11E1 HIRED AUTOS AUTOS BA845858D 05/30111 05/30/12 =SINGLE rDitSINGLE LIMIT S 1,000,000 BODILY INJURY (Per person) $ 60OlLY INJURY (Per acadent) S WA—MA0 E Per accident $ S A X UMBRELLA LIAB]( EXCESSLIAB OCCUR CLAIMS -MADE CUB458481 05/30111 05/30/92 EACH OCCURRENCE S 1,QOO,DQ AGGREGATE $ 1,000,0Q DED I X I RETENTION $ 10000 $ A WORKERS COMPENSATION� AND EMPLOYERS LIABILITYLIMIT ANY PROPRIETOfUPARTNERIEXECUTIVE Yf N OFF[CERIMEMBFR EXCLUDED? ❑ (Mandatory in NH) 11 es, describe under DESCRIPTION OF OPERATIONS below N 1 A I VVC8456991 65/30/11 051310112 TVIVCY TATU- TH- EL EACH ACCIDENT $ 500,00 E.LDISEASE-EAEMPLOYE S 500,00 E.L DISEASE- POLICY LIMIT S 500,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VF-HPCLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) 2008 CHEVROLET SILVERADO TK IGCEC14XX82130062 CERTIFICATE HOLDER CANCELLATION d 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (201 0105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13606 Deerfield Pkwy Ste 107E ACCORDANCE WITH THE POLICY PROVISIONS. Milton, GA 30004 AUTHORIZED REPRESENTATIVE Chris McClure d 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (201 0105) The ACORD name and logo are registered marks of ACORD EXHIBIT'°D!° Payment will be made to consultant upon the completion of the work outlined below, upon receipt and approval of the invoice by the City. Pre -Acquisition Coordination Services: Attend Meetings; Meetings with Appraisers; Property Owners Meetings,- Other eetings;Other Various Pre-acquisition Services (Payment can be made for individual or combined tasks) Appraisals Cost Estimate, Appraisals (Payment can be made upon completion of Cost Estimate and Appraisals) N12ootiations Invoice at 20% of Contract Price Once Offer is Made (Provide Documentation to City) Invoice at 30% Once Receive Approved Offer & Approval by City (Provide Documentation to City) Invoice at Remaining 50% Once Parcel has closed (or condemnation filed); Recorded Deed has been received; and Final File has been submitted to City EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O_C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the City. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EE it Progra ser Identification Number BY: Authorized Officer or Agent Date BM&K, P.C., , Com- 5 � ►�- t *t� Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OFA , 2012 Notary Fubt`��`; ��y ca;�s •yam: My Comn ' I"xpi�� `�%y, 0 .�V -�--: s � ��••►. 206 •.�•�� n City of Dillon STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with BM&K, P.C., on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G. A. § 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date [Insert Subcontractor Name] Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 2012 Notary Public My Commission Expires: ��� Ciry of Milton STATE OF GEORGIA CITY OF MILTON EXHIBIT "G" SAVE AFFEDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-inunigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in --)Ab 5 o"-Vn N (city), (state Signature of Applicant "�C) T'? r -i3 , Printed Name of Applicant SUBSCRIBED AND SWORN BEJFORE ME ON THIS T����i#tt►►►�� _ DAY OF L+ l C NC ARY UBLI` C7 w0 C:— My My Commission ExptVQ City of Miltonr��iOR f111110 R,0 ��t,� Copy of IV 10 Drivers License Held in City Clerk's Office City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: April 12, 2012 Council Date: April 23, 2012 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement Between the City of Milton and S&ME, Inc. to Provide Sampling and Pavement Design Recommendations Discussion: As part of the approved Pavement Management plan the city performs a number of full depth reclamation projects each year on roads that have deteriorated to the point where less costly pavement management techniques are no longer an option. Staff has proposed a program to do a number of coring samples of each road prior to construction to determine the optimal depth and method of full depth reclamation. The roads being tested this year are Batesville Road, Birmingham Road between SR 372 and Freemanville Road, and Hagood Road/Bethany Road from Redd Road to Providence Road. Staff is recommending approval of the Professional Services Agreement with S&ME, Inc. in the amount of $8,700. Legal Review: Paul Higbee, Jarrard & Davis on 3/23/2012 Financial: Funding for this project is available in the Pavement Management budget. Attachments: 1. Professional Services Agreement ��Gityof Wton PROFESSIONXI, SERVICESAGREEMENT FULL DEPTILRECILAMATICYN PAVEMENT DESIGN This Agreement made and entered into this - day of April, in the year 201,2,. by and between The Cit of Milton,: 0 or ia (sometimes referred herein as the "City"), h i itprinciple place of business at Y Q g to avin is 13000 Deerfield Parkway Suite 1070, Milton QA 300 04,, and S&IME, Inc. O'Cons-ultanf) having its principle. . place of business at 11420 Joints Creek. -Parkway, Duluth G is 10097 eorg.. WHEREA S , the City; of Milton will req ,wire certain professional public works services fair the evaluation of Aill depthreclamation pavernenLAcsigns using, cither f i d o&t e asphalt or concrete asthe additive; and WHEREAS, the City's Purchasilig Policy aiathorizes the procurement of profcssion-al seine contracts of $30,000.00 or less; and, WBEREAS,the its has determined that this.Ageenient constitutes such professio,Ialservices; NOW , THEREFORE, in consideration of the mutual covenant and prornises contained herein, Vie parties agree as.fbll6,vvg: I O Scope of 'Worki Compensation The Consultant, agrees to provide all Services specified in Exhibit "A," Attached hereto and incorporated herein by reference, for the compensation described therein and below. No paymentswill be Trade for unauthorized work. Invoices should besomitted to R' k Peame, 13000 Deer eld R Parkway,.Milton GA 30004 for approval.. Payment will be sent to the designated address by U, S. Mai I piilrpayment wilt not be hand -de -livered. City agrees to pay c nsultttit for the services performed, and costs int d by Consultant upon the Citys urre certification that the services were actually perforined and costs actually ineurred in accordance with this Agreetnerij. Compensation for services per'termed and,if applicable, reimbursement for costs incurred shall be paid to Conailtant: upon the City's recelpt. andap oval of an invoice', subruitted Upot eompAdfion of the, Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incutTed versus charges budgeted. The total an.loimt paid under this- Agreement for the. Work shall no, L� in arty' ease, exceed a lump gurn fee not to exceed $8,700 (the,vonttaet Price,) without prior vnitten approval from file City Consultantshall tale no calculated. tisk in the performance of the Work.. Specifically, Consultant agrees that in the event it carr . of perform the Work- within the budgetary limitations established without disreg andg sound ry -t principles of Consultant'S industry, Consultant w,111.9iVe written notice'the of immediately to the City. -A A,N ID rclly of M410a 2.0 Independent Contractor 11. The Consultant is an independent contractor, The Consultant isnot an emplo 'a, agent orrepresent Ye ative of the City of Nfilto.n. The Consultdnt shall obtain and nlaifttaih� at. the Consultwit"S ox'pnse' 611P ernift=' licensee or approvals that may: be, necessary for the performance of the: sm4ces, 21 Inasn-Luch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind, the other to stay third person or.otherwise to act in any way as the representative of the other, urilez otherwise expressly agreed to inwriting signed by both parities hereto. TheConsultantagrees not to represent itself as the City's agent for any purpose to any party �or to allow any employee of the Consultant to do so, unless spec ifica Hy Authorized,, in advance and in writing, to do so, and them only 'or the limited purpose ability for any contracts or:agreements the ,stated in stitai authorization. The Consultant all. assume full E Consultant enters i0to on behalf of the City of Milton without the express Itnowl edge and prior written consent ofthe City. M Indernuffication The Consultant covenantsand agrees to take axed ,assurae all responsibility for the i servi es rendered Ic in connection with this: Agreement, he Consultant: shall bear all losses and damages directly or indirectly resulting to it oil, account of the, performance or character Of the services rvices rendered pursuant to this:Agreement, Consultant shall indemnify and hold harmless the City, its officers, boards, commissions, electedand appointed ovictals, employees andagents fronand agaimst any and all, claims, suits, actions, liability, judgments, dammages,, losses and expenses, including but not Iiinited to, atorney's.fees,.,which maybe the, result of Willful, 11t9jiFilt or tortuous condluet arisihg. out of thecal performance ofcontrte d services., or operations by the w C On-sultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub-consultant.or anyone f€ r. whose acts, the Consultant or sub -consultant may be liable,. regardless of whether -or not the, offending act is caused in part by it party ifideninified hercunder.. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision, In any and all. claims against the City or, any of its agents;or einployees, by cany.employee of the. Consultant, arty sub -consultant, wiyone:,direlctly or indirectly employed by the Consultant or sub-Ponsultant or ,anyone for whose acts the Consultant or sub-consullant rna y be liable, the indemnification. obligation set -forth in this provision skirl - not be limited in any way by any Iiinitation on th& amount or type of damages, compensation or benefits payable by or'tor the Consultant or any sub-constiltant under workers' or -workmen's compensation acts, disability benefit acts & other employee betiefivacts. This obligadou to iudeninify and. def4nd,the City, its members offilcers agents, employees and volunteers shall survive termitic ion of this Agri eemont. 4.O I.nsurance (1) Fie .trrerrrext The Consultwit strati have and maintain infull force mid effect for tho. duration of this Agreement, insurance insuring against claims for injuries to persons or da, a es, to .property Which may arse from lor' in connection with the performance of the Work by the C,oi,is'Liltaiit,:its .,agei,it,g,repress employees or siflb-cox sultants. All policies shall be , stibject to approval by the City Attorney to form and content, These requirements are subjectto amendment or waiver if so approved in writing by the City Manager. A () Mvrt um Limits of Insurance: Consultant slra il, maintain limits no less than: (a) Cornmercial General Liability of, $1000,00 combined single litnit per occurrence for bodily acrd personal injury, sickness, d4ease car deaths iujary to ter destruction of property, including loss of use resulting there from. (b) Commercial Automobile L=iability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily sand personal injury, sickness, disease or death, injury, ury, t or destruction of property, including lass of use resulting there from. (e) Professional Liability of $1,,000,000 limit for claims arising out of profpa services caused by the.Consultant'8 errors, omissions, or neh * t acts: (d) Workers! Compensation limit,& as required by the State of Georgia and e --ploy r . Liability limits cif $1,000,000 leer accident. ( Deductibles aucl Self -Insured Rete it ons:: .any deductibles or self-insured retentions rest be declared to and, approv d bye the City 4) + theT Inswqxica, Pro iLns The policy is to contain, or be endorsed to contain, the following pr Visioas; (a) Ochoral. Liability a d Aut mcbile`Liability Coverage, i The City, its officials, employees, agents anti volunteers are to be covered as additional insured under Consultants General ;Liability and', utori obile insurance policies as re pecm liability arising,out of activities performed by or on. behalf o: the Consultant; products and completed operations of the Consultant; premises owned, leased, car used by theConsultant; automobiles owned, leased, ;hired, or borrowed by the Consultant. iii) he C o salt nt` General Liability and Automobile Liability insuratic e coverage $ball be primary rioncont6buting .i.usuranoe as respects iu aay Other i suralice. O self-insurance available to the City, its official, employees, agents or volunteers.. Any insurance or sel4 insura .ce train wined by City, its officials, employees or volunteers shall be excess of the Consultants insurance and shall riot contribute with it.: (iii)Ayr f` ilpre to comply with reporting provisions of the policies shall not af&at coverage provided to the. City, its officials, ls, employees, agents or volunteers, (iv) Covetageshall state that the C�"o sultanfs insurance shall apply separately to each hisured against Whom claire is tna e car, suit is brought, except with respect to the lirnits of the .insurer's liability. (v Coverage shall be provided on a;`" pay on behalf' basis, with defense costs payable, iii, addition to policy limits- Them .shall be no cross liability- exclusion, (vi.) The Insurer agrees to waive all rights of Subroption again§t th6 City, its, officials, cruployoes, agents and volunteers for losses arising from woik pdonned by the Constdtdat ffir the, City, (vii) All endorsements to, policies shall he executed by an authori ad representative of the insurer. (b) Workers' Coni-pensation vera o. The insurer will agree to, waive all rights of subrogaticni against the City, its officials, employees, agents ted volunteers for tosses arising from work, performed by the Consultant for the City, (c)M tI.CoveragO-, (i), Each insurance policy required by this clause shall be endorsed to state that coverage shall not be,canceled, reduced in coverage or in limits except after thirty (30) days Prior WAtten notice has, beengiven to the City, (ii) Policie.�, shall have cone-LuTent starting and ending dates, :(5) Ageeptabilitv,of Jnsurers, lnsuranis;to be placed with 'insurers with an A.M. Bests' rating of no less than A.-VIL, (6) Verifiqation of CoypraM: Onsultant shallfurnish the City with certificates of ins-titatice.-,,tndends .rsenicnts to the policies evidencing coverage required by this clause prior to the start of work, 'Tlae certificates- of insurance and endorsements for each insurance :poflIey are to be signed by, a person autho-rized by that insurer to bind coverage on its behalf The certificate of insurance, and endorsements shall be on a formutilized by Consultants 111suxer in its normal course -s Ive �e of busitics and all be.r d and approved by the City prior to, execution oyf"finis Agreement by the City. The City reserves the right to require; complete, certifilled copies of all required in Mrance,policies, at any time. The Consultant shall prayide ptoof that, any expiring coverage has been renewed or replaced at toast two (2) weeks' t the expiration of the covenage. prior 0 (7) Sub-considtants, Consultant"s sub-coasultants, shall maintain the .satne, types aad,acounts of coverage as is required of the Constiltant. (a) 0lai_ms-N/LaLejL%Iici � q,T Consultant shall extend any clainis-made insurance, policy,for at least six (6) years. after termination or final payment under the Agreement, whichever is later. (9) City as Additional insured and Loss. Payee., The City shall be named as an additipnal micuredon all policies requirod by this Agreen nent, except Workers Corapensation and Professional Liability Ingurance. 5,0 Term; Termination The term of this Agreement shall be, from the data of the is$'Upee of a, written, Notice, to Proceed to the completion of the or or December 31, 2012, whichever comes. first. Th.6 work described herein shall be. completed within 45 calendar days from the Notice to Proceed. The City may terminate -this Agreeirientupon a breach of any provision of this Agreement by Consultant and ConsviltAms subsequent failure to Cure such breach within fifteen (15) days of receiptfrom the City of a written notice of the bTeach. The City may teraunate this. A reement for convenience by 'providing at least thirty ("Cl days prior written n mach termination to Consultant. 6.0 Compliancewith AR Laws AndLicenses The Consultant must obtain allneces&wy licenses and comply withlocal, state and federal requireinents. The Consultant shall comply with all laws, rules mid regulations of any ,governinental. entity pertaining to its performance -ander this Agreement. 74 Assignment 'f7he Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent, 8,0 Arnendments in 'Alraing No amendments to this Agreement shall be efrective tirdess, it is in writing and signed by duty authorized representativesof the'uties. P, 91.0 Expertise of Consultant Consultant accepts the relationship of trust and confide nceestablished between it and tine City., recogni7ing that the -City's intention and; III 011toring, into this . Agreemeat is to cagage an enmity w Purpose ith- the reqaisltc capacity; aice, and professional skill and judgtn6it try provide the serviusin pursuitof file le timel an d corapetent compl ctio n: of the Woik undertaken I by Consultantunder this Agreement I 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation ofDocum.ents In tho event of a conflict in language.bet'%Nleen. this Agreement and any exhibit to this Agreement, the provisions most favorable to the City, as determined by the City in its sole discretion, shall govern. A Icity"Of l Entire Agreement lVis Agreeramt constitutes the entire Agre I e . trient between the paaies with respect to the subject rhattet tonu&ied herein, a11 prior agreeraents, xepre�ehtati ns, statements, negotiations, and undertakings are. suspended hereby, Neither party has relie,cl on any representation, promise,rior inducement Tiot contaiixcd herein. 13.0 Waiver otAgreerne nt The City'sfailme to enforce any provision of this Agreement or the waiver in a paxticular instance shall, not be construed as a general waiver of. ahyRiture br�aoh or default. ,1 4.0 Sovereign: fair unity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign uininunitv or any individual's qualified good faith or official immunities. t5'0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be de fined received, and shall be effective, wheft: (1) personally defiv-ered, or (2) onthe third day after the postmark date wEwen niailed` by certified mail, postage prepaid, return receipt requested, or.(3) upon actual delivery when sent via natioDal, ovenright Commercial carrier to, the .parties at the addresses given below.. unless a substitute address shall first be fiarai§hed to the other Parties bywritten notice in accordance herewith: NOTICE TO T11E CITY shall be sent to A, City Manager City Of Milton 13000 Deerfield Parkway, Suite 1011 .Ndilto'",.Oeorgia 300,014 NOTICE TO TUE, CONS:UFLTANT shallbe scat to- Keraieth Ba1l,11131 W, lac. 1:1420 Johns Creek Parkway Duluth, Georgia 0097 16.0 NoPersaval Liability No niember, official or ernployee cif the City shall be personally liable to the Consultant oriatty successor in Interest in the event of any default or breachby the City or for wiy ataount which may become duet the Consultant or successor or on any obligation Lifiderthe terms of this Agreement, Lik i e, Consultant's OWIS pe,dormwice of services under this Agrectnent shall. not subject Consultant's individual employees, officers or directors to any personal liability. The Pa ties agree that their sole and exclusive remedy, claim, demand or suit shall be directed arid/or asserted only against Consultant or the City, respectively, vc-aid not against any employee, officer, director, or e I lected or qp poiated.of5cial. ;6 117.0 Employment of Unauthorized Aliens rrohlbitod (1) E-Vcrib y.Affidagrit It, is., the policy of City that unauthorized aliens, small not be employed to perfon-n Nyork atm tity contracts involving the physical performance of service-,, Therefore the City el 7, shal I not 'ter into a contraot for the physical performance of services within the State of Georgia unless the Contractor, shall provide evidence on City -provided forms, attached hereto as Exhibit"B" (affidavits: regarding compliance with the E -Verify pro rare to be swom under oath under criminal penalty of false swear to O.C.GA § 16-10-71), that it and Contractor's subcontractors have within, the previous twelve (12) month period conducted a verification, under the federal Employment E4bility Verification "EE S" or "'E -Verify) progtani, of the social security numbers, or other identifyinginforniation-now or hereafter accepted by 'die E -Verify prograin, of all employees who will perform work on die City contract to enstire that no unauthorized aliens will, be employed. The Contractor hereby verifies that it has,, prior to executing this Agreement, executed a notarized affidavit, the form ofwhich :is provided in Exhibit %'% and s-Libinitted such affidavit to City. 111 the event, the Contractor employs. or contracts with --mysubcontractor(s) in connection with, the covered contract, the Contractor- agrees to secure from such subcontractor(s) attestation of the subcontractor"s c ompliance with 8-10-91 anakule, 300-10,--l-.02 by the subcontractor's execution of the subcontractor: air vit, the form of which ' to be provided by the City, and such subcontractor at shall become part of the conuactor/mbeontraotor agreement. Further, Contractor aWee,.q to provide completed cqpies of the Subcontractor Affidavit to the Cit five (5) City within b-tisiness days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct, an inspection of the Contractors and Contractoes subcontractors' verification process at any time to detennine that the verification was correct and conviete, The Contractor and Contractor'.ssubcontractors shall retain all docurnents and records of their rePeGtive verification process far a, period of three (3) years4ollowing completion Ofthe Ontract. The City Manager or his/her desigade: shall furthci� 'be Authorized to coridwt periodic inspection's to ensure that no Coity Contractor,or Contractor's subcontractors employ unauthorized aliens On, City contracts. By entering into a contract with. the City, the Contractor and COntractor'-s subcontractors, agreeto cooperate with army such investigation by making their records anti personnel available upon reasonable ttotice for Inspection and questiording. Where a Contractor :or Contractor"s subcontractors are found to have employed an LUMUOIOriZed allen, the City Manager or his/her designee inay report sortie tote Department of Homeland Security. The Coutradar's failure to cooperate with the investigation may be sanctioned `by tetinination oftIle contract,amid the Contractor shall be liable fear all daniages mid delays occasioned by, the City thereby. Contractor hereby agrees to, comply with the requiroments of the fcdcrtil hamigrat ion ROBOnn and Control Act of 1986 QRCA):, PI. 99-6031, O-C.GA 13-1041 and Rule 300-10-1-.0.2, Contractor's compliance with the .'requirements of OCA A. §- 13-10-91 and .Rule 300-10-1,-..02: shall bo attested by the execution of the contractor's affidavit, attached hereto. as Exhibit "B" and incorpor:ted hereinby this reference, 'The above requirements shall be in addition to the requirements of State and federal law, mid shall be construed to `be in cofffarmity w! th those taws. (2) SAVE Mfidavit and Secure Ver iiia bleDocument Pursuant to O.C,,G,A. § 50-316-1, the City in-ust obtain a SAVE Mfidivvit and a secure and verifiable document evidencing the Contractor's legal Status in the Country each th-ne that Contractor obtains a public bemfit, including arty contractftorn'the City. Contractor hereby verifies that it has, prior to executing this Agreement, execilted a. SAVE: Affidavit (to be swqrn 'under oath tinder crimi - -I Ity of false swearing pursuant to Ina Pena O.OAA- 16-10-71), a form of wlAch is attathed hereto as Exhibit "C" =d submitte4 stwh affidavit to the City in person, electronically, or by mail, Further,, Coutractor verifies that it'has, prior to execu fing this AgrediAw, gr bmitted a wure and veriflable doetimont, evidencing the Contractor's legalstati-is, to the city either in personor electromUilly (in, C'Onipliance with the UnifornItlectronic Transactions Act). Contim ctor verities that it is in complianoe with th6 Reqideiicy Status of Appliwant for. Publ ic 'Benefit, aq required by the Georgia. Security and Imm . igration. Compliance Act (0k -(1A-§ 50-36-1)a IN I WrINESS WHEREOF, the parties 'hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day wid year set forth next to each signature, [SIGNATURES ON THE FOLLOWING PAGJ�j cn Of maw ....... ...... SIGNED, SEALLAAND DUIVERCD: to the presence. of, [AFT'fXC0'KP'0k.A'.1'E, SEAL'I . . ................................ I ...... ................. .A;..tt,est: 01 Sai iWil�-yilTilif [NOTARY S-EAL�j CrIT OF MIUMN, SjgrjaWrol Prilif Name: Aga t,,ggjkjvs)gcl,, Title: . .......... ............ (CI."I'Y SEAQ SIGNED�,$EALED, AND DELIVERED ih Ille Ire selle . 0 of*: 9 A IrOty 0 NtRm EXHIBIT.,"XI NCOVE OF W Oly of NOW &M ,Inc a i pleased to provide this m6sed proposal t�cr performing ing the r uested cyaluati n �Yk 11 v li-x nt cetz potim is and shallow &t bmirthcc wil �&mfitlags at selemed Milton Cowity Roads,relative to pavement r hal flit tioll by f ll -depth refit rnatiota t T jn This « olaowl premmts Olur undd rstan irr ofthe l� jra t, �.l�c ,r �irt�st r raid proposed, scope of services, and our mthnated dee. Our Agreement for Setvices (AS -07 I N attached and is an fategrW ptm of this ""rjaos 1: Our underftiding of the roJect 6 base upon t l pilon cony rs'aWns and e-mails lctwech Mx, Carter Lucas Of tkto City of, Milton ami lvisa-zs. Chris Arnold and Xouetl 81,11 of out firm. Thesectiom Ofroads, that are, curivatly progiarnotedfor r const r tion in 20127 are as allows: au- ville Road. from State Rome 372 to the city timit; 1.., -aril miles; Bir-mitigha n Road from State Route " to reema will Road, 0.`� tulle; ttard Hag od Road °off cdrany Road to Providence Road, 1.0 mile. ill ref the are tw urns read aid you We. stated that their condition is consister-ttly boor. W Rave been asked, to ,obtain information n a out tbe em''Isting pavement sectiotis an, d sballow underlying ,conditions in. order to provide a recommendation mendati fora typical v m -east faction anti a: r cora mendation i` r .alternative alt m t ods, Spod i aI ly, the pti n would be to use eithervernent or foamed, asphalt in the FDR process, Traffic control is to be included if) diework- scope. s�$a kN+'".. _' f i410.hk.F3+'n'€=A Aw6 4. -tiY. S.�Y, Ea' `i, GA Z1,€R. X1771) 476 '3su F'a f 7,7ri:j:'ss A—S%dtsrn.4nt of� I -Dept RImatio n Optima $&ME.Prloposal Mb, AGI -12-039 1� ric�us: f is f M[t rn __ oru ry MMEta+`; March9,41 " il.l care the pavement at iifrequan4y of Je6s than l cora per l&0 lunar fact per lox -t as spebl ed in GD T's t rdardpecific ttio ,, We plart to use an -Inch diameter core barrel. Toextruat enott h material for ruga i €he'l n x, designs ve will orelocations, per road for a natal of 24 locatiom ate p vetnent and ally Underlying base course, alone idi a representative scat of th subgrade goils Or othtr materials) t eadh vored location will be colloeted tuld stored in containers for tawportaition1b otirlaboratory, lit additirnti tri rr llectlsn s<unaples, our engineer will'advance ce aand auger b d c up -1 d N Ylt portaKe dynamic tutee penetrometer testa to a depth :f 3 to 4 feet beneath the surface III order o nsis texncies retati ,e t support rpt the design traffic, Tho wbgradc goil will. al be probed at retia l t vats t 1 1 t st t� t c rtsi t u: Following1cotWetionof flielhaudauger horingg., the borcholes will'be backfilled ushig a granular rsnuterial tri tt.e r th elcynntion, of the bottom of ihe'existiog pavement. ',Flie coreh les will be p tchal, LtAng a cold inix asphalt patching MaterIUL VVe will prb ide traffic coixtrdl in accordance with ManCial of Uniform Trafflc; Control wl e lj,'.l` D) using signageand a patrol car, Laboratory Design Testing, Analysis, and Report We. waime that one FDR mix design will be re ttired gar each mad (date 1,01 expected iFer�t-t pvrrrnt�t �p d ti�iitrn��r; d �l�ad it type» It ��+,itl b r�eena�ry for the Citi of Mitb i to provide. with accurate ed etailed anticipated vehicle- types; loads, and tree voltinies iftorder dor las to provide: appropriate dea n thickness wconinuaidations. ff Us Infortuation qtr not prtrvidedl, iwe cariPtovide a des%rn FD se ti tt With a calculated equ lent itrength toCity of Miltonstandardp vemett . wti n ,appr priate or these roadi. a Asoos rnent of FWt-Dopth Ftecl m tion %dations&M Proposal, Nor AG 1-:1 -maA05,26fdip"Ov march -9 2" For the abovc-clescribed work icope, wes-timate the followin fee Coring, band augor bamigs, p tcWm — Y to 2, days ,for an eagmeer Wid technician �y �yYy ,200.00 TI-affic Control -- .I. Vito 2 days CSRBC MixDesiga Estimate 3 at $1,200 M exacta.... �.., axxe>�„�..>e. ,600 'Report Preparation and AdmWistration • 700,00 "Thelaboralory few for ch Aram r_t mphalt. sa r'vvould be $1,750,00 C&RB(3dam% tr, lilc reuua, :ti'1. fee acc r ltr l y. Note that thefee vel!] be reduced proportionately it only rine or two mix pire. Assessment of fult'n'bPth kaotamation QpfiollME peopwafNp AOI-I"SDA Valf,lous Road$ / Miflod, Owe& Respectfidly Submitted. MIME. lac, A/ all Cbrus ArnoW, 69T Material- E Apal GOotechnical/i s mgmeer ay Services Manager Encloarob CHER 11 o SeISM10 exp rot ori., per Jour 200100 Shear Ware Velocity oetermination, per hour MOM Other Surface Geophysical' urveysjrates avallableon r q r t nei '0 M 111glliaAN '. 0 i {dst rr6r erg r° stion f HMA sph lt./ aar d pf�stt/ R 1 reitr� Cent r°rr nt and pl Conlpa on, Measurement of `thickness, temperature (Ml' Asphalt), In4pl c densityt tting, s meth f nrr fbr ph i al testing., err° nd hand suer and rr tr r ter t eating. 25.00 i t f is Testing Technid nr Npe L r herr ..00. HUA;&;€��JUSl tabtl t j5 Aslohalt/(-'Onprete CoringT hnician, per hour Irrch_diameter per inch dsp`th: 64neh diameter per Inch tt th, r 10#I tch'diameter per inch depth s.,o Minimum coring charge1 1,4 WOO Care less th a°r 2 72 tr~ch,es thick, 4 In h aor�; . g�or co re 1 t�� Core$ i th r� `l� firths thick, irr h Cor "$ per r C r« diet r cares, per in h diameter, per in h depth i I .� txrtr srarl Extraction and Gradation, each Ibalau r tiosl idl S l nAy, each 150.00 t�sphaft'Corgi Dns ty� c;h 25.00 marsholt DonSAY Pill (50 Or 75 81*4 each 50100 CSR,BC Mix Design rriat rl l pr par tiorr t , tr Sell. Coment/cOkso Nux bestow pix -65-),; b,875.00 .l Soil CemontICSIRBCOmpressive-strength Chi"- k yet S441 t arrr rr ra f Z8� P(00,toron fr td blended sample DT - I Oo,l r mtt ' toga mph It 1r sr rr(Compos 10n Pe . lient or Project). oath3000.00 For -sed Atphdft TenMle Strerigth Lab or Field sarnpl ASN D 7), sat of 6 1,4 0100 p rrl .d Asphalt proctor on field blended sample (ASTM 01br 7), each 17&00 n i- �°Tari Senior Mat ri k Technician per hour 6.0 Materials Engineer f project Mara,. gar, per. hour ~ 160,OD 60nior Materials Engineer, per bola 10 Mileage, per rrli �. tl Hourly pera an.NW tet apply to jOb activities such ars review of dra in , sfi ifi atiorit and test resr�rtfs oOMult�atiOn With project personnel-, r�ra i liz tiot naval' time p? r�tel t portal: dle"n0 pili tion acrd report rr per tion. ,err overt r�� n'tu fiplier ref U vAl applied t work r ; oul id the hearts of 7.00 AM to = rM, more tfr rr 8 hours in torr clay, salurdays, Sundays arra holidays. minimum ohar of 4 h buts will a pr5lyto all fidi services c est sample pis�l� p Small Projects., rn y incur n initial set -tip d of 100!00. C (W24 10 STATE Of GEORGIA -C,VFY OF MILTON CON"FRAC17011.A AFIDAWT A-_ND.Ag�PERPP0,`N gy exei uting-:tlfis dfidmilt; th''e. unddr8iggad -oblitradtor Verifies its comphaace:-with O.C.CIA § 134MI, : V I ��,at' g affirmathel ihat. Ow4a.di, WRII the City of Milton. has .A.Is "uffleipAbil Ja-afedNWWb& riza lolv grmlj in a.ccorda,lice with the app i ty p autbo " H Prp licab I'i provisions and,deadflues estab1i'shed.-Itv 0 iCCTIA, §::1'3..10-91. The undorsigoodfurthor qgti= tNt, should it: enAploy or c,,b-tIt_dkt:WiIh MY SUbcoi.itraotor(s) in- coftnection with ft ptiy- 91cal. pri.1forimilicepf services. pursuant to :this contract with the, City -of Milton, contractor -will m. titre y6ific4tigil ot�;qmpfiallae with OG-Q,A, § 13 -IQ -91 on the.$ abeont.r4eto.r Altyl�l,,i-y,:it.,[iio,v.ided'i.ti.ktito 3004"08 Jst� Uit� Wall providd -by the pity; Coutr cior fivtht,v agroes io I . a olainuill: r6c O.f.well cohipliaxim a I.-PrO.Ado'li OGo ea Iv -such veriftation to -the City. of Milton at the py 5 3292 ESV /Aasic Pilot.?xogram User Apat Dtrto, Senior Vice President ,ritfc.of Auttiorized Of d,ey or A4ent ofCon.1nactor ,Bruce Altsta Pritited Norn:p, of-Mthady-ed, Offi!'nr.o.� Agent SUBSCRIBED.AND SWOIM'OTA BEFORkIVIC, ON THIS''THE Rb DAY 0.1? .... ...... ...... __,2012 A 13 INV ot.* pQbliib I couY .011 IlssioliExpires: A No Text Client#: 292136 80SMEINC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1 3/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB&T Insurance Services, Inc. 3318 West Friendly Ave., Ste. 400 Greensboro, NC 27410 CONTACT Cyndy Cagle PHONE 336 547-2137 FAX 8888318409 A/C, No, Ext): (Al,' No : E-MAIL ADDRESS: ccagle@bbandt.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: XL Specialty Insurance Company 37885 INSURED S&ME Inc. INSURER B : EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY 11420 Johns Creek Parkway Duluth, GA 30097 INSURER C: INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, WSRR TYPE OF INSURANCE ADDLISUBR NSR WVD POLICY NUMBER POLICY EFF MM/DID//YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMI9EWENT uante $ CLAIMS -MADE I—] OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ N/A WCRSTATU- OTH- OY L TS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in Ni E.L. DISEASE - POLICY LIMIT I $ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional DPR9694399 07/01/2011 07/01/2012 $ 5,000,000 Per Claim Liability $10,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Assessment of Full -Depth Reclamation Options - Portions of Batesville Road, Birmingham Road and Hagood Road Milton, Georgia City of Milton Attn: Mr. Carter Lucas, P.E. Public Works Director 13000 Deerfield Parkway Suite 107G ACORD 25 (2010/05) 1 of 1 #S8355121/M7063606 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0''e ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JCD COMMENTS/REMARKS RE: ASSESSMENT OF FULL -DEPTH RECLAMATION OPTIONS -PORTIONS OF BATESVILLE ROAD, BIRMINGHAM ROAD AND HAGOOD ROAD, MILTON, GA CERTIFICATE HOLDER, ITS OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS FOR GENERAL AND AUTOMOBILE LIABILITY COVERAGES PER FORMS CGD414 (04/08) AND CAT442 (04/09) ATTACHED. WAIVER OF SUBROGATION IS APPLICALBE TO ALL POLICIES PER FORM WS1205 (07/09) ATTACHED. I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I BUILDING SAFETY MONTH MAY 2012 WHEREAS, our City’s continuing efforts to address the critical issues of safety, energy efficiency and sustainability in the built environment that affects our citizens, both in everyday life and in times of natural disaster, gives us confidence that our structures are safe and sound; and WHEREAS, our confidence is achieved through the devotion of vigilant guardians - building safety and fire prevention officials, architects, engineers, builders, laborers and others in the construction industry -who work year- round to ensure the safe construction of buildings; and WHEREAS, the International Codes are the adopted building safety, energy and accessibility codes for the State of Georgia and are intended to safeguard the public from natural disasters such as hurricanes, tornadoes, earthquakes; and WHEREAS, Building Safety Month is sponsored by the International Code Council, International Code Council Foundation and the City of Milton, to remind the public about the critical role of our communities largely unknown guardians of public safety - our local code officials - who assure us of safe, efficient and livable buildings; and WHEREAS, “Building Safety Month: An International Celebration of Safe and Sensible Structures” is the theme for Building Safety Month 2012, and encourages all Americans to raise awareness of the importance of: building safety; green and sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry; and WHEREAS, Building Safety Month 2012, encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies; and WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property; NOW, THEREFORE, let it be known that we, the Mayor and City Council of the City of Milton, Georgia, given under my hand and seal of the City of Milton, Georgia on this 23 rd day of April 2012. ______________________________ Joe Lockwood, Mayor BIKE TO WORK MONTH MAY 2012 WHEREAS, for more than a century, the bicycle has been an important part of the lives of most Americans; and WHEREAS, today, millions of Americans engage in bicycling as an environmentally sound form of transportation, an excellent form of fitness, and quality family recreation; and WHEREAS, the education of cyclists and motorists as to the proper and safe operation of bicycles is important to ensure the safety and comfort of all users ; and WHEREAS, the League of American Bicyclists and independent cyclists throughout our state are promoting greater public awareness of bicycle operation and safety education in an effort to reduce accidents, injuries and fatalities ; and WHEREAS, Milton has been named a Bicycle Friendly Community by the League of American Bicyclists; NOW, THEREFORE, let it be known that we, the Mayor and City Council of the City of Milton, Georgia, do hereby proclaim the month of May 2012 as BIKE TO WORK MONTH in the City of Milton, Georgia given under my hand and seal of the City of Milton, Georgia on this 23rd day of April 2012. ______________________________ Joe Lockwood, Mayor (SEAL) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 1 of 19 RZ12-04/VC12-01 R/P RZ03-081 TIDE DRY CLEANERS RZ12-04/VC12-01 PROPERTY INFORMATION ADDRESS 12990 Hwy 9 (Outparcel 3) (22 52701047-276-5) DISTRICT, LAND LOT 2/2 1042 and 1047 OVERLAY DISTRICT State Route 9 EXISTING ZONING MIX (Mixed Use) - RZ03-081 PROPOSED ZONING C-1 (Community Business) ACRES .609 EXISTING USE Undeveloped PROPOSED USE dry cleaner PETITIONER Agile Pursuits Franchising, Inc, Justin Lurk ADDRESS 721 Emerson, Suite 300 St. Louis, MO 63141 OWNER Webb Road Promenade, LLC 3328 Peachtree Road, Suite 300 Atlanta, GA 30326 REPRESENTATIVE Alex Munoz 452 E. Paces Ferry Road Atlanta, GA 30305 INTENT To rezone from MIX (Mixed Use) to C-1 (Community Business) to develop a 3,321 square foot dry cleaner and to request a concurrent variance to reduce the 20 foot landscape strip to 10 feet along Hwy 9 (Sec 64-1090(a)). Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 2 of 19 RZ12-04/VC12-01 R/P RZ03-081 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 27, 2012 RZ12-04 – APPROVAL CONDITIONAL VC12-01 - WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – MARCH 27, 2012 RZ12-04 – APPROVAL CONDITIONAL – 7-0 Subject to the applicant submitting their disclosure report. VC12-01 – WITHDRAWAL – 7-0 The Planning Commission encouraged the applicant to change the location of the building closer to the street and move the parking to the rear consistent with the future Hwy 9/GA 400 LCI recommendations. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 3 of 19 RZ12-04/VC12-01 R/P RZ03-081 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 4 of 19 RZ12-04/VC12-01 R/P RZ03-081 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 5 of 19 RZ12-04/VC12-01 R/P RZ03-081 2030 COMPREHENSIVE FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 6 of 19 RZ12-04/VC12-01 R/P RZ03-081 SITE PLAN SUBMITTED ON FEBRUARY 7, 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 7 of 19 RZ12-04/VC12-01 R/P RZ03-081 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 RZ03-185 RZ07-007 C-1 (Community Business) Deerfield Place S/C 9,552.93 sq.ft./acre (total 299,293 sq.ft.) 8,805.43 sq.ft./acre (total 141,511 sq.ft.) Southeast 2 RZ74-48 U98-39 C-1 (Community Business) and Use Permit for Day Care Bright Horizons at Deerfield 6,514 sq.ft./acre (total 12,500 sq.ft.) Max 72 students Further Southeast 3 RZ10-05 U10-01 C-1(Community Business) and Use Permit for Assisted Living Undeveloped 4,972.8 sq.ft./acre (total 72,000 sq.ft) 72 beds Further Southeast 4 RZ73-01 C-1 (Community Business) Fry’s and Wal-Mart S/C None Stated Further South 5 Various C-1, C-2, O-I, AG-1 Various commercial, retail service and office uses and scattered single family Various Further West 6 RZ03-081 MIX (Mixed Use) Undeveloped offices 1,662.79 sq.ft./acre (total 50,000 sq.ft.) Northwest 7 RZ00-151 MIX (Mixed Use) Park at Windward Village Townhomes 2.10 units/acre 182 units West 8 RZ03-081 MIX (Mixed Use) The Shops at Windward Village 2,228.14 sq.ft./acre (total 67,000 sq.ft.) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 8 of 19 RZ12-04/VC12-01 R/P RZ03-081 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 9 of 19 RZ12-04/VC12-01 R/P RZ03-081 Subject site looking west Looking north from the site Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 10 of 19 RZ12-04/VC12-01 R/P RZ03-081 Looking east from the site Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 11 of 19 RZ12-04/VC12-01 R/P RZ03-081 SUBJECT SITE: The site is an out parcel within the Shops at Windward Village located on the west side of State Route 9, north of Webb Road. It is currently undeveloped with the exception of underground utilities and the frontage along SR 9 and contains .609 acre. Staff notes the landscape strip was constructed along SR 9 at the time the overall shopping center was developed. It is currently zoned MIX (Mixed Use) pursuant to RZ03-081 as a portion of a larger master planned development. The site is located within the Mixed Use/Living Working designation on the City’s 2030 Comprehensive Future Land Use Map. BACKGROUND: The applicant submitted land disturbance and building plans for the subject site which were reviewed by the Community Development staff. After further evaluation of the building plans, it was determined that the proposed dry cleaner would conduct cleansing of fabrics on site. Under the MIX (Mixed Use) zoning designation, only pick up and drop off dry cleaners which are considered service retail or service commercial use would be permitted. Therefore, Staff required the applicant to seek a rezoning to C-1 (Community Business) which permits a laundry and dry cleaning shop that “means a commercial establishment whose business is the cleansing of fabrics with non - aqueous organic solvents and may include laundering off-site” and is consistent with the proposed type of processes that will occur within the proposed structure. Staff notes that prior to the approval of the MIX (Mixed Use) designation for the subject parcel and surrounding areas for a mixed use development, the property was zoned from MIX to MIX pursuant to RZ00-151/VC00-304; AG-1 (Agricultural), C-1 (Community Business), and O-I (Office-Institutional) to MIX (Mixed Use) pursuant to RZ99-087/VC99-144. Also, there were various concurrent variances that were approved by the Fulton County Board of Commissioners that pertained to the subject site. These concurrent variances are vested with the property and the applicable concurrent variances are discussed below. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 7, 2012, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-776 for C-1 (Community Business) except where indicated Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 12 of 19 RZ12-04/VC12-01 R/P RZ03-081 Front yard – Maximum setback for buildings less than 50,000 square feet shall be 100 feet measured from the right-of-way along State Route 9 (SR 9 Overlay District) - Consistent Side yards adjacent to MIX (Mixed Use) (north and south property lines) – None See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090 Rear yard adjacent to MIX (Mixed Use) - west property line – None See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090 Minimum lot frontage – 35 feet - Consistent Height - There shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave. (SR 9 Overlay District) – Consistent SR 9 Overlay District Requirements Landscaping- Sec. 64-1090 Front adjacent to State Route 9 – 10 feet based on conditions of zoning pursuant to RZ03-081. VC12-01 – To reduce the landscape strip from 20 feet to 10 feet along State Route 9 (Sec 64-1090(a)) Since the time of the submitted application, further research was done regarding the existing 10 foot landscape strip along SR 9. Based on a condition of zoning pursuant to RZ03-081, which requires a minimum of 10 feet for a landscape strip interior to the reservation line (55 feet from centerline of SR 9) but any amount of landscaping outside the reservation line is not required. At the time of the land disturbance permit for the subject development, the Public Works Department required that the 55 feet from the centerline to the subject development be dedicated which is also the reservation line. That width comprised a through lane, right turn lane and a bicycle lane. Based on these facts, a need for a concurrent variance to reduce the 20 foot landscape strip is no longer needed. Therefore, Staff recommends WITHDRAWAL of VC12-01. Side and rear yards – none At the time of the rezoning of the subject site in 1999, a concurrent variance was granted to delete all interior landscape strips pursuant to VC99-144. This condition will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 13 of 19 RZ12-04/VC12-01 R/P RZ03-081 Fencing – Sec 64-1092(i and j) The State Route 9 Overlay District requires fencing along streets that shall be primarily dark stained wood and are in keeping with the equestrian and rural character of Milton. They shall not exceed 55 inches in height measured from finished grade and; shall also include a minimum three foot wide landscape strip on the exterior of the fencing. Although the site plan does not include the fence, it appears that it can be constructed on the site. Staff suggests that it be consistent with the existing fencing on the east side of SR 9 in the Deerfield Place Shopping Center. OTHER SITE PLAN CONSIDERATIONS Parking Requirements The site plan submitted indicates a total of 17 parking spaces. The proposed building is 3,321square feet in size. Pursuant to Sec. 64-1410, Calculations, 5 spaces per 1,000 square feet are required for a dry cleaner. Based on this calculation, a total of 16 spaces are required. The site plan is in compliance with the required parking spaces. Pursuant to Z03-081, a condition was included to allow shared parking according to Sec. 64-1411. Although, the subject site meets the required parking requirements, the overall site utilizes shared parking between uses. Therefore, this condition will be included in the Recommended Conditions. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams steep slopes, historical sites or sensitive plant and animal species. ARBORIST COMMENTS Staff notes that based on a condition pursuant to VC99-144, tree density will be provided for the entire site, not by individual parcels. This will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 14 of 19 RZ12-04/VC12-01 R/P RZ03-081 CITY OF MILTON FIRE MARSHAL There is no outstanding fire code issues associated with the proposed rezoning as they are now presented. DESIGN REVIEW BOARD MEETING COURTESY REVIEW – March 6, 2012 There was no comment regarding the proposed rezoning request. PUBLIC INVOLVEMENT On February 28, 2012 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was one member of the community in attendance representing the Park at Deerfield Townhomes. She was concerned about the proposed dry cleaner’s effect on the environment. In addition, it was her opinion that there were too many dry cleaners in the area. The applicant explained the type of cleansing processes that do not use the traditional “Perc” or Perchloroethylene but uses an environmentally friendly process to dry clean the fabrics. Public Comments – Staff has not received any correspondence regarding this development. PUBLIC PARTICIPATION REPORT The applicant conducted the required Public Participation Meeting on Saturday, March 10, 2012 at the Kroger Store on SR9 and Windward Parkway. There was only one person in attendance to learn more about the project after which he did not have any issues or objections. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 15 of 19 RZ12-04/VC12-01 R/P RZ03-081 The proposed 3,321 square foot dry cleaner is suitable based on the adjacent and nearby development of general service retail and restaurants to the west, south and east of the subject site. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal should not adversely affect existing use or usability of the adjacent properties based on the applicant’s proposed use for a dry cleaner. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use as currently zoned MIX (Mixed Use) developed with uses allowed within the MIX (Mixed Use) district. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Based on the proposed use for a dry cleaner, Staff does not anticipate a significant impact on existing streets, transportation facilities, utilities, or schools as proposed. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 Comprehensive Land Use Plan Map: Mixed Use/Living Working Proposed use/density: Dry Cleaner / 5,453.2 square feet per acre The Comprehensive Land Use Plan Map suggests Mixed Use/Living Working for the subject site and for properties north of Webb Road, Retail Service in the southeast quadrant of Webb Road and SR 9, Office on the south side of Webb Road with the exception of the southwest corner of Webb Road and SR 9. The Milton City Council adopted the City’s 2030 Comprehensive Plan on June 6, 2011. The request from MIX to C-1 is compatible with the suggested Mixed Use/Living Working designation as outlined in the Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 16 of 19 RZ12-04/VC12-01 R/P RZ03-081 compatibility chart within the 2030 Comprehensive Land Use Plan. The proposed development is consistent with the following Plan Policy developed with the recommended conditions: We will encourage mixed use developments, where appropriate, that are human scale, less auto oriented and include neighborhoods that are walkable, bicycle and wheelchair friendly. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed use of a dry cleaner that cleanses fabrics on-site is not a permitted use within the MIX (Mixed Use) zoning district, The C-1 (Community Business) district does allow this use. The proposed C-1 (Community Business) district is consistent with the 2030 Future Land Use Plan designation for Mixed Use/Living Working suggested zoning districts. In addition, there are other retail and service type businesses in the same development, to the east and southeast of the development. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed dry cleaner should not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations and the type of dry cleaning processes proposed by the applicant. CONCLUSION The proposed rezoning to C-1 (Community Business) is consistent with adjacent and nearby zonings and uses. In addition, it is consistent with the 2030 Future Land Use Plan which recommends a designation of Mixed Use/Living Working. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-04 to rezone from MIX (Mixed Use) to C-1 (Community Business). It is also Staff’s opinion that VC12-01 be WITHDRAWN for the reduction of the 20 foot landscape strip along SR 9 based on the zoning conditions for dedications and improvements. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 17 of 19 RZ12-04/VC12-01 R/P RZ03-081 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 5,453.2 gross square feet per acre zoned or a total of 3,321 square feet excluding fast food restaurants and drive throughs, gas stations and associated gas pumps, commercial amusements (cinemas are allowed), liquor sales and package stores(upscale wine stores are allowed), (restaurants may sell liquor by the drink), motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article IX, Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, convenient stores and fortune tellers. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 7, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 18 of 19 RZ12-04/VC12-01 R/P RZ03-081 3) To the owner’s agreement to the following site development considerations: a) Provide tree density for the entire MIX (Mixed Use) development, not by individual parcels. (VC99-144) b) Allow shared parking according to Sec. 64-1411. (RZ03-081) c) No interior landscape strips are required. (VC99-144) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Reserve for the City of Milton along the necessary property frontage of the following roadway, prior to the approval of a Land Disturbance permit. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Sec. 64- 1090(a) shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation: 55 feet from centerline of Cumming Hwy (SR 9) or as may be required by the Georgia Department of Transportation. b) Dedicate at no cost to the City of Milton along the entire property frontage, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide the following right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the right-of-way is being improved: 30 feet from centerline of Cumming Highway (SR 9) or as may be required by the Georgia Department of Transportation. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 23, 2012 4/16/2012 Page 19 of 19 RZ12-04/VC12-01 R/P RZ03-081 c) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. ORDINANCE NO._______ PETITION NO. RZ12-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM MIX (MIXED USE) TO C-1 (COMMUNITY BUSINESS) FOR 3,321 SQUARE FEET OF RETAIL SERVICE COMMERCIAL ON HIGHWAY 9 HAVING A FRONTAGE OF 119.22 FEET (22 52701047-276-5) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 23rd at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Highway 9 with frontage of 119.22 feet (Parcel 22 52701047-276-5), consisting of a total of approximately .609 acre as described in the attached legal description, be rezoned to the C-1 (Community Business) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1042 and 1047 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the C-1 (Community Business) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 18 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of April, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS RZ12-04 If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 5,453.2 gross square feet per acre zoned or a total of 3,321 square feet excluding fast food restaurants and drive throughs, gas stations and associated gas pumps, commercial amusements (cinemas are allowed), liquor sales and package stores(upscale wine stores are allowed), (restaurants may sell liquor by the drink), motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishm ents as defined in Article IX, Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, convenient stores and fortune tellers. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 7, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide tree density for the entire MIX (Mixed Use) development, not by individual parcels. (VC99-144) b) Allow shared parking according to Sec. 64-1411. (RZ03-081) c) No interior landscape strips are required. (VC99-144) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Reserve for the City of Milton along the necessary property frontage of the following roadway, prior to the approval of a Land Disturbance permit. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Sec. 64- 1090(a) shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation: 55 feet from centerline of Highway 9 (SR 9) or as may be required by the Georgia Department of Transportation. b) Dedicate at no cost to the City of Milton along the entire property frontage, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide the following right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the right-of-way is being improved: 30 feet from centerline of Highway 9 (SR 9) or as may be required by the Georgia Department of Transportation. c) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. SITE PLAN SUBMITTED ON FEBRUARY 7, 2012 City of Milton 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Date: March 1, 2012 Agenda Item: RZ12-02 - To adopt the corrected City of Milton Zoning Map as indicated on the Geographical Information System (GIS) including all zoning actions prior to January 1, 2012 as shown on “Current Zoning Map Dated January 2012” for the April 9, 2012 First Presentation and the April 23, 2012 Final Presentation CMO (City Manager’s Office) Recommendation: To approve the corrected City of Milton Zoning Map which includes all zoning actions prior to January 1, 2012. Background: It is prudent and necessary to adopt zoning maps by reference. In addition, to effectively adopt the Zoning Map by reference the document must be sufficiently identified, be made a public record, be accessible to members of the public affected by it, and the adopting ordinance must give notice of accessibility. Discussion: It is the Community Development Department’s responsibility to maintain both the zoning ordinance and zoning maps (Sec 64-392 of the Zoning Ordinance) for the City of Milton. In addition, at the beginning of each calendar year, Staff will check that all zonings from the prior year are correctly reflected on the map. By certifying the zoning map, any potential litigation as it pertains to the zoning map, should not have any basis. The attached Zoning Map along with an adopting Ordinance is included for your review. Alternatives: There are no recommended alternatives to this ordinance. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney STATE OF GEORGIA ORDINANCE# COUNTY OF FULTON RZ12-02 AN ORDINANCE TO ADOPT THE CORRECTED CITY OF MILTON CURRENT ZONING MAP DATED JANUARY 2012 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 23, 2012 at 6 p.m. as follows: SECTION 1. The City of Milton, Georgia is hereby divided into zones or districts consistent with those zones or districts as shown on the “Current Zoning Map of the City of Milton,” dated January 2012. Together with all explanatory matter thereon, is hereby adopted by reference as a part of the City of Milton Zoning Ordinance; SECTION 2. This is to certify that the zoning map referred to in the City of Milton Zoning Ordinance, Section 64-392, is amended through January 2012; SECTION 3. This Ordinance is effective April 23, 2012 and; SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 23rd day of April, 2012. _____________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie Gordon, City Clerk (Seal) Page is too large to OCR. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: April 11, 2012 for the April 23, 2012 City Council Meeting (April 9 – First Presentation, April 16 – Work Session) Re: RZ12-03 – Text Amendment to Article XVIII of Chapter 64 of the City Code –Historic Preservation Commission CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to amend Article XVIII of Chapter 64, Historic Preservation Commission, as recommended by Staff. Background: The Historic Preservation Commission ordinance was amended on October 17, 2011 by the Mayor and City Council based on recommendations from the State Department of Natural Resources, Historic Division. After the adoption of the text amendment, Staff forwarded it to the State Department of Natural Resources for their final approval of changes. After reviewing the ordinance, the State sent back further changes that needed to be amended in the HPC ordinance. Discussion: The primary issue was that portions of the approved ordinance were inconsistent with The Georgia Historic Preservation Act (44-10-1) which is the enabling legislation for jurisdictions to establish and operate their Historic Preservation Ordinance. The following are the main issues that were inconsistent with the enabling legislation which are also highlighted in yellow in the proposed text amendment: Deletion of the Design Review Board, based on the fact that the HPC will now review all buildings weather they are contributing or non-contributing. Under the definition of Historic: the deletion of the word “famous” as it is too arbitrary. The historic resource only has to meet one of the seven qualities, not all or some. Needed to choose between non-historic and non-contributing. Increased the number of official voting HPC members to be appointed from the list of professionals from one to three. Needed to ensure there was continual City staff support for the HPC and coordinate with the City Council. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 Deleted the requirement that no buildings shall be moved from their original location to be considered a historic structure. It would limit the number of designated historic structures. Included “objects” to be considered for a certificate of appropriateness. Under the “Appeals” section, amended to be consistent with the enabling legislation. The remainder of changes were recommended by the City Attorney and are red lined. A clean version is also provided for your review. Planning Commission Recommendations The Planning Commission met on March 27, 2012 and on April 10, 2012 to make recommended changes to the ordinance. The City Attorney was present at the April 10th meeting to give his input and answer the Planning Commission’s questions. Items that were suggested by the Planning Commission considered minor changes are included in Staff’s recommendation and highlighted in gray. These minor changes are listed below. A clean version is also provided for your review. Deleted the definition “Certificate of endorsement” based on the fact that the Design Review Board will not be reviewing any properties. (Page 1) Deleted the term “feeling and association” and corrected the sentence structure. (Page 2) Inserted the phrase “on behalf of the City of Milton” in (f). (Page 5) Made the mailed notification procedure consistent between (7) and (3).(Page 8) Under (o), Appeals the increased the number of days from 15 to 30 days for an appeal. (Page 12) Staff has provided a separate document which reflects the major changes recommended by the Planning Commission’s from both of their meetings. These comments are shown in purple. A clean version is also provided for your review. Added under number (4) within the Historic district definition, “includes at least one historic property designated concurrently or prior to designation of the historic district.” (Page 2) Provided for the Milton City Council various responsibilities in lieu of the HPC under Section 64-2453, Creation of a historic preservation commission, (c)(5), (8),(12),(13),(14). (Page 4) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 3 Under (h) Undue hardship, the PC recommended that HPC recommend to the City Council if a variance should be granted instead of the HPC making the variance decision. (Page 11) Under (k)(2), Requirement of conformance with a certificate of appropriateness, the PC recommended that the City Council, instead of the HPC, initiate any appropriate action or proceeding in a court. (Page 12) Recommendation: Based on the above analysis, Staff recommends consideration and approval of the HPC Ordinance. The approval of this text amendment will enable the Historic Preservation Commission to continue their work and to recommend structures and in the future districts to the City Council for historic designation. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to XVIII of Chapter 64, Historic Preservation Commission. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney – Reviewed February 2012 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 1 of 15 Sec. 64-2451. - Purpose. 1 In support and furtherance of its findings and determination that the historical, cultural, and 2 aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the 3 preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the 4 people; 5 In order to maintain historic structures and to protect and enhance local historical and aesthetic 6 attractions to residents and tourists and thereby promote and stimulate business; 7 In order to enhance the opportunities for federal or state tax benefits under relevant provisions of 8 federal or state law; and 9 In order to provide for designation, protection, preservation, and rehabilitation of historic properties 10 and to participate in federal or state programs to do the same; 11 The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this 12 article to establish a uniform procedure for use in providing for the identification, protection, enhancement, 13 perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features 14 having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the 15 provisions of the article. 16 (Ord. No. 10-06-65, § I, 6-25-2010) 17 Sec. 64-2452. - Definitions. 18 The following words, terms and phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context clearly indicates a different meaning:] 20 Application for designation means a formal request in writing in a form specified by the historic 21 preservation commission that the historic preservation commission consider a property for possible 22 designation as a historic property or historic district. 23 Building means any structure with a roof, designed or built for the support, enclosure, shelter, or 24 protection of persons, animals, chattels, or property of any kind. 25 Certificate of appropriateness means a document evidencing approval by the historic preservation 26 commission of an application to make a material change in the appearance of a designated historic property 27 or of a property located within a designated historic district. 28 Certificate of endorsement means a document evidencing support of a material change in the 29 appearance of a property located within an overlay district by the person or board designated within an 30 overlay district. 31 Contributing means a building, structure, object, site or work of art that adds to the historic 32 architectural qualities or archaeological values for which the district is significant because it was present 33 during the period of significance, relates to the documented signific ance of the district, and possesses 34 historic integrity or is capable of yielding important information about the period of significance. 35 Designation means a decision by the City of Milton to designate a property as a "historic property" 36 or as a "historic district" and thereafter prohibit all material change in appearance of such property or within 37 such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission 38 of the City of Milton. 39 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 2 of 15 Design Review Board (DRB) means a Board consisting of seven City of Milton residents, and / or 40 business owners who review all plans for development in the City, except for single family residences for 41 compliance with the standards of the Zoning Ordinance prior to the approval of a building permit, primary 42 variance and land disturbance permit and for both the residential and nonresidential structures for a 43 demolition permit. 44 Exterior architectural features means the architectural style, general design, and general 45 arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture 46 of the building material and the type and style of all windows, doors, signs, and other appurtenant 47 architectural fixtures, features, details, or elements relative to the foregoing. 48 Exterior environmental features means all aspects of the landscape or the development or 49 appearance of a site which affect the historical character of the property. 50 Historic means belonging to the past; of what is important or famous culturally significant in the 51 past; . A historic resource should shall be at least 50 years old, and should retain a high degree of 52 significant degree of integrity that is comprised of at least one of seven qualities: location, design, setting, 53 materials, and workmanship. feeling, and association. 54 55 Historic district means a geographically definable area, urban or rural, possessing a significant 56 concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a c ombination 57 thereof, which (1) have special character or special historical or aesthetic interest or value; (2) represent one 58 or more periods or styles or architecture typical of one or more eras in the history of Milton, Fulton County, 59 Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible 60 section of the City of Milton. A district may also comprise individual elements separated geographically but 61 linked by association or history. A historic district s hall further mean an area designated by the Milton City 62 Council as a historic district pursuant to the criteria established in subsection 64-2454(b) of this article. 63 Historic property means an individual building, structure, site, or object designated by the Milton 64 City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article. 65 Material change in appearance means a change that will affect the exterior architectural or 66 environmental features of a historic property or any building, structure, site, object, or landscape feature 67 within a historic district, such as: 68 (1) 69 A reconstruction or alteration of the size, shape, or façade of a historic property, including 70 but not limited to, relocation of any doors or windows or removal or alteration of any 71 architectural features, details, or elements; 72 (2) 73 Demolition or relocation of a historic structure; 74 (3) 75 Commencement of excavation for construction purposes; 76 (4) 77 A change in the location or removal of advertising visible from the public right-of-way; or 78 (5) 79 The erection, alteration, restoration, or removal of any building or structure within a historic 80 property or district, including but not limited to walls, fences, steps and pavements, or 81 other appurtenant features, except exterior paint alterations. 82 83 84 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 3 of 15 Non-contributing means a non historic resource or classification applied to an individual property 85 located within a designated historic district, signifying that the property does not contribute to the distinctive 86 character of the district. Such properties are subject only to the provisions of this chapter regarding new 87 construction, including general landscape charact er, and only when the amount of new construction equals 88 or exceeds twenty-five percent (25%) of the land area or building ground floor area of the property at the 89 time of its identification as noncontributing. 90 91 Non-historic means the resource does not meet the criteria for local landmark designation and 92 therefore does not have potential for designation. 93 Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that 94 may be, by nature or design, movable yet related to a specific setting or environment. 95 Site means the location of a significant event, a prehistoric or historical occupation or activity, or a 96 building or structure, whether standing, ruined, or vanished where the location itself maintains historical, or 97 of archeological value regardless of the value of any existing structure. 98 Structure means a work of interdependent and inter-related parts in a definite pattern of 99 organization. A manmade object; it may be large or small in sc ale. 100 (Ord. No. 10-06-65, § II, 6-25-2010) 101 Sec. 64-2453. - Creation of a historic preservation commission. 102 (a) 103 Creation of the historic preservation commission. There is hereby created a commission whose title 104 shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). 105 (b) 106 HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven 107 members. Each of the individual members of the Milton City Council and the Mayor shall appoint a 108 member of the HPC. The terms of individual members shall be two years, or until a new member is 109 appointed to replace them – whichever occurs later, and shall begin on January 1 of each even 110 numbered calendar year. If a member is replaced for any reason, the new member shall serve only 111 the remaining portion of the replaced member’s term. There shall be no limit on the number of 112 terms a member may serve on the HPC. The HPC shall consist of seven members appointed by 113 the Milton City Council concurrent with appointing council member’s term. All members shall be 114 residents of the City of Milton and shall be persons who have demonstrated special interest, 115 experience, or education in history, architectural history, or the preservation of historic resources. 116 Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a 117 councilperson's respective council district. 118 To the extent an individual isindividuals are available and willing to serve in the City of Milton, at 119 least three one official, voting HPC member shall be appointed from among professionals in the 120 disciplines of architecture, history, architectural history, planning, archeology, building construction, 121 real property appraisal, or related professions. 122 HPC members shall not receive a salary, although they may be reimbursed for expenses with the 123 prior approval of the city manager. 124 (c) 125 Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other, 126 Ordinance, t The HPC shall be authorized to: 127 (1) 128 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 4 of 15 Prepare and maintain an inventory of all property within the City of Milton having the 129 potential for designation as historic; 130 (2) 131 Recommend to the Milton City Council specific districts, sites, buildings, structures, or 132 objects to be designated by ordinance as a historic property or a historic district; 133 134 (3) 135 Review applications for Certificates of Appropriateness, and grant or deny same in 136 accordance with the provisions of this article; 137 (4) 138 Recommend to the Milton City Council that any designation of a historic property or 139 historic district be revoked or removed; 140 141 (5) 142 Restore or preserve any historic properties acquired by the City of Milton, subject to 143 funding availability and with the prior approval of the Milton City Council; 144 145 (6) 146 Promote the acquisition by the City of Milton of facade easements and conservation 147 easements as appropriate, in accordance with the provisions of the Georgia Uniform 148 Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); 149 (7) 150 Conduct educational programs on historic properties located within the City of Milton an d 151 on general historic preservation activities; 152 153 154 (8) 155 Make such investigations and studies of matters relating to historic preservation including 156 consultation with historic preservation experts, as the Milton City Council or the HPC itself 157 may, from time to time, deem necessary or appropriate for the purposes of preserving 158 historic resources; 159 (9) 160 Research local, state, federal, or private funds for historic preservation, and make 161 recommendations to the Milton City Council concerning the most appropriate use of any 162 funds acquired; 163 (10) 164 Recommend to the Milton City Council possible historic resource incentive programs for 165 their review; 166 (11) 167 Submit to the Historic Preservation Division of the Georgia Department of Natural 168 Resources a list of designated historic properties or historic districts; 169 (12) 170 Perform historic preservation activities as the official agency of the Milton Historic 171 Preservation Program; 172 (13) 173 Retain persons with professional expertise to carry out specific tasks, as needed, subject 174 to approval by the Milton City Council; 175 176 (14) 177 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 5 of 15 Receive donations, grants, funds, or gifts of historic property and acquire and sell historic 178 properties provided the Milton City Council has provided prior consent to do so and all 179 state and local laws regarding local government property disposition are followed. The 180 receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does 181 not violate the City of Milton Code of Ethics; 182 (15) 183 Review and make comments to the Historic Preservation Division of the Georgia 184 Department of Natural Resources concerning the nomination of properties within its 185 jurisdiction to the National Register of Historic Places; 186 (16) 187 Participate in private, state, and federal historic preservation programs and with the 188 approval of the Milton City Council enter into contractual agreements to do the same. 189 190 (17) 191 Work with a City of Milton Staff member, who will serve as liaison between HPC and 192 Mayor and City Council. 193 194 (d) 195 HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the 196 transaction of business and for consideration of applications for designations and certificates of 197 appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC 198 shall have the flexibility to adopt such rules and standards without amendment to this article. The 199 HPC shall provide for the time and place of regular meetings and a method for the calling of special 200 meetings, consistent with the Georgia Open Meetings Act. The HP C shall select such officers as it 201 deems appropriate from among its members. A quorum shall consist of a majority of voting 202 members. All rules shall be ratified by the Milton City Council before becoming effective. 203 204 (e) 205 Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia 206 Statutes and in the City of Milton Charter. 207 208 209 210 (f) 211 HPC's authority to receive funding from various sources. The HPC shall have the authority to 212 accept donations on behalf of the City of Milton and shall ensure that these funds do not displace 213 appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics 214 Code. 215 (g) 216 Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and 217 actions. Reports to the Milton City Council will also be made on a regular and timely basis. 218 (Ord. No. 10-06-65, § III, 6-25-2010) 219 Sec. 64-2454. - Recommendation and designation of historic properties. 220 (a) 221 Preliminary research by HPC. 222 (1) 223 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 6 of 15 HPC's mandate to conduct a survey of local historical resources: The HPC shall compile 224 and collect information on historic resources with the City of Milton. Records shall be 225 stored in the City of Milton storage area. 226 (2) 227 HPC's power to recommend districts and buildings to the Milton City Council for 228 designation: The HPC shall may present to the Milton City Council recommendations for 229 historic districts and properties. 230 (3) 231 HPC's documentation of proposed designation: Prior to the HPC's recommendation to the 232 Milton City Council of a property or district for historic designation, the HPC shall prepare 233 a report for nomination recommendation consisting of: 234 a. 235 A detailed physical description of the proposed historic property or historic 236 district; and 237 b. 238 A statement of the historical, cultural, architectural, and/or aesthetic significance 239 of the proposed historic property or historic district; and 240 c. 241 A map showing district boundaries and classification (i.e., contributing, 242 noncontributing) of individual properties therein, or showing boundaries of 243 individual properties; and 244 d. 245 A statement justifying the boundaries of the proposed property or district; and 246 e. 247 Representative photographs of the proposed property or district. 248 (b) 249 Designation of historic district. 250 (1) 251 Criteria for selection of historic districts: A historic district is a geographically definable 252 area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, 253 buildings, structures, works of art, or objects, or a combination thereof, which (1) have 254 special character or special historical or esthetic interest or value; (2) represent one or 255 more periods or styles or architecture typical of one or more eras in the history of Milton, 256 the State of Georgia, or the nation; and (3) cause such area, by reason of such factors, to 257 constitute a visibly perceptible section of the City of Milton. A district may also comprise 258 individual elements separated geographically but linked by association or history. A 259 historic district is may be deemed worthy of preservation by reason of value to the nation, 260 the State of Georgia, or the City of Milton for one or moreat least one of the following 261 reasons: 262 a. 263 It possesses an outstanding example of structures representative of its era; or 264 265 266 b. 267 It contains the few remaining examples of a past architectural style or type over 268 50 years old; or 269 270 c. 271 It is a place associated with an event or persons of historic or cultural 272 significance to the City of Milton, State of Georgia, or the region; or 273 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 7 of 15 274 275 d. 276 It is the site of natural, archeological, or aesthetic interest that contributes to the 277 cultural or historical development and heritage of the municipality, county, state, 278 or region. 279 (2) 280 Boundaries of a historic district: Boundaries of a historic district shall be included in the 281 separate ordinances designating such districts and shall be shown on the official zoning 282 map of the City of Milton, Georgia. 283 (3) 284 Evaluation of properties within historic districts: individual properties within historic districts 285 shall be classified as: 286 a. 287 Contributing (contributes to the district); or 288 b. 289 Noncontributing (Does not contribute to the district as provided for in subsection 290 (b)(1) of this section). 291 (c) 292 Designation of historic property. 293 (1) 294 Criteria for selection of historic properties: An individual building, structure, site or object 295 deemed worthy of preservation by reason of value to the nation, the State of Geo rgia, or 296 the City of Milton for one or more of the following reasons: 297 a. 298 It is an outstanding example of a structure representative of its era; or 299 b. 300 It is one of the few remaining examples of a past architectural style or type over 301 50 years old; or 302 c. 303 It is a place associated with an event or persons of historic or cultural 304 significance to the City of Milton, State of Georgia, or the region; or 305 d. 306 It is the site of natural, archeological, or aesthetic interest that contributes to the 307 cultural or historical development and heritage of the municipality, county, state, 308 or region. 309 (2) 310 No building, structure, site or object shall be eligible to be designated as a historic property 311 unless it existed on the same property since the incorporation of the City of M ilton. 312 (d) 313 Requirement for adopting an ordinance for the designation of historic districts and historic 314 properties. 315 316 317 318 (1) 319 Application for designation of historic districts or properties: Proposals may be submitted 320 by the Milton City Council, via majority vote, or by the HPC via a majority of that 321 commission, or: 322 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 8 of 15 a. 323 For historic districts—A historical society, neighborhood association, or the 324 owners of a group of properties; 325 b. 326 For historic properties—A historical society, neighborhood association, or the 327 property owner. 328 329 330 (2) 331 Required components of a designation ordinance: Any ordinance designating any property 332 or district as historic shall: 333 a. 334 List each property in a proposed historic district or describes the proposed 335 individual historic property; 336 b. 337 Set forth the name(s) of the owner(s) of the designated property or properties; 338 339 c. 340 Require that a certificate of appropriateness be obtained from the HPC prior to 341 any material change in appearance of the designated prop erty; and 342 d. 343 Require that the property or district be shown on the official zoning map of the 344 City of Milton, Georgia and kept as a public record to provide notice of such 345 designation. 346 (3) 347 Require public hearings: The HPC and the Milton City Council shall hold a joint public 348 hearing at a special or regular HPC meeting on any proposed ordinance for the 349 designation of any historic district or property. Notice of the hearing shall be published in 350 at least three consecutive issues of the newspaper utilized by Milton as the legal organ, 351 and written notice of the hearing shall be mailed not less than ten or more than 20 days 352 prior to the date set for the public hearing. A notice sent via the United States mail to the 353 last-known owner of the property shown on the City of Milton tax digest and a notice sent 354 via United States mail to the address of the property to the attention of the occupant shall 355 constitute legal notification to the owner and occupant under this article. 356 A notice sent via the United States mail to the last-known owner of the property shown on 357 the City of Milton tax digest and a notice sent via attention of the occupant shall constitute 358 legal notification to the owner and occupant under this section. 359 (4) 360 Notification of historic preservation division: No less than 30 days prior to making a 361 recommendation on any ordinance designating a property or district as historic, the HPC 362 must submit the report, required in subsection 64-2454(a)(3), to the historic preservation 363 division of the department of natural resources. 364 (5) 365 Recommendations on proposed designations: A recommendation to affirm, modify or 366 withdraw the proposed ordinance for designation shall be made by the HPC within 15 367 days following the joint public hearing and shall be in the form of a resolution to the Milton 368 City Council. 369 (6) 370 Milton City Council action on the HPC's recommendation: Following receipt of the HPC 371 recommendation, the Milton City Council may adopt the ordinance for designation as 372 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 9 of 15 proposed, may adopt the ordinance with any amendments it deems necessary, or reject 373 the ordinance. 374 (7) 375 Notification of adoption of ordinance for designation: Within 30 days following the adoption 376 of the ordinance for designation by the Milton City Council, the owners and occupants of 377 each designated historic property, and the owner(s) and occupants of each building, 378 structure, or site located within a designated historic district, shall be given written 379 notification of such designation by the Milton City Council, which notice shall apprise said 380 owners and occupants of the necessity of obtaining a certificate of appropriateness prior 381 to undertaking any material change in appearance of the historic property designated or 382 within the historic district designated. A notice sent via the United States mail to the last-383 known owner of the property shown on the City of Milton tax digest and a notice sent via 384 United States mail to the address of the property to the attention of the occupant shall 385 constitute legal notification to the owner and occupant under this article. 386 387 (8) 388 Notification of other agencies regarding designation: The HPC shall notify all necessary 389 agencies within the City of Milton of the ordinance for designation. 390 391 392 (9) 393 Moratorium on applications for alteration or demolition while ordinance for designation is 394 pending: If an ordinance for designation is being considered, the hpc shall notify the 395 permitting division of the community development department. No permit of any kind shall 396 be issued for work which would constitute a material change in the appearance of a 397 structure, site, or landscaping within the designated area until the proposed ordinance is 398 enacted or rejected by the city council. The HPC must recommend via resolution an 399 ordinance for designation to the city council within 45 days of the permitting division 400 denying a building permit based on the moratorium. 401 (Ord. No. 10-06-65, § IV, 6-25-2010) 402 Sec. 64-2455. - Application to HPC or DRB for a certificate of appropriateness or 403 endorsement. 404 (a) 405 Approval of material change in appearance involving historic properties. After the designation by 406 ordinance of a historic property or of a historic district, no material change in the appearance of 407 such historic property, or of a contributing or noncontributing building, structure, site or object within 408 such historic district shall occur or be permitted to be made by the owner or occupant thereof 409 unless or until the application and approval of a certificate of appropriateness appropriateness.or 410 endorsement. Certificates of appropriateness for material changes in historic properties and 411 material changes to contributing and noncontributing buildings, structures, sites, or objects in 412 historic districts shall be issued by the HPC in accord with the process set forth below. A certificate 413 of endorsement for noncontributing buildings, structures, sites or objects within a historic district 414 shall be considered by the DRB after a public hearing and otherwise in accord with ordinary and 415 normal DRB processes and procedures. A building permit shall not be issued without a certificate 416 of appropriateness or endorsement. The DRB shall be informed of any pertinent information as it 417 relates to the historic district in which said structure is located. 418 419 420 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 10 of 15 A certificate of appropriateness shall be required before construction can begin even in cases 421 wherebegin for historic properties or properties within a historic district, regardless of whether a 422 building permit is not required. 423 (b) 424 Submission of plans to HPC. An application for a certificate of appropriateness shall be 425 accompanied by drawings, photographs, plans and documentation required by the HPC. 426 (c) 427 Interior alterations. In its review of an applications for certificates a certificate of appropriateness 428 the HPC shall not consider interior arrangement or use having no effect on exterior architectural 429 features. 430 (d) 431 Technical advice. The HPC shall have the power to seek technical advice from outside its members 432 on any application. 433 (e) 434 Public hearings on applications for certificates of appropriateness, notices, and right to b e heard. 435 The HPC shall hold a public hearing at which each proposed certificate of appropriateness is 436 discussed. Notice of the hearing shall be published in the newspaper utilized by Milton as the legal 437 organ and written notice of the hearing shall be made by the HPC to all owners and occupants of 438 the subject property. The written and published notice shall be provided in the same manner and 439 time frame as notices as required by the Georgia Zoning Procedures Law. 440 The HPC shall provide the property owner and/or applicant an opportunity to be heard at the 441 certificate of appropriateness hearing. 442 (f) 443 Acceptable HPC response to applications for certificates of appropriateness. 444 HPC action: The HPC may (i) approve the application for a certificate of appropriateness as 445 proposed; (ii) approve the application for a certificate of appropriateness with any modifications it 446 deems necessary; or (iii) reject it.the application for a certificate of appropriateness. 447 448 (g) Grounds for approval. (1) 449 The HPC shall approve the application and issue a certificate of appropriateness if it finds that the 450 proposed material change(s) in the appearance would not have a substantial adverse effect on the 451 aesthetic, historic, or architectural significance and value of the historic property or the historic 452 district. In making this determination, the HPC shall consider, in addition to any other pertinent 453 factors, the following criteria: 454 455 a1. 456 For rReconstruction, alteration, new construction or renovation: Whether the 457 proposed actions conform in design, scale, building material, setback and site 458 features and to the United States Secretary of the Interior's Standards for 459 Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 460 b2.. 461 For rRelocation: 462 1a. 463 The historic character and aesthetic interest of the building, structure, or 464 object contributes to its present setting; 465 2b. 466 Whether there are definite plans for the area to be vacated and what the 467 effect of those plans on the character of the surrounding area will be; 468 3c. 469 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 11 of 15 Whether the building, structure, or object can be moved without 470 significant damage to its physical integrity; 471 4d. 472 Whether the proposed relocation area is compatible with the historical 473 and architectural character of the building, structure, site, or object. 474 c3. 475 For dDemolition: 476 1a. 477 The historic, scenic, or architectural significance of the building, 478 structure, site, or object; 479 2b. 480 The importance of the building, structure, site, or object to the ambiance 481 of the area; 482 3c. 483 The difficulty or impossibility of reproducing such a building, structure, 484 site, or object because of its design, texture, material, detail, or unique 485 location; 486 4d. 487 Whether the building, structure, site, or object is one of the last 488 remaining examples of its kind in the neighborhood or the city; 489 5e. 490 Whether there are definite plans for use of the property if the proposed 491 demolition is carried out, and what the effect of those plans on the 492 character of the surrounding area would be; 493 494 6f. 495 Whether reasonable measures can be taken to save the building, 496 structure, site, or object from collapse; 497 7g. 498 Whether the building, structure, site, or object is capable of earning 499 reasonable economic return on its value. 500 501 (gh) 502 Undue hardship. When, by reason of unusual circumstances, the strict application of any provision 503 of the ordinance would result in the exceptional practical difficulty or undue economic hardship 504 upon any owner of a specific property, the HPCcommission, in passing upon applications, shall 505 have the power to recommend to the Milton Mayor and City Council to vary or modify strict 506 provisions, so as to relieve such difficulty or hardship; provided such variances, modifications, 507 interpretations shall remain in harmony with the general purpose and intent of said provisions, so 508 that the architectural or historical integrity, or character of the property, shall be conserved and 509 substantial justice done. In granting variances, the Milton Mayor and City Council HPC may impose 510 such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the 511 purpose of this article. An undue hardship shall not be a situation of the person's own making. 512 (hi) 513 Deadline for approval or rejection of application for a certificate of appropriateness. 514 515 (1) 516 The HPC shall approve or reject an application for a certificate of appropriateness within 517 45 days after the filing thereof by the owner or occupant of a historic property, building, 518 structure, object or site. Evidence of approval shall be by a certificate of appropriateness 519 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 12 of 15 issued by the HPC. Notice of the issuance or denial of a certificate of appropriateness 520 shall be sent by United States certified mail to the applicant and all other persons who 521 have requested such notice in writing filed with the HPC. 522 (2) 523 Should the HPC fail to approve or reject an application for a certificate of appropriateness 524 within 45 days the application shall be deemed automatically approved. 525 (ij) 526 Necessary action to be taken by HPC upon rejection of application for a certificate of 527 appropriateness. 528 (1) 529 In the event the HPC rejects an application for a certificate of appropriateness, it the HPC 530 shall state its reasons for doing so, and shall transmit a record of such actions rejection 531 and reasons, in writing, to the applicant. The HPC may suggest alternative courses of 532 action it thinks proper if it disapproves rejects of the application submitted. The applicant, 533 if he or she so desires, may make modifications to the plans and may resubmit the 534 application at any time after making said modifications. 535 (2) 536 In cases where the application for a certificate of appropriateness covers a material 537 change in the appearance of a structure which would require the issuance of a building 538 permit, the rejection of the application for a certificate of appropriateness by the HPC shall 539 be binding upon the building inspector or other administrative officer charged with issuing 540 building permits and, in such a case, no building permit shall be issued. 541 (jk) 542 Requirement of conformance with a certificate of appropriateness. 543 (1) 544 All work performed pursuant to an issued certificate of appropriateness shall conform to 545 the requirements of such certificate. In the event work is performed not in accordance with 546 such certificate, the HPC may request that the city obtain a cease and desist order from 547 the appropriate tribunal and all work shall cease. 548 (2) 549 The Milton City Council or the HPC may, of its own initiative or at the request of the HPC, 550 initiate any appropriate action or proceeding in a court of competent jurisdiction to prevent 551 any material change in appearance of a designated historic property, except those 552 changes made in compliance with the provisions of this ordinance or to prevent any illegal 553 act or conduct with respect to such historic property. 554 (kl) 555 Certificate of appropriateness void if construction not commenced. 556 (1) 557 A cCertificate of appropriateness shall become void unless construction the work 558 described in the application for a certificate of appropriateness as approved by the HPC 559 has commenced within six months of the date of issuance. 560 561 562 (2) 563 A certificate of appropriateness shall expire after 18 months unless said certificate is 564 renewed. A certificate of appropriateness may be renewed for a single 18-month period. 565 566 An renewal application for renewal must be sought submitted to the Community 567 Development Director prior to the expiration of the original certificate of appropriateness. 568 The Director shall approve the application for renewal provided the project is not in 569 violation of any City Ordinance. 570 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 13 of 15 571 ((lm) 572 Recording an application for a certificate of appropriateness. The HPC shall keep a public record of 573 all applications for a certificate of appropriateness, and of all the HPC's proceedings in connection 574 with said application. These records shall be maintained at city hall. 575 (mn) 576 Acquisition of property. The HPC may, where such action is authorized by the Milton City Council 577 and is reasonably necessary or appropriate for the preservation of a historic property, enter into 578 negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the 579 property or any interest therein. If property is conveyed based upon the efforts of the HPC, the 580 property interest shall be conveyed in the name of the City of Milton, Georgia. 581 (no) 582 Appeals. Any person adversely affected by any determination made by the HPC relative to the 583 issuance or denial of an application for a certificate of appropriateness may appeal such 584 determination to the Milton City Council. Any such appeal must be filed with the Milton City Council 585 within 15 30 days after the issuance of the determination pursuant to subsection (g) of this section, 586 or in the case of a failure of the Commission to act, within 30 days (15) of the expiration of the forty-587 five (45) day period allowed for the Commission action, Section (h) 1 of this Ordinance.. The Milton 588 City Council may approve, modify, or reject the determination made by the HPC, if the governing 589 body finds that the HPC abused its discretion in reaching its decision. Appeals from decisions of 590 the Milton City Council may be taken to the Superior Court of Fulton County via a writ of certiorari. 591 (Ord. No. 10-06-65, § V, 6-25-2010) 592 Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision. 593 (a) 594 Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or 595 environmental feature in or on a historic property to correct deterioration, decay, or to sustain the 596 existing form, and that does not involve a material change in design, material, or outer appearance 597 thereof, does not require a certificate of appropriateness. 598 (b) 599 Failure to provide ordinary maintenance or repair. Property owners of historic properties or 600 properties within historic districts shall not allow their buildings to deteriorate by failing to provide 601 ordinary maintenance or repair. The HPC shall be charged with the following responsibilities 602 regarding deterioration by neglect: 603 (1) 604 The HPC shall monitor the condition of historic properties and existing buildings in historic 605 districts to determine if they are being allowed to deteriorate by neglect. Such conditions 606 as broken windows, doors and openings which allow the elements and vermin to enter, 607 and the deterioration of a building's structural system shall constitute failure to provide 608 ordinary maintenance or repair. 609 (2) 610 In the event the HPC determines a failure to provide ordinary maintenance or repair, the 611 HPC will notify the owner of the property and set forth the steps which need to be taken to 612 remedy the situation. The owner of such property will have 30 days in which to do this. A 613 building permit may be required to accomplish the necessary remedial measures. 614 615 616 (3) 617 In the event that the condition is not remedied in 30 days, the owner shall be sanctioned 618 as provided in section 64-2457 of this article and, upon approval of the Milton City Council, 619 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 14 of 15 the HPC may perform such maintenance or repair as is necessary to prevent deterioration 620 by neglect. The owner of the property shall be liable for the cost of such maintenance and 621 repair performed by the HPC and shall reimburse the City of Milton for same. In the event 622 reimbursement does not occur, the Milton City Council shall have the right to recover 623 same using all available legal means, including the placement of liens on the property in 624 accordance with law. 625 (c) 626 Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to 627 exempt property owners from complying with existing city or county building and zoning codes. 628 (Ord. No. 10-06-65, § VI, 6-25-2010) 629 Sec. 64-2457. - Penalty provisions. 630 A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each 631 day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, 632 and the exercise of one or more of which shall not preclude exercise of the others , shall be imposed on 633 those persons or entities found to have violated this article: 634 (1a) 635 The same penalties as set forth in the zoning chapter of the city City for all violations of 636 requirements set forth in the said zoning chapter; or 637 (2b) 638 The penalties set forth in chapter 12in Section 1-5 of the Code of Ordinances of the city 639 City for non-zoning violations. 640 (3c) 641 Restrictions on future development. If a historic property is demolished or relocated 642 without a certificate of appropriateness, or in the event the plans are changed for the 643 property from which the resource was removed without approval of the changed plans by 644 the HPC, then the following restrictions, in addition to any other penalties or remedies set 645 forth in this article, shall be applicable to the site where the structure or property was 646 formerly located: 647 a1). 648 No building or other permits will be issued for construction on the site, with the 649 exception of a permit to restore such structure or property after obtaining a 650 certificate of appropriateness, for a period of five years after the date of such 651 demolition or removal. 652 b2). 653 No permits shall be issued by the city City for any curb cuts on the site for a 654 period of five years from and after the date of such demolition or removal. 655 c3.) 656 No parking lot for vehicles shall be operated whether for remuneration or not on 657 the site for a period of five years from and after the date of such demolition and 658 removal. 659 d4). 660 The owner of the site shall maintain the site in a clean and orderly state and shall 661 properly maintain all existing trees and landscaping on the site. When these 662 restrictions become applicable to a particular site, the building official shall cause 663 to be filed a verified notice thereof in the Real Property Records of Fulton County 664 and such restrictions shall then be binding on future owners of the property. 665 (4d) 666 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE—ALL TRACKED CHANGES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (State changes highlighted in yellow, purple lined reflects City Attorney) (Minor PC changes in grey)4/12/2012 Page 15 of 15 Civil action. As an additional remedy in addition to the penalties stated above, the city City 667 attorney for the City of Milton or his or her designee shallmay have the power to take all 668 necessary civil action to enforce the provisions hereof and to requestmay seek 669 appropriate legal or equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010) 670 671 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 1 of 13 Sec. 64-2451. - Purpose. 1 In support and furtherance of its findings and determination that the historical, cultural, and 2 aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the 3 preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the 4 people; 5 In order to maintain historic structures and to protect and enhance local historical and aesthetic 6 attractions to residents and tourists and thereby promote and stimulate business; 7 In order to enhance the opportunities for federal or state tax benefits under relevant provisions of 8 federal or state law; and 9 In order to provide for designation, protection, preservation, and rehabilitation of historic properties 10 and to participate in federal or state programs to do the same; 11 The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this 12 article to establish a uniform procedure for use in providing for the identification, protection, enhancement, 13 perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features 14 having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the 15 provisions of the article. 16 (Ord. No. 10-06-65, § I, 6-25-2010) 17 Sec. 64-2452. - Definitions. 18 The following words, terms and phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context clearly indicates a different meaning: 20 Application for designation means a formal request in writing in a form specified by the historic 21 preservation commission that the historic preservation commission consider a property for possible 22 designation as a historic property or historic district. 23 Building means any structure with a roof, designed or built for the support, enclosure, shelter, or 24 protection of persons, animals, chattels, or property of any kind. 25 Certificate of appropriateness means a document evidencing approval by the historic preservation 26 commission of an application to make a material change in the appearance of a designated historic property 27 or of a property located within a designated historic district. 28 Contributing means a building, structure, object, site or work of art that adds to the historic 29 architectural qualities or archaeological values for which the district is significant because it was present 30 during the period of significance, relates to the documented significance of the district, and possesses 31 historic integrity or is capable of yielding important information about the period of significance. 32 Designation means a decision by the City of Milton to designate a property as a "historic property" 33 or as a "historic district" and thereafter prohibit all material change in appearance of such property or within 34 such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission 35 of the City of Milton. 36 Exterior architectural features means the architectural style, general design, and general 37 arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture 38 of the building material and the type and style of all windows, doors, signs, and other appurtenant 39 architectural fixtures, features, details, or elements relative to the foregoing. 40 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 2 of 13 Exterior environmental features means all aspects of the landscape or the development or 41 appearance of a site which affect the historical character of the property. 42 Historic means belonging to the past; of what is important or culturally significant in the past. A 43 historic resource shall be at least 50 years old, and should retain a significant degree of integrity that is 44 comprised of at least one of seven qualities: location, design, setting, materials, and workmanship. 45 46 Historic district means a geographically definable area, urban or rural, possessing a significant 47 concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination 48 thereof, which (1) have special character or special historical or aesthetic interest or value; (2) represent one 49 or more periods or styles or architecture typical of one or more eras in the history of Milton, Fulton County, 50 Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible 51 section of the City of Milton. A district may also comprise individual elements separated geographically but 52 linked by association or history. A historic district shall further mean an area designated by the Milton City 53 Council as a historic district pursuant to the criteria established in subsection 64-2454(b) of this article. 54 Historic property means an individual building, structure, site, or object designated by the Milton 55 City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article. 56 Material change in appearance means a change that will affect the exterior architectural or 57 environmental features of a historic property or any building, structure, site, object, or landscape feature 58 within a historic district, such as: 59 (1) 60 A reconstruction or alteration of the size, shape, or façade of a historic property, including 61 but not limited to, relocation of any doors or windows or removal or alteration of any 62 architectural features, details, or elements; 63 (2) 64 Demolition or relocation of a historic structure; 65 (3) 66 Commencement of excavation for construction purposes; 67 (4) 68 A change in the location or removal of advertising visible from the public right-of-way; or 69 (5) 70 The erection, alteration, restoration, or removal of any building or structure within a historic 71 property or district, including but not limited to walls, fences, steps and pavements, or 72 other appurtenant features, except exterior paint alterations. 73 74 Non-contributing means a non historic resource or classification applied to an individual property 75 located within a designated historic district, signifying that the property does not contribute to the distinctive 76 character of the district. Such properties are subject only to the provisions of this chapter regarding new 77 construction, including general landscape character, and only when the amount of new construction equals 78 or exceeds twenty-five percent (25%) of the land area or building ground floor area of the property at the 79 time of its identification as noncontributing. 80 Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that 81 may be, by nature or design, movable yet related to a specific setting or environment. 82 Site means the location of a significant event, a prehistoric or histo rical occupation or activity, or a 83 building or structure, whether standing, ruined, or vanished where the location itself maintains historical , or 84 of archeological value regardless of the value of any existing structure. 85 Structure means a work of interdependent and inter-related parts in a definite pattern of 86 organization. A manmade object; it may be large or small in scale. 87 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 3 of 13 (Ord. No. 10-06-65, § II, 6-25-2010) 88 Sec. 64-2453. - Creation of a historic preservation commission. 89 (a) 90 Creation of the historic preservation commission. There is hereby created a commission whose title 91 shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). 92 (b) 93 HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven 94 members. Each of the individual members of the Milton City Council and the Mayor shall appoint a 95 member of the HPC. The terms of individual members shall be two years, or until a new member is 96 appointed to replace them – whichever occurs later, and shall begin on January 1 of each even 97 numbered calendar year. If a member is replaced for any reason, the new member shall serve only 98 the remaining portion of the replaced member’s term. There shall be no limit on the number of 99 terms a member may serve on the HPC. Each appointee shall reside anywhere within the limits of 100 the City of Milton, and not be bound to a councilperson's respective council district. 101 To the extent individuals are available and willing to serve in the City of Milton, at least three 102 official, voting HPC member shall be appointed from among professionals in the disciplines of 103 architecture, history, architectural history, planning, archeology, building construction, real property 104 appraisal, or related professions. 105 HPC members shall not receive a salary, although they may be reimbursed for expenses with the 106 prior approval of the city manager. 107 (c) 108 Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other, 109 Ordinance the HPC shall be authorized to: 110 (1) 111 Prepare and maintain an inventory of all property within the City of Milton having the 112 potential for designation as historic; 113 (2) 114 Recommend to the Milton City Council specific districts, sites, buildings, structures, or 115 objects to be designated by ordinance as a historic property or a historic district; 116 117 (3) 118 Review applications for Certificates of Appropriateness, and grant or deny same in 119 accordance with the provisions of this article; 120 (4) 121 Recommend to the Milton City Council that any designation of a historic property or 122 historic district be revoked or removed; 123 124 (5) 125 Restore or preserve any historic properties acquired by the City of Milton, subject to 126 funding availability and with the prior approval of the Milton City Co uncil; 127 128 (6) 129 Promote the acquisition by the City of Milton of facade easements and conservation 130 easements as appropriate, in accordance with the provisions of the Georgia Uniform 131 Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); 132 (7) 133 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 4 of 13 Conduct educational programs on historic properties located within the City of Milton and 134 on general historic preservation activities; 135 136 137 (8) 138 Make such investigations and studies of matters relating to historic preservation including 139 consultation with historic preservation experts, as the Milton City Council or the HPC itself 140 may, from time to time, deem necessary or appropriate for the purposes of preserving 141 historic resources; 142 (9) 143 Research local, state, federal, or private funds for historic preservation, and make 144 recommendations to the Milton City Council concerning the most appropriate use of any 145 funds acquired; 146 (10) 147 Recommend to the Milton City Council possible historic resource incentive programs for 148 their review; 149 (11) 150 Submit to the Historic Preservation Division of the Georgia Department of Natural 151 Resources a list of designated historic properties or historic districts; 152 (12) 153 Perform historic preservation activities as the official agency of the Milton Historic 154 Preservation Program; 155 (13) 156 Retain persons with professional expertise to carry out specific tasks, as needed, subject 157 to approval by the Milton City Council; 158 (14) 159 Receive donations, grants, funds, or gifts of historic property and acquire and sell historic 160 properties provided the Milton City Council has provided prior consent to do so and all 161 state and local laws regarding local government property disposition are followed. The 162 receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does 163 not violate the City of Milton Code of Ethics; 164 (15) 165 Review and make comments to the Historic Preservation Division of the Georgia 166 Department of Natural Resources concerning the nomination of properties within its 167 jurisdiction to the National Register of Historic Places; 168 (16) 169 Participate in private, state, and federal historic preservation programs and with the 170 approval of the Milton City Council enter into contractual agreements to do the same. 171 172 (17) 173 Work with a City of Milton Staff member, who will serve as liaison between HPC and 174 Mayor and City Council. 175 176 (d) 177 HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the 178 transaction of business and for consideration of applications for designations and certificates of 179 appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC 180 shall have the flexibility to adopt such rules and standards without amendment to this article. The 181 HPC shall provide for the time and place of regular meetings and a method for the calling of special 182 meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it 183 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 5 of 13 deems appropriate from among its members. A quorum shall consist of a ma jority of voting 184 members. All rules shall be ratified by the Milton City Council before becoming effective. 185 186 (e) 187 Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia 188 Statutes and in the City of Milton Charter. 189 190 191 192 (f) 193 HPC's authority to receive funding from various sources. The HPC shall have the authority to 194 accept donations on behalf of the City of Milton and shall ensure that these funds do not displace 195 appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics 196 Code. 197 (g) 198 Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and 199 actions. Reports to the Milton City Council will also be made on a regular and timely basis. 200 (Ord. No. 10-06-65, § III, 6-25-2010) 201 Sec. 64-2454. - Recommendation and designation of historic properties. 202 (a) 203 Preliminary research by HPC. 204 (1) 205 HPC's mandate to conduct a survey of local historical resources: The HPC shall compile 206 and collect information on historic resources with the City of Milton. Records shall be 207 stored in the City of Milton storage area. 208 (2) 209 HPC's power to recommend districts and buildings to the Milton City Council for 210 designation: The HPC may present to the Milton City Council recommendations for 211 historic districts and properties. 212 (3) 213 HPC's documentation of proposed designation: Prior to the HPC's recommendation to the 214 Milton City Council of a property or district for historic designation, the HPC shall prepare 215 a report for recommendation consisting of: 216 a. 217 A detailed physical description of the proposed historic property or historic 218 district; and 219 b. 220 A statement of the historical, cultural, architectural, and/or aesthetic significance 221 of the proposed historic property or historic district; and 222 c. 223 A map showing district boundaries and classification (i.e., contributing, 224 noncontributing) of individual properties therein, or showing boundaries of 225 individual properties; and 226 d. 227 A statement justifying the boundaries of the proposed property or district; and 228 e. 229 Representative photographs of the proposed property or district. 230 (b) 231 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 6 of 13 Designation of historic district. 232 (1) 233 Criteria for selection of historic districts: A historic district may be deemed worthy of 234 preservation by reason of value to the nation, the State of Georgia, or the City of Milton for 235 at least one of the following reasons: 236 a. 237 It possesses an outstanding example of structures representative of its era; or 238 239 b. 240 It contains the few remaining examples of a past architectural style or type over 241 50 years old; or 242 243 c. 244 It is a place associated with an event or persons of historic or cultural 245 significance to the City of Milton, State of Georgia, or the region; or 246 247 d. 248 It is the site of natural, archeological, or aesthetic interest that contributes to the 249 cultural or historical development and heritage of the municipality, county, state, 250 or region. 251 (2) 252 Boundaries of a historic district: Boundaries of a historic district shall be included in the 253 separate ordinances designating such districts and shall be shown on the official zoning 254 map of the City of Milton, Georgia. 255 (3) 256 Evaluation of properties within historic districts: individual properties within historic districts 257 shall be classified as: 258 a. 259 Contributing (contributes to the district); or 260 b. 261 Noncontributing (Does not contribute to the district as provided for in subsection 262 (b)(1) of this section). 263 (c) 264 Designation of historic property. 265 266 Criteria for selection of historic properties: An individual building, structure, site or object 267 deemed worthy of preservation by reason of value to the nation, the State of Georgia, or 268 the City of Milton for one or more of the following reasons: 269 a. 270 It is an outstanding example of a structure representative of its era; or 271 b. 272 It is one of the few remaining examples of a past architectural style or type over 273 50 years old; or 274 c. 275 It is a place associated with an event or persons of historic or cultural 276 significance to the City of Milton, State of Georgia, or the region; or 277 d. 278 It is the site of natural, archeological, or aesthetic interest that contributes to the 279 cultural or historical development and heritage of the municipality, county, state, 280 or region. 281 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 7 of 13 (d) 282 Requirement for adopting an ordinance for the designation of historic districts and historic 283 properties. 284 285 (1) 286 Application for designation of historic districts or properties: Proposals may be submitted 287 by the Milton City Council, via majority vote, or by the HPC via a majority of that 288 commission, or: 289 a. 290 For historic districts—A historical society, neighborhood association, or the 291 owners of a group of properties; 292 b. 293 For historic properties—A historical society, neighborhood association, or the 294 property owner. 295 296 (2) 297 Required components of a designation ordinance: Any ordinance designating any property 298 or district as historic shall: 299 a. 300 List each property in a proposed historic district or describes the proposed 301 individual historic property; 302 b. 303 Set forth the name(s) of the owner(s) of the designated property or properties; 304 305 c. 306 Require that a certificate of appropriateness be obtained from the HPC prior to 307 any material change in appearance of the designated property; and 308 d. 309 Require that the property or district be shown on the official zoning map of the 310 City of Milton, Georgia and kept as a public record to provide notice of such 311 designation. 312 (3) 313 Require public hearings: The HPC and the Milton City Council shall hold a joint public 314 hearing at a special or regular HPC meeting on any proposed ordinance for the 315 designation of any historic district or property. Notice of the hearing shall be published in 316 at least three consecutive issues of the newspaper utilized by Milton as the legal organ, 317 and written notice of the hearing shall be mailed not less than ten or more than 20 days 318 prior to the date set for the public hearing. A notice sent via the United States mail to the 319 last-known owner of the property shown on the City of Milton tax digest and a notice sent 320 to the address of the property to the attention of the occupant shall constitute legal 321 notification to the owner and occupant under this section. 322 (4) 323 Notification of historic preservation division: No less than 30 days prior to making a 324 recommendation on any ordinance designating a property or district as historic, the HPC 325 must submit the report, required in subsection 64-2454(a)(3), to the historic preservation 326 division of the department of natural resources. 327 (5) 328 Recommendations on proposed designations: A recommendation to affirm, modify or 329 withdraw the proposed ordinance for designation shall be made by the HPC within 15 330 days following the joint public hearing and shall be in the form of a resolution to the Milton 331 City Council. 332 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 8 of 13 (6) 333 Milton City Council action on the HPC's recommendation: Following receipt of the HPC 334 recommendation, the Milton City Council may adopt the ordinance for designation as 335 proposed, may adopt the ordinance with any amendments it deems necessary, or reject 336 the ordinance. 337 (7) 338 Notification of adoption of ordinance for designation: Within 30 days following the adoption 339 of the ordinance for designation by the Milton City Council, the owners and occupants of 340 each designated historic property, and the owner(s) and occupants of each building, 341 structure, or site located within a designated historic district, shall be given written 342 notification of such designation by the Milton City Council, which notice shall apprise said 343 owners and occupants of the necessity of obtaining a certificate of appropriateness prior 344 to undertaking any material change in appearance of the historic property designated or 345 within the historic district designated. A notice sent via the United States mail to the last-346 known owner of the property shown on the City of Milton tax digest and a notice sent via 347 United States mail to the address of the property to the attention of the occupant shall 348 constitute legal notification to the owner and occupant under this article. 349 350 (8) 351 Notification of other agencies regarding designation: The HPC shall notify all necessary 352 agencies within the City of Milton of the ordinance for designation. 353 (9) 354 Moratorium on applications for alteration or demolition while ordinance for designation is 355 pending: If an ordinance for designation is being considered, the hpc shall notify the 356 permitting division of the community development department. No permit of a ny kind shall 357 be issued for work which would constitute a material change in the appearance of a 358 structure, site, or landscaping within the designated area until the proposed ordinance is 359 enacted or rejected by the city council. The HPC must recommend via resolution an 360 ordinance for designation to the city council within 45 days of the permitting division 361 denying a building permit based on the moratorium. 362 (Ord. No. 10-06-65, § IV, 6-25-2010) 363 Sec. 64-2455. - Application to HPC for a certificate of appropriateness. 364 (a) 365 Approval of material change in appearance involving historic properties. After the designation by 366 ordinance of a historic property or of a historic district, no material change in the appearance of 367 such historic property, or of a contributing or noncontributing building, structure, site or object within 368 such historic district shall occur or be permitted to be made by the owner or occupant thereof 369 unless or until the application and approval of a certificate of appropriateness.. Certificates of 370 appropriateness for material changes in historic properties and material changes to c ontributing 371 and noncontributing buildings, structures, sites, or objects in historic districts shall be issued by the 372 HPC in accord with the process set forth below. A building permit shall not be issued without a 373 certificate of appropriateness 374 375 A certificate of appropriateness shall be required before construction can begin for historic 376 properties or properties within a historic district, regardless of whether a building permit is required. 377 (b) 378 Submission of plans to HPC. An application for a certificate of appropriateness shall be 379 accompanied by drawings, photographs, plans and documentation required by the HPC. 380 (c) 381 Interior alterations. In its review of an application for a certificate of appropriateness the HPC shall 382 not consider interior arrangement or use having no effect on exterior architectural features. 383 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 9 of 13 (d) 384 Technical advice. The HPC shall have the power to seek technical advice from outside its members 385 on any application. 386 (e) 387 Public hearings on applications for certificates of appropriateness, notices, and right to be heard. 388 The HPC shall hold a public hearing at which each proposed certificate of appropriateness is 389 discussed. Notice of the hearing shall be published in the newspaper utilized by Milton as the legal 390 organ and written notice of the hearing shall be made by the HPC to all owners and occupants of 391 the subject property. The written and published notice shall be provided in the same manner and 392 time frame as notices as required by the Georgia Zoning Procedures Law. 393 The HPC shall provide the property owner and/or applicant an opportunity to be heard at the 394 certificate of appropriateness hearing. 395 (f) 396 Acceptable HPC response to applications for certificates of appropriateness. 397 HPC action: The HPC may (i) approve the application for a certificate of appropriateness as 398 proposed; (ii) approve the application for a certificate of appropriateness with any modifications it 399 deems necessary; or (iii) reject the application for a certificate of appropriateness. 400 401 (g) Grounds for approval. 402 The HPC shall approve the application and issue a certificate of appropriateness if it finds that the 403 proposed material change(s) in the appearance would not have a substantial adverse effect on the 404 aesthetic, historic, or architectural significance and value of the historic property or the historic 405 district. In making this determination, the HPC shall consider, in addition to any other pertinent 406 factors, the following criteria: 407 408 1. 409 For reconstruction, alteration, new construction or renovation: Whether the 410 proposed actions conform in design, scale, building material, setback and site 411 features and to the United States Secretary of the Interior's Standards for 412 Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 413 2. 414 For relocation: 415 a. 416 The historic character and aesthetic interest of the building, structure, or 417 object contributes to its present setting; 418 b. 419 Whether there are definite plans for the area to be vacated and what the 420 effect of those plans on the character of the surrounding area will be; 421 c. 422 Whether the building, structure, or object can be moved without 423 significant damage to its physical integrity; 424 d. 425 Whether the proposed relocation area is compatible with the historical 426 and architectural character of the building, structure, site, or object. 427 3. 428 For demolition: 429 a. 430 The historic, scenic, or architectural significance of the building, 431 structure, site, or object; 432 b. 433 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 10 of 13 The importance of the building, structure, site, or object to the ambiance 434 of the area; 435 c. 436 The difficulty or impossibility of reproducing such a building, structure, 437 site, or object because of its design, texture, material, detail, or unique 438 location; 439 d. 440 Whether the building, structure, site, or object is one of the last 441 remaining examples of its kind in the neighborhood or the city; 442 e. 443 Whether there are definite plans for use of the property if the proposed 444 demolition is carried out, and what the effect of those plans on the 445 character of the surrounding area would be; 446 447 f. 448 Whether reasonable measures can be taken to save the building, 449 structure, site, or object from collapse; 450 g. 451 Whether the building, structure, site, or object is capable of earning 452 reasonable economic return on its value. 453 454 455 (h) Undue hardship. When, by reason of unusual circumstances, the strict application of any 456 provision of the ordinance would result in the exceptional practical difficulty or undue economic 457 hardship upon any owner of a specific property, the HPC, in passing upon applications, shall have 458 the power to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided 459 such variances, modifications, interpretations shall remain in harmony with the general purpose 460 and intent of said provisions, so that the architectural or historical integrity, or character of the 461 property, shall be conserved and substantial justice done. In granting variances, the HPC may 462 impose such reasonable and additional stipulations and conditions as will, in its judgment, best 463 fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own 464 making. 465 (i) 466 Deadline for approval or rejection of application for a certificate of appropriateness. 467 468 (1) 469 The HPC shall approve or reject an application for a certificate of appropriateness within 470 45 days after the filing thereof by the owner or occupant of a historic property, building, 471 structure, object or site. Evidence of approval shall be by a certificate of appropriateness 472 issued by the HPC. Notice of the issuance or denial of a certificate of appropriateness 473 shall be sent by United States certified mail to the applicant and all other persons who 474 have requested such notice in writing filed with the HPC. 475 (2) 476 Should the HPC fail to approve or reject an application for a certificate of appropriateness 477 within 45 days the application shall be deemed automatically approved. 478 (j) 479 Necessary action to be taken by HPC upon rejection of application for a certificate of 480 appropriateness. 481 (1) 482 In the event the HPC rejects an application for a certificate of appropriateness, the HPC 483 shall state its reasons for doing so, and shall transmit a record of such rejection and 484 reasons, in writing, to the applicant. The HPC may suggest alternative courses of action it 485 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 11 of 13 thinks proper if it rejects the application submitted. The applicant, if he or she so desires, 486 may make modifications to the plans and may resubmit the application at any time after 487 making said modifications. 488 (2) 489 In cases where the application for a certificate of appropriateness covers a material 490 change in the appearance of a structure which would require the issuance of a building 491 permit, the rejection of the application for a certificate of appropriateness by the HPC shall 492 be binding upon the building inspector or other administrative officer charged with issuing 493 building permits and, in such a case, no building permit shall be issued. 494 (k) 495 Requirement of conformance with a certificate of appropriateness. 496 (1) 497 All work performed pursuant to an issued certificate of appropriateness shall conform to 498 the requirements of such certificate. In the event work is performed not in accordance with 499 such certificate, the HPC may request that the city obtain a cease and desist order from 500 the appropriate tribunal and all work shall cease. 501 (2) 502 The Milton City Council or the HPC may, initiate any appropriate action or proceeding in a 503 court of competent jurisdiction to prevent any material change in appearance of a 504 designated historic property, except those changes made in compliance with the 505 provisions of this ordinance or to prevent any illegal act or conduct with respect to such 506 historic property. 507 (l) 508 Certificate of appropriateness void if construction not commenced. 509 (1) 510 A certificate of appropriateness shall become void unless the work described in the 511 application for a certificate of appropriateness as approved by the HPC has commenced 512 within six months of the date of issuance. 513 514 515 (2) 516 A certificate of appropriateness shall expire after 18 months unless said certificate is 517 renewed. A certificate of appropriateness may be renewed for a single 18-month period. 518 519 An application for renewal must be submitted to the Community Development Director 520 prior to the expiration of the original certificate of appropriateness. The Director shall 521 approve the application for renewal provided the project is not in violation of any City 522 Ordinance. 523 524 (m) 525 Recording an application for a certificate of appropriateness. The HPC shall keep a public record of 526 all applications for a certificate of appropriateness, and of all the HPC's proceedings in connection 527 with said application. These records shall be maintained at city hall. 528 (n) 529 Acquisition of property. The HPC may, where such action is authorized by the Milton City Council 530 and is reasonably necessary or appropriate for the preservation of a historic property, enter into 531 negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the 532 property or any interest therein. If property is conveyed based upon the efforts of the HPC, the 533 property interest shall be conveyed in the name of the City of Milton, Georgia. 534 (o) 535 Appeals. Any person adversely affected by any determination made by the HPC relative to the 536 issuance or denial of an application for a certificate of appropriateness may appeal such 537 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 12 of 13 determination to the Milton City Council. Any such appeal must be filed with the Milton City Council 538 within 30 days after the issuance of the determination pursuant to subsection (g) of this section, or 539 in the case of a failure of the Commission to act, within 30 days of the expiration of the forty-five 540 (45) day period allowed for the Commission action, Section (h) 1 of t his Ordinance. The Milton City 541 Council may approve, modify, or reject the determination made by the HPC, if the governing body 542 finds that the HPC abused its discretion in reaching its decision. Appeals from decisions of the 543 Milton City Council may be taken to the Superior Court of Fulton County via a writ of certiorari. 544 (Ord. No. 10-06-65, § V, 6-25-2010) 545 Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision. 546 (a) 547 Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or 548 environmental feature in or on a historic property to correct deterioration, decay, or to sustain the 549 existing form, and that does not involve a material change in design, material, or ou ter appearance 550 thereof, does not require a certificate of appropriateness. 551 (b) 552 Failure to provide ordinary maintenance or repair. Property owners of historic properties or 553 properties within historic districts shall not allow their buildings to deteriorate by failing to provide 554 ordinary maintenance or repair. The HPC shall be charged with the following responsibilities 555 regarding deterioration by neglect: 556 (1) 557 The HPC shall monitor the condition of historic properties and existing buildings in historic 558 districts to determine if they are being allowed to deteriorate by neglect. Such conditions 559 as broken windows, doors and openings which allow the elements and vermin to enter, 560 and the deterioration of a building's structural system shall constitute failure to p rovide 561 ordinary maintenance or repair. 562 (2) 563 In the event the HPC determines a failure to provide ordinary maintenance or repair, the 564 HPC will notify the owner of the property and set forth the steps which need to be taken to 565 remedy the situation. The owner of such property will have 30 days in which to do this. A 566 building permit may be required to accomplish the necessary remedial measures. 567 568 569 (3) 570 In the event that the condition is not remedied in 30 days, the owner shall be sanctioned 571 as provided in section 64-2457 of this article and, upon approval of the Milton City Council, 572 the HPC may perform such maintenance or repair as is necessary to prevent deterioration 573 by neglect. The owner of the property shall be liable for the cost of such maintenance and 574 repair performed by the HPC and shall reimburse the City of Milton for same. In the event 575 reimbursement does not occur, the Milton City Council shall have the right to recover 576 same using all available legal means, including the placement of liens on the property in 577 accordance with law. 578 (c) 579 Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to 580 exempt property owners from complying with existing city or county building and zoning codes. 581 (Ord. No. 10-06-65, § VI, 6-25-2010) 582 Sec. 64-2457. - Penalty provisions. 583 A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each 584 day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, 585 RZ12-03 STAFF RECOMMENDED HPC ORDINANCE – CLEAN VERSION RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 (4/12/2012) Page 13 of 13 and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on 586 those persons or entities found to have violated this article: 587 (a) 588 The same penalties as set forth in the zoning chapter of the City for all violations of 589 requirements set forth in the said zoning chapter; or 590 (b) 591 The penalties set forth in Section 1-5 of the Code of Ordinances of the City for non-zoning 592 violations. 593 (c) 594 Restrictions on future development. If a historic property is demolished or relocated 595 without a certificate of appropriateness, or in the event the plans are changed for the 596 property from which the resource was removed without approval of the changed plans by 597 the HPC, then the following restrictions, in addition to any other penalties or remedies set 598 forth in this article, shall be applicable to the site where the structure or property was 599 formerly located: 600 1) 601 No building or other permits will be issued for construction on the site, with the 602 exception of a permit to restore such structure or property after obtaining a 603 certificate of appropriateness, for a period of five years after the date of such 604 demolition or removal. 605 2) 606 No permits shall be issued by the City for any curb cuts on the site for a period of 607 five years from and after the date of such demolition or removal. 608 3) 609 No parking lot for vehicles shall be operated whether for remuneration or not on 610 the site for a period of five years from and after the date of such demolition and 611 removal. 612 4) 613 The owner of the site shall maintain the site in a clean and orderly state and shall 614 properly maintain all existing trees and landscaping on the site. When these 615 restrictions become applicable to a particular site, the building official shall cause 616 to be filed a verified notice thereof in the Real Property Records of Fulton County 617 and such restrictions shall then be binding on future owners of the property. 618 (d) 619 Civil action. As an additional remedy in addition to the penalties stated above, the City 620 may take all necessary civil action to enforce the provisions hereof and may seek 621 appropriate legal or equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010) 622 623 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 1 of 14 Sec. 64-2451. - Purpose. 1 In support and furtherance of its findings and determination that the historical, cultural, and 2 aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the 3 preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the 4 people; 5 In order to maintain historic structures and to protect and enhance local historical and aesthetic 6 attractions to residents and tourists and thereby promote and stimulate business; 7 In order to enhance the opportunities for federal or state tax benefits under relevant provisions of 8 federal or state law; and 9 In order to provide for designation, protection, preservation, and rehabilitation of historic properties 10 and to participate in federal or state programs to do the same; 11 The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this 12 article to establish a uniform procedure for use in providing for the identification, protection, enhancement, 13 perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features 14 having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the 15 provisions of the article. 16 (Ord. No. 10-06-65, § I, 6-25-2010) 17 Sec. 64-2452. - Definitions. 18 The following words, terms and phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context clearly indicates a different meaning:] 20 Application for designation means a formal request in writing in a form specified by the historic 21 preservation commission that the historic preservation commission consider a property for possible 22 designation as a historic property or historic district. 23 Building means any structure with a roof, designed or built for the support, enclosure, shelter, or 24 protection of persons, animals, chattels, or property of any kind. 25 Certificate of appropriateness means a document evidencing approval by the historic preservation 26 commission of an application to make a material change in the appearance of a designated historic property 27 or of a property located within a designated historic district. 28 Certificate of endorsement means a document evidencing support of a material change in the 29 appearance of a property located within an overlay district by the person or board designated within an 30 overlay district. 31 Contributing means a building, structure, object, site or work of art that adds to the historic 32 architectural qualities or archaeological values for which the district is significant because it was present 33 during the period of significance, relates to the documented signific ance of the district, and possesses 34 historic integrity or is capable of yielding important information about the period of significance. 35 Designation means a decision by the City of Milton to designate a property as a "historic property" 36 or as a "historic district" and thereafter prohibit all material change in appearance of such property or within 37 such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission 38 of the City of Milton. 39 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 2 of 14 Exterior architectural features means the architectural style, general design, and general 40 arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture 41 of the building material and the type and style of all windows, doors, signs , and other appurtenant 42 architectural fixtures, features, details, or elements relative to the foregoing. 43 Exterior environmental features means all aspects of the landscape or the development or 44 appearance of a site which affect the historical character o f the property. 45 Historic means belonging to the past; of what is important or culturally significant in the past ; . 46 A historic resource shall be at least 50 years old, and should retain a sign ificant degree of integrity that is 47 comprised of at least one of five qualities: location, design, setting, materials, and workmanship., feeling, 48 and association. 49 50 Historic district means a geographically definable area, urban or rural, possessing a significant 51 concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination 52 thereof, which 53 (1) have special character or special historical or aesthetic interest or value; 54 (2) represent one or more periods or styles or architecture typical of one or more eras in the history 55 of Milton, Fulton County, Georgia, or the nation; and 56 (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City 57 of Milton. 58 (4) includes at least one historic property designated concurrently or prior to designation of the 59 historic district. 60 A district may also comprise individual elements separated geographically but linked by association 61 or history. A historic district shall further mean an area designated by the Milton City Council as a historic 62 district pursuant to the criteria established in subsection 64-2454(b) of this article. 63 Historic property means an individual building, structure, site, or object designated by the Milton 64 City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article. 65 Material change in appearance means a change that will affect the exterior architectural or 66 environmental features of a historic property or any building, structure, site, object, or landscape feature 67 within a historic district, such as: 68 (1) 69 A reconstruction or alteration of the size, shape, or façade of a historic property, including 70 but not limited to, relocation of any doors or windows or removal or alteration of any 71 architectural features, details, or elements; 72 (2) 73 Demolition or relocation of a historic structure; 74 (3) 75 Commencement of excavation for construction purposes; 76 (4) 77 A change in the location or removal of advertising visible from the public right-of-way; or 78 (5) 79 The erection, alteration, restoration, or removal of any building or structure within a historic 80 property or district, including but not limited to walls, fences, steps and pavements, or 81 other appurtenant features, except exterior paint alterations. 82 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 3 of 14 83 84 Non-contributing means a non historic resource or classification applied to an individual property 85 located within a designated historic district, signifying that the property does not contribute to the distinctive 86 character of the district. Such properties are subject only to the provisions of this chapter regarding new 87 construction, including general landscape character, and only when the amount of new construction equals 88 or exceeds twenty-five percent (25%) of the land area or building ground floor area of the property at the 89 time of its identification as noncontributing. 90 Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that 91 may be, by nature or design, movable yet related to a specific setting or envi ronment. 92 Site means the location of a significant event, a prehistoric or historical occupation or activity, or a 93 building or structure, whether standing, ruined, or vanished where the location itself maintains historical , or 94 of archeological value regardless of the value of any existing structure. 95 Structure means a work of interdependent and inter-related parts in a definite pattern of 96 organization. A manmade object; it may be large or small in scale. 97 (Ord. No. 10-06-65, § II, 6-25-2010) 98 Sec. 64-2453. - Creation of a historic preservation commission. 99 (a) 100 Creation of the historic preservation commission. There is hereby created a commission whose title 101 shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). 102 (b) 103 HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven 104 members. Each of the individual members of the Milton City Council and the Mayor shall appoint a 105 member of the HPC. The terms of individual members shall be two years, or until a new member is 106 appointed to replace them – whichever occurs later, and shall begin on January 1 of each even 107 numbered calendar year. If a member is replaced for any reason, the new member shall serve only 108 the remaining portion of the replaced member’s term. There shall be no limit on the number of 109 terms a member may serve on the HPC. Each appointee shall reside anywhere within the limits of 110 the City of Milton, and not be bound to a councilperson's respective council district. 111 To the extent individuals are available and willing to serve in the City of Milton, at least three 112 official, voting HPC member shall be appointed from among professionals in the disciplines of 113 architecture, history, architectural history, planning, archeology, building construction, real property 114 appraisal, or related professions. 115 HPC members shall not receive a salary, although they may be reimbursed for expenses with the 116 prior approval of the city manager. 117 (c) 118 Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other, 119 Ordinance, the HPC shall be authorized to: 120 (1) 121 Prepare and maintain an inventory of all property within the City of Milton having the 122 potential for designation as historic; 123 (2) 124 Recommend to the Milton City Council specific districts, sites, buildings, structures, or 125 objects to be designated by ordinance as a historic property or a historic district; 126 127 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 4 of 14 (3) 128 Review applications for Certificates of Appropriateness, and grant or deny same in 129 accordance with the provisions of this article; 130 (4) 131 Recommend to the Milton City Council that any designation of a historic property or 132 historic district be revoked or removed; 133 134 (5) 135 Recommend to the Milton City Council the restoration or preservation of Restore or 136 preserve any historic properties acquired by the City of Milton, subject to funding 137 availability and with the prior approval of the Milton City Council; 138 139 (6) 140 Promote the acquisition by the City of Milton of facade easements and conservation 141 easements as appropriate, in accordance with the provisions of the Georgia Uniform 142 Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); 143 (7) 144 Conduct educational programs on historic properties located within the City of Milton and 145 on general historic preservation activities; 146 147 148 (8) 149 Shall recommend Make such investigations and studies of matters relating to historic 150 preservation including consultation with historic preservation experts, as the Milton City 151 Council or the HPC itself may, from time to time, deem necessary or appropriate for the 152 purposes of preserving historic resources; 153 (9) 154 Research local, state, federal, or private funds for historic preservation, and make 155 recommendations to the Milton City Council concerning the most appropriate use of any 156 funds acquired; 157 (10) 158 Recommend to the Milton City Council possible historic resource incentive programs for 159 their review; 160 (11) 161 Submit to the Historic Preservation Division of the Georgia Department of Natural 162 Resources a list of designated historic properties or historic districts; 163 (12) 164 Perform historic preservation activitiesDesignate the HPC as the official agency of the 165 Milton Historic Preservation Program; 166 167 (13) 168 Retain Shall recommend the retention of persons with professional expertise to carry out 169 specific tasks, as needed, subject to approval by the Milton City Council; 170 171 (14) 172 Receive donations, grants, funds, or gifts of historic property property, on behalf of the 173 City, and acquire and sellshall recommend the acquisition and sale of historic properties, 174 provided the Milton City Council has provided prior consent to do so and all state and local 175 laws regarding local government property disposition are followed. The receipt of 176 donations, grants, funds, or gifts shall be accepted only if such acceptance does not 177 violate the City of Milton Code of Ethics; 178 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 5 of 14 (15) 179 Review and make comments to the Historic Preservation Division of the Georgia 180 Department of Natural Resources concerning the nomination of properties within its 181 jurisdiction to the National Register of Historic Places; 182 (16) 183 Participate in private, state, and federal historic preservation programs and with the 184 approval of the Milton City Council enter into contractual agreements to do the same. 185 186 (17) 187 Work with a City of Milton Staff member, who will serve as liaison between HPC and 188 Mayor and City Council. 189 190 (d) 191 HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the 192 transaction of business and for consideration of applications for designations and certificates of 193 appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC 194 shall have the flexibility to adopt such rules and standards without amendment to this article. The 195 HPC shall provide for the time and place of regular meetings and a method for the calling of special 196 meetings, consistent with the Georgia Open Meetings Act. The HP C shall select such officers as it 197 deems appropriate from among its members. A quorum shall consist of a majority of voting 198 members. All rules shall be ratified by the Milton City Council before becoming effective. 199 200 (e) 201 Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia 202 Statutes and in the City of Milton Charter. 203 204 205 206 (f) 207 HPC's authority to receive funding from various sources. The HPC shall have the authority to 208 accept donations on behalf of the City of Milton, and shall ensure that these funds do not displace 209 appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics 210 Code. 211 (g) 212 Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and 213 actions. Reports to the Milton City Council will also be made on a regular and timely basis. 214 (Ord. No. 10-06-65, § III, 6-25-2010) 215 Sec. 64-2454. - Recommendation and designation of historic properties. 216 (a) 217 Preliminary research by HPC. 218 (1) 219 HPC's mandate to conduct a survey of local historical resources: The HPC shall compile 220 and collect information on historic resources with the City of Milton. Records shall be 221 stored in the City of Milton storage area. 222 (2) 223 HPC's power to recommend districts and buildings to the Milton City Council for 224 designation: The HPC may present to the Milton City Council recommendations for 225 historic districts and properties. 226 227 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 6 of 14 (3) 228 HPC's documentation of proposed designation: Prior to the HPC's recommendation to the 229 Milton City Council of a property or district for historic designation, the HPC shall prepare 230 a report for recommendation consisting of: 231 a. 232 A detailed physical description of the proposed historic property or historic 233 district; and 234 b. 235 A statement of the historical, cultural, architectural, and/or aesthetic significance 236 of the proposed historic property or historic district; and 237 c. 238 A map showing district boundaries and classification (i.e., contributing, 239 noncontributing) of individual properties therein, or showing boundaries of 240 individual properties; and 241 d. 242 A statement justifying the boundaries of the proposed property or district; and 243 e. 244 Representative photographs of the proposed property or district. 245 (b) 246 Designation of historic district. 247 (1) 248 Criteria for selection of historic districts: A historic district is a geographically definable 249 area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, 250 buildings, structures, works of art, or objects, or a combination thereof, which (1) have 251 special character or special historical or esthetic interest or value; (2) represent one or 252 more periods or styles or architecture typical of one or more eras in the history of Milton, 253 the State of Georgia, or the nation; and (3) cause such area, by reason of such factors, to 254 constitute a visibly perceptible section of the City of Milton. A district may also comprise 255 individual elements separated geographically but linked by association or history. A 256 historic district may be deemed worthy of preservation by reason of value to the nation, 257 the State of Georgia, or the City of Milton for at least one of the following reasons: 258 a. 259 It possesses an outstanding example of structures representative of its era; or 260 261 262 b. 263 It contains the few remaining examples of a past architectural style or type over 264 50 years old; or 265 266 c. 267 It is a place associated with an event or persons of historic or cultural 268 significance to the City of Milton, State of Georgia, or the region; or 269 270 271 d. 272 It is the site of natural, archeological, or aesthetic interest that contributes to the 273 cultural or historical development and heritage of the municipality, county, state, 274 or region. 275 (2) 276 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 7 of 14 Boundaries of a historic district: Boundaries of a historic district shall be included in the 277 separate ordinances designating such districts and shall be shown on the official zoning 278 map of the City of Milton, Georgia. 279 (3) 280 Evaluation of properties within historic districts: individual properties within historic districts 281 shall be classified as: 282 a. 283 Contributing (contributes to the district); or 284 b. 285 Noncontributing (Does not contribute to the district as provided for in subsection 286 (b)(1) of this section). 287 (c) 288 Designation of historic property. 289 290 Criteria for selection of historic properties: An individual building, structure, site or object 291 deemed worthy of preservation by reason of value to the nation, the State of Georgia, or 292 the City of Milton for one or more of the following reasons: 293 a. 294 It is an outstanding example of a structure representative of its era; or 295 b. 296 It is one of the few remaining examples of a past architectural style or type over 297 50 years old; or 298 c. 299 It is a place associated with an event or persons of historic or cultural 300 significance to the City of Milton, State of Georgia, or the region; or 301 d. 302 It is the site of natural, archeological, or aesthetic interest that contributes to the 303 cultural or historical development and heritage of the municipality, county, state, 304 or region. 305 (d) 306 Requirement for adopting an ordinance for the designation of historic districts and historic 307 properties. 308 309 310 311 (1) 312 Application for designation of historic districts or properties: Proposals may be submitted 313 by the Milton City Council, via majority vote, or by the HPC via a majority of that 314 commission, or: 315 a. 316 For historic districts—A historical society, neighborhood association, or the 317 owners of a group of properties; 318 b. 319 For historic properties—A historical society, neighborhood association, or the 320 property owner. 321 322 323 (2) 324 Required components of a designation ordinance: Any ordinance designating any property 325 or district as historic shall: 326 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 8 of 14 a. 327 List each property in a proposed historic district or describes the proposed 328 individual historic property; 329 b. 330 Set forth the name(s) of the owner(s) of the designated property or properties; 331 332 c. 333 Require that a certificate of appropriateness be obtained from the HPC prior to 334 any material change in appearance of the designated prop erty; and 335 d. 336 Require that the property or district be shown on the official zoning map of the 337 City of Milton, Georgia and kept as a public record to provide notice of such 338 designation. 339 (3) 340 Require public hearings: The HPC and the Milton City Council shall hold a joint public 341 hearing at a special or regular HPC meeting on any proposed ordinance for the 342 designation of any historic district or property. Notice of the hearing shall be published in 343 at least three consecutive issues of the newspaper utilized by Milton as the legal organ, 344 and written notice of the hearing shall be mailed not less than ten or more than 20 days 345 prior to the date set for the public hearing. A notice sent via the United States mail to the 346 last-known owner of the property shown on the City of Milton tax digest and a notice sent 347 via United States mail to the address of the property to the attention of the occupant shall 348 constitute legal notification to the owner and occupant under this article. A notice sent via 349 the United States mail to the last-known owner of the property shown on the City of Milton 350 tax digest and a notice sent via attention of the occupant shall constitute legal notification 351 to the owner and occupant under this section. 352 (4) 353 Notification of historic preservation division: No less than 30 days prior to making a 354 recommendation on any ordinance designating a property or district as historic, the HPC 355 must submit the report, required in subsection 64-2454(a)(3), to the historic preservation 356 division of the department of natural resources. 357 (5) 358 Recommendations on proposed designations: A recommendation to affirm, modify or 359 withdraw the proposed ordinance for designation shall be made by the HPC within 15 360 days following the joint public hearing and shall be in the form of a resolution to the Milton 361 City Council. 362 (6) 363 Milton City Council action on the HPC's recommendation: Following receipt of the HPC 364 recommendation, the Milton City Council may adopt the ordinance for designation as 365 proposed, may adopt the ordinance with any amendments it deems necessary, or reject 366 the ordinance. 367 (7) 368 Notification of adoption of ordinance for designation: Within 30 days following the adoption 369 of the ordinance for designation by the Milton City Council, the owners and occupants of 370 each designated historic property, and the owner(s) and occupants of each building, 371 structure, or site located within a designated historic district, shall be given written 372 notification of such designation by the Milton City Council, which notice shall apprise said 373 owners and occupants of the necessity of obtaining a certificate of appropriateness prior 374 to undertaking any material change in appearance of the historic property designated or 375 within the historic district designated. A notice sent via the United States mail to the last-376 known owner of the property shown on the City of Milton tax digest and a notice sent via 377 United States mail to the address of the property to the attention of the occupant shall 378 constitute legal notification to the owner and occupant under this article. 379 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 9 of 14 380 (8) 381 Notification of other agencies regarding designation: The HPC shall notify all necessary 382 agencies within the City of Milton of the ordinance for designation. 383 384 385 (9) 386 Moratorium on applications for alteration or demolition while ordinance for designation is 387 pending: If an ordinance for designation is being considered, the hpc shall notify the 388 permitting division of the community development department. No permit of any kind shall 389 be issued for work which would constitute a material change in the appearance of a 390 structure, site, or landscaping within the designated area until the proposed ordinance is 391 enacted or rejected by the city council. The HPC must recommend via resolution an 392 ordinance for designation to the city council within 45 days of the permitting division 393 denying a building permit based on the moratorium. 394 (Ord. No. 10-06-65, § IV, 6-25-2010) 395 Sec. 64-2455. - Application to HPC for a certificate of appropriateness. 396 (a) 397 Approval of material change in appearance involving historic properties. After the designation by 398 ordinance of a historic property or of a historic district, no material change in the appearance of 399 such historic property, or of a contributing or noncontributing building, structure, site or object within 400 such historic district shall occur or be permitted to be made by the owner or occupant thereof 401 unless or until the application and approval of a certificate of appropriateness. Certificates of 402 appropriateness for material changes in historic properties and material changes to co ntributing 403 and noncontributing buildings, structures, sites, or objects in historic districts shall be issued by the 404 HPC in accord with the process set forth below. A building permit shall not be issued without a 405 certificate of appropriateness. 406 407 A certificate of appropriateness shall be required before construction can begin for historic 408 properties or properties within a historic district, regardless of whether a building permit is required. 409 (b) 410 Submission of plans to HPC. An application for a certificate of appropriateness shall be 411 accompanied by drawings, photographs, plans and documentation required by the HPC. 412 (c) 413 Interior alterations. In its review of an application for a certificate of appropriateness the HPC shall 414 not consider interior arrangement or use having no effect on exterior architectural features. 415 (d) 416 Technical advice. The HPC shall have the power to seek technical advice from outside its members 417 on any application. 418 (e) 419 Public hearings on applications for certificates of appropriateness, notices, and right to be heard. 420 The HPC shall hold a public hearing at which each proposed certificate of appropriateness is 421 discussed. Notice of the hearing shall be published in the newspaper utilized by Milton as the legal 422 organ and written notice of the hearing shall be made by the HPC to all owners and occupants of 423 the subject property. The written and published notice shall be provided in the same manner and 424 time frame as notices as required by the Georgia Zoning Procedures Law. 425 The HPC shall provide the property owner and/or applicant an opportunity to be heard at the 426 certificate of appropriateness hearing. 427 (f) 428 Acceptable HPC response to applications for certificates of appropriateness. 429 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 10 of 14 HPC action: The HPC may (i) approve the application for a certificate of appropriateness as 430 proposed; (ii) approve the application for a certificate of appropriateness with any modifications it 431 deems necessary; or (iii) reject the application for a certificate of appropriateness. 432 433 (g) Grounds for approval. 434 The HPC shall approve the application and issue a certificate of appropriateness if it finds that the 435 proposed material change(s) in the appearance would not have a substantial adverse effect on the 436 aesthetic, historic, or architectural significance and value of the historic property or the historic 437 district. In making this determination, the HPC shall consider, in addition to any other pertinent 438 factors, the following criteria: 439 440 1. 441 For reconstruction, alteration, new construction or renovation: Whether the 442 proposed actions conform in design, scale, building material, setback and site 443 features and to the United States Secretary of the Interior's Standards for 444 Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 445 2. 446 For relocation: 447 a. 448 The historic character and aesthetic interest of the building, structure, or 449 object contributes to its present setting; 450 b. 451 Whether there are definite plans for the area to be vacated and what the 452 effect of those plans on the character of the surrounding area will be; 453 c. 454 Whether the building, structure, or object can be moved without 455 significant damage to its physical integrity; 456 d. 457 Whether the proposed relocation area is compatible with the historical 458 and architectural character of the building, structure, site, or object. 459 3. 460 For demolition: 461 a. 462 The historic, scenic, or architectural significance of the building, 463 structure, site, or object; 464 b. 465 The importance of the building, structure, site, or object to the ambiance 466 of the area; 467 c. 468 The difficulty or impossibility of reproducing such a building, structure, 469 site, or object because of its design, texture, material, detail, or unique 470 location; 471 d. 472 Whether the building, structure, site, or object is one of the last 473 remaining examples of its kind in the neighborhood or the city; 474 e. 475 Whether there are definite plans for use of the property if the proposed 476 demolition is carried out, and what the effect of those plans on the 477 character of the surrounding area would be; 478 479 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 11 of 14 f. 480 Whether reasonable measures can be taken to save the building, 481 structure, site, or object from collapse; 482 g. 483 Whether the building, structure, site, or object is capable of earning 484 reasonable economic return on its value. 485 486 (h) 487 Undue hardship. When, by reason of unusual circumstances, the strict application of any provision 488 of the ordinance would result in the exceptional practical difficulty or undue economic hardship 489 upon any owner of a specific property, the HPC, in passing upon applications, shall have the power 490 to recommend to the Mayor and City Council whether strict provisions shall be varied or modified, 491 to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such 492 variances, modifications, interpretations shall remain in harmony with the general purpose and 493 intent of said provisions, so that the architectural or historical integrity, or character of the property, 494 shall be conserved and substantial justice done. In granting variances, the HPC Mayor and City 495 Council may impose such reasonable and additional stipulations and conditions as will, in its 496 judgment, best fulfill the purpose of this article. An undue hardship shall not be a situation of the 497 person's own making. 498 (i) 499 Deadline for approval or rejection of application for a certificate of appropriateness. 500 501 (1) 502 The HPC shall approve or reject an application for a certificate of appropriateness within 503 45 days after the filing thereof by the owner or occupant of a historic property, building, 504 structure, object or site. Evidence of approval shall be by a certificate of appropriateness 505 issued by the HPC. Notice of the issuance or denial of a certificate of appropriateness 506 shall be sent by United States certified mail to the applicant and all other persons who 507 have requested such notice in writing filed with the HPC. 508 (2) 509 Should the HPC fail to approve or reject an application for a certificate of appropriateness 510 within 45 days the application shall be deemed automatically approved. 511 (j) 512 Necessary action to be taken by HPC upon rejection of application for a certificate of 513 appropriateness. 514 (1) 515 In the event the HPC rejects an application for a certificate of appropriateness, the HPC 516 shall state its reasons for doing so, and shall transmit a record of such rejection and 517 reasons, in writing, to the applicant. The HPC may suggest alternative courses of action it 518 thinks proper if it rejects the application submitted. The applicant, if he or she so desires, 519 may make modifications to the plans and may resubmit the application at any time after 520 making said modifications. 521 (2) 522 In cases where the application for a certificate of appropriateness covers a material 523 change in the appearance of a structure which would require the issuance of a building 524 permit, the rejection of the application for a certificate of appropriateness by the HPC shall 525 be binding upon the building inspector or other administrative officer charged with issuing 526 building permits and, in such a case, no building permit shall be issued. 527 (k) 528 Requirement of conformance with a certificate of appropriateness. 529 (1) 530 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 12 of 14 All work performed pursuant to an issued certificate of appropriateness shall conform to 531 the requirements of such certificate. In the event work is performed not in accordance with 532 such certificate, the HPC may request that the city obtain a cease and desist order from 533 the appropriate tribunal and all work shall cease. 534 (2) 535 The HPC or tThe Milton City Council may, of its own initiative or at the request of the HPC, 536 may initiate any appropriate action or proceeding in a court of competent jurisdiction to 537 prevent any material change in appearance of a designated historic property, except those 538 changes made in compliance with the provisions of this ordinance or to prevent a ny illegal 539 act or conduct with respect to such historic property. 540 (l) 541 Certificate of appropriateness void if construction not commenced. 542 (1) 543 A certificate of appropriateness shall become void unless the work described in the 544 application for a certificate of appropriateness as approved by the HPC has commenced 545 within six months of the date of issuance. 546 547 548 (2) 549 A certificate of appropriateness shall expire after 18 months unless said certificate is 550 renewed. A certificate of appropriateness may be renewed for a single 18-month period. 551 552 An application for renewal must be submitted to the Community Development Director 553 prior to the expiration of the original certificate of appropriateness. The Director shall 554 approve the application for renewal provided the project is not in violation of any City 555 Ordinance. 556 557 (m) 558 Recording an application for a certificate of appropriateness. The HPC shall keep a public record of 559 all applications for a certificate of appropriateness, and of all the HPC's proceedings in connection 560 with said application. These records shall be maintained at city hall. 561 (n) 562 Acquisition of property. The HPC may, where such action is authorized by the Milton City Council 563 and is reasonably necessary or appropriate for the preservation of a historic property, enter into 564 negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the 565 property or any interest therein. If property is conveyed based upon the efforts of the HPC, the 566 property interest shall be conveyed in the name of the City of Milton, Georgia. 567 (o) 568 Appeals. Any person adversely affected by any determination made by the HPC relative to the 569 issuance or denial of an application for a certificate of appropriateness may appeal such 570 determination to the Milton City Council. Any such appeal must be filed with the Milton City Council 571 within 3015 days after the issuance of the determination pursuant to subsection (g) of this section, 572 or in the case of a failure of the Commission to act, within 30 days {FIFTEEN (15) DAYS} of the 573 expiration of the forty-five (45) day period allowed for the Commission action, Section (h) 1 of this 574 Ordinance. The Milton City Council may approve, modify, or reject the determination made by the 575 HPC, if the governing body finds that the HPC abused its discretion in reaching its decision. 576 Appeals from decisions of the Milton City Council may be taken to the Superior Court of Fulton 577 County via a writ of certiorari. 578 (Ord. No. 10-06-65, § V, 6-25-2010) 579 Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision. 580 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 13 of 14 (a) 581 Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or 582 environmental feature in or on a historic property to correct deterioration, decay, or to sustain the 583 existing form, and that does not involve a material change in design, material, or outer appearance 584 thereof, does not require a certificate of appropriateness. 585 (b) 586 Failure to provide ordinary maintenance or repair. Property owners of historic properties or 587 properties within historic districts shall not allow their buildings to deteriorate by failing to provide 588 ordinary maintenance or repair. The HPC shall be charged with the following responsibilities 589 regarding deterioration by neglect: 590 (1) 591 The HPC shall monitor the condition of historic properties and existing buildings in historic 592 districts to determine if they are being allowed to deteriorate by neglect. Such conditions 593 as broken windows, doors and openings which allow the elements and vermin to enter, 594 and the deterioration of a building's structural system shall constitute failure to provide 595 ordinary maintenance or repair. 596 (2) 597 In the event the HPC determines a failure to provide ordinary maintenance or repair, the 598 HPC will notify the owner of the property and set forth the steps which need to be taken to 599 remedy the situation. The owner of such property will have 30 days in which to do this. A 600 building permit may be required to accomplish the necessary remedial measures. 601 602 603 (3) 604 In the event that the condition is not remedied in 30 days, the owner shall be sanctioned 605 as provided in section 64-2457 of this article and, upon approval of the Milton City Council, 606 the HPC may perform such maintenance or repair as is necessary to prevent deterioration 607 by neglect. The owner of the property shall be liable for the cost of such maintenance and 608 repair performed by the HPC and shall reimburse the City of Milton for same. In the event 609 reimbursement does not occur, the Milton City Council shall have the right to recover 610 same using all available legal means, including the placement of liens on the property in 611 accordance with law. 612 (c) 613 Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to 614 exempt property owners from complying with existing city or county building and zoning codes. 615 (Ord. No. 10-06-65, § VI, 6-25-2010) 616 Sec. 64-2457. - Penalty provisions. 617 A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each 618 day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, 619 and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on 620 those persons or entities found to have violated this article: 621 (a) 622 The same penalties as set forth in the zoning chapter of the City for all violations of 623 requirements set forth in the said zoning chapter; or 624 (b) 625 The penalties set forth in Section 1-5 of the Code of Ordinances of the City for non-zoning 626 violations. 627 (c) 628 APRIL 10, 2012 FINAL PC ISSUES - TRACKED RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council Meeting on April 23, 2012 - PC changes are in purple. (4/12/2012) Page 14 of 14 Restrictions on future development. If a historic property is demolished or relocated 629 without a certificate of appropriateness, or in the event the plans are changed for the 630 property from which the resource was removed without approval of the changed plans by 631 the HPC, then the following restrictions, in addition to any other penalties or remedies set 632 forth in this article, shall be applicable to the site where the structure or property was 633 formerly located: 634 635 1). 636 No building or other permits will be issued for construction on the site, with the 637 exception of a permit to restore such structure or property after obtaining a 638 certificate of appropriateness, for a period of five years after the date of such 639 demolition or removal. 640 2). 641 No permits shall be issued by the City for any curb cuts on the site for a period of 642 five years from and after the date of such demolition or removal. 643 3.) 644 No parking lot for vehicles shall be operated whether for remuneration or not on 645 the site for a period of five years from and after the date of such demolition and 646 removal. 647 4). 648 The owner of the site shall maintain the site in a clean and orderly state and shall 649 properly maintain all existing trees and landscaping on the site. When these 650 restrictions become applicable to a particular site, the building official shall cause 651 to be filed a verified notice thereof in the Real Property Records of Fulton County 652 and such restrictions shall then be binding on future owners of the property. 653 (4d) 654 Civil action. As an additional remedy in addition to the penalties stated above, the City 655 may take all necessary civil action to enforce the provisions hereof and may seek 656 appropriate legal or equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010) 657 658 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 1 of 13 Sec. 64-2451. - Purpose. 1 In support and furtherance of its findings and determination that the historical, cultural, and 2 aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the 3 preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the 4 people; 5 In order to maintain historic structures and to protect and enhance local historical and aesthetic 6 attractions to residents and tourists and thereby promote and stimulate business; 7 In order to enhance the opportunities for federal or state tax benefits under relevant provisions of 8 federal or state law; and 9 In order to provide for designation, protection, preservation, and rehabilitation of historic properties 10 and to participate in federal or state programs to do the same; 11 The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this 12 article to establish a uniform procedure for use in providing for the identification, protection, enhancement, 13 perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features 14 having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the 15 provisions of the article. 16 (Ord. No. 10-06-65, § I, 6-25-2010) 17 Sec. 64-2452. - Definitions. 18 The following words, terms and phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context clearly indicates a different meaning: 20 Application for designation means a formal request in writing in a form specified by the historic 21 preservation commission that the historic preservation commission consider a property for possible 22 designation as a historic property or historic district. 23 Building means any structure with a roof, designed or built for the support, enclosure, shelter, or 24 protection of persons, animals, chattels, or property of any kind. 25 Certificate of appropriateness means a document evidencing approval by the historic preservation 26 commission of an application to make a material change in the appearance of a designated historic property 27 or of a property located within a designated historic district. 28 Contributing means a building, structure, object, site or work of art that adds to the historic 29 architectural qualities or archaeological values for which the district is significant because it was present 30 during the period of significance, relates to the documented significance of the district, and possesses 31 historic integrity or is capable of yielding important information about the period of significance. 32 Designation means a decision by the City of Milton to designate a property as a "historic property" 33 or as a "historic district" and thereafter prohibit all material change in appearance of such property or within 34 such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission 35 of the City of Milton. 36 Exterior architectural features means the architectural style, general design, and general 37 arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture 38 of the building material and the type and style of all windows, doors, signs, and other appurtenant 39 architectural fixtures, features, details, or elements relative to the foregoing. 40 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 2 of 13 Exterior environmental features means all aspects of the landscape or the development or 41 appearance of a site which affect the historical character of the property. 42 Historic means belonging to the past; of what is important or culturally significant in the past. A 43 historic resource shall be at least 50 years old, and should retain a significant degree of integrity that is 44 comprised of at least one of five qualities: location, design, setting, materials, and workmanship. 45 46 Historic district means a geographically definable area, urban or rural, possessing a significant 47 concentration, linkage, or continuity of sites, buildings, structures, works of art, or ob jects, or a combination 48 thereof, which 49 (1) have special character or special historical or aesthetic interest or value; 50 (2) represent one or more periods or styles or architecture typical of one or more eras in the history 51 of Milton, Fulton County, Georgia, or the nation; and 52 (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City 53 of Milton. 54 (4) includes at least one historic property designated concurrently or prior to designation of the 55 historic district. 56 A district may also comprise individual elements separated geographically but linked by association 57 or history. A historic district shall further mean an area designated by the Milton City Council as a historic 58 district pursuant to the criteria established in subsection 64-2454(b) of this article. 59 Historic property means an individual building, structure, site, or object designated by the Milton 60 City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article. 61 Material change in appearance means a change that will affect the exterior architectural or 62 environmental features of a historic property or any building, structure, site, object, or landscape feature 63 within a historic district, such as: 64 (1) 65 A reconstruction or alteration of the size, shape, or façade of a historic property, including 66 but not limited to, relocation of any doors or windows or removal or alteration of any 67 architectural features, details, or elements; 68 (2) 69 Demolition or relocation of a historic structure; 70 (3) 71 Commencement of excavation for construction purposes; 72 (4) 73 A change in the location or removal of advertising visible from the public right-of-way; or 74 (5) 75 The erection, alteration, restoration, or removal of any building or structure within a historic 76 property or district, including but not limited to walls, fences, steps and pavements, or 77 other appurtenant features, except exterior paint alterations. 78 79 Non-contributing means a non historic resource or classification applied to an individual property 80 located within a designated historic district, signifying that the property does not contribute to the distinctive 81 character of the district. Such properties are subject only to the provisions of this chapter regarding new 82 construction, including general landscape character, and only when the amount of new construction equals 83 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 3 of 13 or exceeds twenty-five percent (25%) of the land area or building ground floor area of the property at the 84 time of its identification as noncontributing. 85 Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that 86 may be, by nature or design, movable yet related to a specific setting or environment. 87 Site means the location of a significant event, a prehistoric or historical occupation or activity, or a 88 building or structure, whether standing, ruined, or vanished where the location itself maintains historical , or 89 of archeological value regardless of the value of any existing structure. 90 Structure means a work of interdependent and inter-related parts in a definite pattern of 91 organization. A manmade object; it may be large or small in scale. 92 (Ord. No. 10-06-65, § II, 6-25-2010) 93 Sec. 64-2453. - Creation of a historic preservation commission. 94 (a) 95 Creation of the historic preservation commission. There is hereby created a commission whose title 96 shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). 97 (b) 98 HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven 99 members. Each of the individual members of the Milton City Council and the Mayor shall appoint a 100 member of the HPC. The terms of individual members shall be two years, or until a new member is 101 appointed to replace them – whichever occurs later, and shall begin on January 1 of each even 102 numbered calendar year. If a member is replaced for any reason, the new member shall serve only 103 the remaining portion of the replaced member’s term. There shall be no limit on the number of 104 terms a member may serve on the HPC. Each appointee shall reside anywhere within the limits of 105 the City of Milton, and not be bound to a councilperson's respective council district. 106 To the extent individuals are available and willing to serve in the City of Milton, at least three 107 official, voting HPC member shall be appointed from among professionals in the disciplines of 108 architecture, history, architectural history, planning, archeology, building construction, real property 109 appraisal, or related professions. 110 HPC members shall not receive a salary, although they may be reimbursed for expenses with the 111 prior approval of the city manager. 112 (c) 113 Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other , 114 Ordinance the HPC shall be authorized to: 115 (1) 116 Prepare and maintain an inventory of all property within the City of Milton having the 117 potential for designation as historic; 118 (2) 119 Recommend to the Milton City Council specific districts, sites, buildings, structures, or 120 objects to be designated by ordinance as a historic property or a historic district; 121 122 (3) 123 Review applications for Certificates of Appropriateness, and grant or deny same in 124 accordance with the provisions of this article; 125 (4) 126 Recommend to the Milton City Council that any designation of a historic property or 127 historic district be revoked or removed; 128 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 4 of 13 129 (5) 130 Recommend to the Milton City Council the restoration or preservation of a ny historic 131 properties acquired by the City of Milton, subject to fu nding availability and with the prior 132 approval of the Milton City Council; 133 134 (6) 135 Promote the acquisition by the City of Milton of facade easements and conservation 136 easements as appropriate, in accordance with the provisions of the Georgia Uniform 137 Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); 138 (7) 139 Conduct educational programs on historic properties located within the City of Milton and 140 on general historic preservation activities; 141 142 (8) 143 Shall recommend such investigations and studies of matters relating to historic 144 preservation including consultation with historic preservation experts, as the Milton City 145 Council or the HPC itself may, from time to time, deem necessary or appropriate for the 146 purposes of preserving historic resources; 147 (9) 148 Research local, state, federal, or private funds for historic preservation, and make 149 recommendations to the Milton City Council concerning the most appropriate use of any 150 funds acquired; 151 (10) 152 Recommend to the Milton City Council possible historic resource incentive programs for 153 their review; 154 (11) 155 Submit to the Historic Preservation Division of the Georgia Department of Natural 156 Resources a list of designated historic properties or historic districts; 157 (12) 158 Designate the HPC as the official agency of the Milton Historic Preservation Program; 159 160 (13) 161 Shall recommend the retention of persons with professional expertise to carry out specific 162 tasks, as needed, subject to approval by the Milton City Council; 163 (14) 164 Receive donations, grants, funds, or gifts of historic property, on behalf of the City, and 165 shall recommend the acquisition and sale of historic properties, provided the Milton City 166 Council has provided prior consent to do so and all state and local laws regarding local 167 government property disposition are followed. The receipt of donations, grants, funds, or 168 gifts shall be accepted only if such acceptance does not violate the City of Milton Code of 169 Ethics; 170 (15) 171 Review and make comments to the Historic Preservation Division of the Georgia 172 Department of Natural Resources concerning the nomination of properties within its 173 jurisdiction to the National Register of Historic Places; 174 (16) 175 Participate in private, state, and federal historic preservation programs and with the 176 approval of the Milton City Council enter into contractual agreements to do the same. 177 178 179 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 5 of 13 (17) 180 Work with a City of Milton Staff member, who will serve as liaison between HPC and 181 Mayor and City Council. 182 183 (d) 184 HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the 185 transaction of business and for consideration of applications for designations and certificates of 186 appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC 187 shall have the flexibility to adopt such rules and standards without amendment to this article. The 188 HPC shall provide for the time and place of regular meetings a nd a method for the calling of special 189 meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it 190 deems appropriate from among its members. A quorum shall consist of a majority of voting 191 members. All rules shall be ratified by the Milton City Council before becoming effective. 192 193 (e) 194 Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia 195 Statutes and in the City of Milton Charter. 196 (f) 197 HPC's authority to receive funding from various sources. The HPC shall have the authority to 198 accept donations on behalf of the City of Milton, and shall ensure that these funds do not displace 199 appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics 200 Code. 201 (g) 202 Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and 203 actions. Reports to the Milton City Council will also be made on a regular and timely basis. 204 (Ord. No. 10-06-65, § III, 6-25-2010) 205 Sec. 64-2454. - Recommendation and designation of historic properties. 206 (a) 207 Preliminary research by HPC. 208 (1) 209 HPC's mandate to conduct a survey of local historical resources: The HPC shall compile 210 and collect information on historic resources with the City of Milton. Records shall be 211 stored in the City of Milton storage area. 212 (2) 213 HPC's power to recommend districts and buildings to the Milton City Council for 214 designation: The HPC may present to the Milton City Council recommendations for 215 historic districts and properties. 216 217 (3) 218 HPC's documentation of proposed designation: Prior to the HPC's recommendation to the 219 Milton City Council of a property or district for historic designation, the HPC shall prepare 220 a report for recommendation consisting of: 221 a. 222 A detailed physical description of the proposed historic property or historic 223 district; and 224 225 b. 226 A statement of the historical, cultural, architectural, and/or aesthetic significance 227 of the proposed historic property or historic district; and 228 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 6 of 13 c. 229 A map showing district boundaries and classification (i.e., contributing, 230 noncontributing) of individual properties therein, or showing boundaries of 231 individual properties; and 232 d. 233 A statement justifying the boundaries of the proposed property or district; and 234 e. 235 Representative photographs of the proposed property or district. 236 (b) 237 Designation of historic district. 238 (1) 239 Criteria for selection of historic districts:. A historic district may be deemed worthy of 240 preservation by reason of value to the nation, the State of Georgia, or the City of Milton for 241 at least one of the following reasons: 242 a. 243 It possesses an outstanding example of structures representative of its era; or 244 245 b. 246 It contains the few remaining examples of a past architectural style or type over 247 50 years old; or 248 249 c. 250 It is a place associated with an event or persons of historic or cultural 251 significance to the City of Milton, State of Georgia, or the region; or 252 253 d. 254 It is the site of natural, archeological, or aesthetic interest that contributes to th e 255 cultural or historical development and heritage of the municipality, county, state, 256 or region. 257 (2) 258 Boundaries of a historic district: Boundaries of a historic district shall be included in the 259 separate ordinances designating such districts and shall be shown on the official zoning 260 map of the City of Milton, Georgia. 261 (3) 262 Evaluation of properties within historic districts: individual properties within historic districts 263 shall be classified as: 264 a. 265 Contributing (contributes to the district); or 266 b. 267 Noncontributing (Does not contribute to the district as provided for in subsection 268 (b)(1) of this section). 269 (c) 270 Designation of historic property. 271 272 Criteria for selection of historic properties: An individual building, structure, site or object 273 deemed worthy of preservation by reason of value to the nation, the State of Georgia, or 274 the City of Milton for one or more of the following reasons: 275 a. 276 It is an outstanding example of a structure representative of its era; or 277 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 7 of 13 b. 278 It is one of the few remaining examples of a past architectural style or type over 279 50 years old; or 280 c. 281 It is a place associated with an event or persons of historic or cultural 282 significance to the City of Milton, State of Georgia, or the region; or 283 d. 284 It is the site of natural, archeological, or aesthetic interest that contributes to the 285 cultural or historical development and heritage of the municipality, county, state, 286 or region. 287 (d) 288 Requirement for adopting an ordinance for the designation of historic districts and historic 289 properties. 290 291 (1) 292 Application for designation of historic districts or properties: Proposals may be submitted 293 by the Milton City Council, via majority vote, or by the HPC via a majority of that 294 commission, or: 295 a. 296 For historic districts—A historical society, neighborhood association, or the 297 owners of a group of properties; 298 b. 299 For historic properties—A historical society, neighborhood association, or the 300 property owner. 301 302 (2) 303 Required components of a designation ordinance: Any ordinance designating any property 304 or district as historic shall: 305 a. 306 List each property in a proposed historic district or describes the proposed 307 individual historic property; 308 b. 309 Set forth the name(s) of the owner(s) of the designated property or properties; 310 311 c. 312 Require that a certificate of appropriateness be obtained from the HPC prior to 313 any material change in appearance of the designated property; and 314 d. 315 Require that the property or district be shown on the official zoning map of the 316 City of Milton, Georgia and kept as a public record to provide notice of such 317 designation. 318 (3) 319 Require public hearings: The HPC and the Milton City Council shall hold a joint public 320 hearing at a special or regular HPC meeting on any proposed ordinance for the 321 designation of any historic district or property. Notice of the hearing shall be published in 322 at least three consecutive issues of the newspaper utilized by Milton as the legal organ, 323 and written notice of the hearing shall be mailed not less than ten or more than 20 days 324 prior to the date set for the public hearing. A notice sent via the United States mail to the 325 last-known owner of the property shown on the City of Milton tax digest and a notice sent 326 via United States mail to the address of the property to the attention of the occupant shall 327 constitute legal notification to the owner and occupant under this article. 328 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 8 of 13 (4) 329 Notification of historic preservation division: No less than 30 days prior to making a 330 recommendation on any ordinance designating a property or district as historic, the HPC 331 must submit the report, required in subsection 64-2454(a)(3), to the historic preservation 332 division of the department of natural resources. 333 (5) 334 Recommendations on proposed designations: A recommendation to affirm, modify or 335 withdraw the proposed ordinance for designation shall be made by the HPC within 15 336 days following the joint public hearing and shall be in the form of a resolution to the Milton 337 City Council. 338 (6) 339 Milton City Council action on the HPC's recommendation: Following receipt of the HPC 340 recommendation, the Milton City Council may adopt the ordinance for designation as 341 proposed, may adopt the ordinance with any amendments it deems necessary, or reject 342 the ordinance. 343 (7) 344 Notification of adoption of ordinance for designation: Within 30 days following the adoption 345 of the ordinance for designation by the Milton City Council, the owners and occupants of 346 each designated historic property, and the owner(s) and occupants of each building, 347 structure, or site located within a designated historic district, shall be given written 348 notification of such designation by the Milton City Council, which notice shall apprise said 349 owners and occupants of the necessity of obtaining a certificate of appropriateness prior 350 to undertaking any material change in appearance of the historic property designated or 351 within the historic district designated. A notice sent via the United States mail to the last-352 known owner of the property shown on the City of Milton tax digest and a notice sent via 353 United States mail to the address of the property to the attention of the occupant shall 354 constitute legal notification to the owner and occupant under thi s article. 355 356 (8) 357 Notification of other agencies regarding designation: The HPC shall notify all necessary 358 agencies within the City of Milton of the ordinance for designation. 359 (9) 360 Moratorium on applications for alteration or demolition while ordinance for designation is 361 pending: If an ordinance for designation is being considered, the hpc shall notify the 362 permitting division of the community development department. No permit of any kind shall 363 be issued for work which would constitute a material change in the appearance of a 364 structure, site, or landscaping within the designated area until the proposed ordinance is 365 enacted or rejected by the city council. The HPC must recommend via resolution an 366 ordinance for designation to the city council within 45 days of the permitting division 367 denying a building permit based on the moratorium. 368 (Ord. No. 10-06-65, § IV, 6-25-2010) 369 Sec. 64-2455. - Application to HPC for a certificate of appropriateness. 370 (a) 371 Approval of material change in appearance involving historic properties. After the designation by 372 ordinance of a historic property or of a historic district, no material change in the appearance of 373 such historic property, or of a contributing or noncontributing building, structure, site or object within 374 such historic district shall occur or be permitted to be made by the owner or occupant thereof 375 unless or until the application and approval of a certificate of appropriateness. Certificates of 376 appropriateness for material changes in historic properties and material changes to contributing 377 and noncontributing buildings, structures, sites, or objects in historic districts shall be issued by the 378 HPC in accord with the process set forth below. A building permit shall not be issued without a 379 certificate of appropriateness. 380 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 9 of 13 381 A certificate of appropriateness shall be required before construction can begin for historic 382 properties or properties within a historic district, regardless of whether a building permit is required. 383 (b) 384 Submission of plans to HPC. An application for a certificate of appropriateness shall be 385 accompanied by drawings, photographs, plans and documentation required by the HPC. 386 (c) 387 Interior alterations. In its review of an application for a certificate of appropriateness the HPC shall 388 not consider interior arrangement or use having no effect on exterior architectural features. 389 (d) 390 Technical advice. The HPC shall have the power to seek technical advice from outside its members 391 on any application. 392 (e) 393 Public hearings on applications for certificates of appropriateness, notices, and right to be heard. 394 The HPC shall hold a public hearing at which each proposed certificate of appropriateness is 395 discussed. Notice of the hearing shall be published in the newspaper utilized by Milton a s the legal 396 organ and written notice of the hearing shall be made by the HPC to all owners and occupants of 397 the subject property. The written and published notice shall be provided in the same manner and 398 time frame as notices as required by the Georgia Zoning Procedures Law. 399 The HPC shall provide the property owner and/or applicant an opportunity to be heard at the 400 certificate of appropriateness hearing. 401 (f) 402 Acceptable HPC response to applications for certificates of appropriateness. 403 HPC action: The HPC may (i) approve the application for a certificate of appropriateness as 404 proposed; (ii) approve the application for a certificate of appropriateness with any modifications it 405 deems necessary; or (iii) reject the application for a certificate of appropriaten ess. 406 407 (g) Grounds for approval. 408 The HPC shall approve the application and issue a certificate of appropriateness if it finds that the 409 proposed material change(s) in the appearance would not have a substantial adverse effect on the 410 aesthetic, historic, or architectural significance and value of the historic property or the historic 411 district. In making this determination, the HPC shall consider, in addition to any other pertinent 412 factors, the following criteria: 413 414 1. 415 For reconstruction, alteration, new construction or renovation: Whether the 416 proposed actions conform in design, scale, building material, setback and site 417 features and to the United States Secretary of the Interior's Standards for 418 Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 419 2. 420 For relocation: 421 a. 422 The historic character and aesthetic interest of the building, structure, or 423 object contributes to its present setting; 424 b. 425 Whether there are definite plans for the area to be vacated and what th e 426 effect of those plans on the character of the surrounding area will be; 427 c. 428 Whether the building, structure, or object can be moved without 429 significant damage to its physical integrity; 430 d. 431 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 10 of 13 Whether the proposed relocation area is compatible with the historical 432 and architectural character of the building, structure, site, or object. 433 3. 434 For demolition: 435 a. 436 The historic, scenic, or architectural significance of the building, 437 structure, site, or object; 438 b. 439 The importance of the building, structure, site, or object to the ambiance 440 of the area; 441 c. 442 The difficulty or impossibility of reproducing such a building, structure, 443 site, or object because of its design, texture, material, detail, or unique 444 location; 445 d. 446 Whether the building, structure, site, or object is one of the last 447 remaining examples of its kind in the neighborhood or the city; 448 e. 449 Whether there are definite plans for use of the property if the proposed 450 demolition is carried out, and what the effect of those plans on the 451 character of the surrounding area would be; 452 453 f. 454 Whether reasonable measures can be taken to save the building, 455 structure, site, or object from collapse; 456 g. 457 Whether the building, structure, site, or object is capable of earning 458 reasonable economic return on its value. 459 460 (h) 461 Undue hardship. When, by reason of unusual circumstances, the strict application of any provision 462 of the ordinance would result in the exceptional practical difficulty or undue economic hardship 463 upon any owner of a specific property, the HPC, in passing upon applications, shall have the power 464 to recommend to the Mayor and City Council whether strict provisions shall be varied or modified, 465 so as to relieve such difficulty or hardship; provided such variances, modifications, interpretations 466 shall remain in harmony with the general purpose and intent of said provisions, so that the 467 architectural or historical integrity, or character of the property, shall be conserved and substantial 468 justice done. In granting variances, the Mayor and City Council may impose such reasonable and 469 additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. 470 An undue hardship shall not be a situation of the person's own making. 471 (i) 472 Deadline for approval or rejection of application for a certificate of appropriateness. 473 474 (1) 475 The HPC shall approve or reject an application for a certificate of appropriateness within 476 45 days after the filing thereof by the owner or occupant of a historic property, building, 477 structure, object or site. Evidence of approval shall be by a certificate of appropriateness 478 issued by the HPC. Notice of the issuance or denial of a certificate of appropriateness 479 shall be sent by United States certified mail to the applicant and all other persons who 480 have requested such notice in writing filed with the HPC. 481 (2) 482 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 11 of 13 Should the HPC fail to approve or reject an application for a certificate of appropriateness 483 within 45 days the application shall be deemed automatically approved. 484 (j) 485 Necessary action to be taken by HPC upon rejection of application for a certificate of 486 appropriateness. 487 (1) 488 In the event the HPC rejects an application for a certificate of appropriateness, the HPC 489 shall state its reasons for doing so, and shall transmit a record of such rejection and 490 reasons, in writing, to the applicant. The HPC may suggest alternative courses of action it 491 thinks proper if it rejects the application submitted. The applicant, if he or she so desires, 492 may make modifications to the plans and may resubmit the application at any time after 493 making said modifications. 494 (2) 495 In cases where the application for a certificate of appropriateness covers a material 496 change in the appearance of a structure which would require the issuance of a building 497 permit, the rejection of the application for a certificate of appropriateness by the HPC shall 498 be binding upon the building inspector or other administrative officer charged with issuing 499 building permits and, in such a case, no building permit shall be issued. 500 (k) 501 Requirement of conformance with a certificate of appropriateness. 502 (1) 503 All work performed pursuant to an issued certificate of appropriateness shall conform to 504 the requirements of such certificate. In the event work is performed not in accordance with 505 such certificate, the HPC may request that the city obtain a cease and desist order from 506 the appropriate tribunal and all work shall cease. 507 (2) 508 The HPC or the Milton City Council, of its own initiative or at the request of the HPC, may 509 initiate any appropriate action or proceeding in a court of competent jurisdiction to prevent 510 any material change in appearance of a designated historic property, except those 511 changes made in compliance with the provisions of this ordinance or to prevent any illegal 512 act or conduct with respect to such historic property. 513 (l) 514 Certificate of appropriateness void if construction not commenced. 515 (1) 516 A certificate of appropriateness shall become void unless the work described in the 517 application for a certificate of appropriateness as approved by the HPC has commenced 518 within six months of the date of issuance. 519 520 521 (2) 522 A certificate of appropriateness shall expire after 18 months unless said certificate is 523 renewed. A certificate of appropriateness may be renewed for a single 18-month period. 524 525 An application for renewal must be submitted to the Community Development Director 526 prior to the expiration of the original certificate of appropriateness. The Director shall 527 approve the application for renewal provided the project is not in violation of any City 528 Ordinance. 529 530 (m) 531 Recording an application for a certificate of appropriateness. The HPC shall keep a public record of 532 all applications for a certificate of appropriateness, and of all the HPC's proceedings in connection 533 with said application. These records shall be maintained at city hall. 534 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 12 of 13 (n) 535 Acquisition of property. The HPC may, where such action is authorized by the Milton City Council 536 and is reasonably necessary or appropriate for the preservation of a historic property, enter into 537 negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the 538 property or any interest therein. If property is conveyed based upon the efforts of the HPC, the 539 property interest shall be conveyed in the name of the City of Milton, Georgia. 540 (o) 541 Appeals. Any person adversely affected by any determination made by the HPC relative to the 542 issuance or denial of an application for a certificate of appropriateness may appeal such 543 determination to the Milton City Council. Any such appeal must be filed with the Milton City Council 544 within 30 days after the issuance of the determination pursuant to subsection (g) of this section, or 545 in the case of a failure of the Commission to act, within 30 days of the expiration of the forty-five 546 (45) day period allowed for the Commission action, Section (h) 1 of this Ordinance. The Milton City 547 Council may approve, modify, or reject the determination made by the HPC, if the governing body 548 finds that the HPC abused its discretion in reaching its decision. Appeals from decisions of the 549 Milton City Council may be taken to the Superior Court of Fulton County via a writ of certiorari. 550 (Ord. No. 10-06-65, § V, 6-25-2010) 551 Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision. 552 (a) 553 Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or 554 environmental feature in or on a historic property to correct deterioration, decay, or to sustain the 555 existing form, and that does not involve a material change in design, material, or outer appearance 556 thereof, does not require a certificate of appropriateness. 557 (b) 558 Failure to provide ordinary maintenance or repair. Property owners of historic properties or 559 properties within historic districts shall not allow their buildings to deteriorate by failing to provide 560 ordinary maintenance or repair. The HPC shall be charged with the following responsibilities 561 regarding deterioration by neglect: 562 (1) 563 The HPC shall monitor the condition of historic properties and existing buildings in historic 564 districts to determine if they are being allowed to deteriorate by neglect. Such conditions 565 as broken windows, doors and openings which allow the elements and vermin to enter, 566 and the deterioration of a building's structural system shall constitute failure to provide 567 ordinary maintenance or repair. 568 (2) 569 In the event the HPC determines a failure to provide ordinary maintenance or repair, the 570 HPC will notify the owner of the property and set forth the steps which need to be taken to 571 remedy the situation. The owner of such property will have 30 days in which to do this. A 572 building permit may be required to accomplish the necessary remedial measures. 573 574 575 (3) 576 In the event that the condition is not remedied in 30 days, the owner shall be sanctioned 577 as provided in section 64-2457 of this article and, upon approval of the Milton City Council, 578 the HPC may perform such maintenance or repair as is necessary to prevent deterioration 579 by neglect. The owner of the property shall be liable for the cost of such maintenance and 580 repair performed by the HPC and shall reimburse the City of Milton for same. In the event 581 reimbursement does not occur, the Milton City Council shall have the right to recover 582 same using all available legal means, including the placement of liens on the property in 583 accordance with law. 584 (c) 585 APRIL 10, 2012 FINAL PC ISSUES RZ12-03 – Text Amendment to the Historic Preservation Commission prepared for the Mayor and City Council meeting on April 23, 2012. (Clean version with all PC changes.) 4/12/2012 Page 13 of 13 Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to 586 exempt property owners from complying with existing city or county building and zoning codes. 587 (Ord. No. 10-06-65, § VI, 6-25-2010) 588 Sec. 64-2457. - Penalty provisions. 589 A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each 590 day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, 591 and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on 592 those persons or entities found to have violated this article: 593 (a) 594 The same penalties as set forth in the zoning chapter of the City for all violations of 595 requirements set forth in the said zoning chapter; or 596 (b) 597 The penalties set forth in Section 1-5 of the Code of Ordinances of the City for non-zoning 598 violations. 599 (c) 600 Restrictions on future development. If a historic property is demolished o r relocated 601 without a certificate of appropriateness, or in the event the plans are changed for the 602 property from which the resource was removed without approval of the changed plans by 603 the HPC, then the following restrictions, in addition to any other penalties or remedies set 604 forth in this article, shall be applicable to the site where the structure or property was 605 formerly located: 606 607 1) 608 No building or other permits will be issued for construction on the site, with the 609 exception of a permit to restore such structure or property after obtaining a 610 certificate of appropriateness, for a period of five years after the date of such 611 demolition or removal. 612 2) 613 No permits shall be issued by the City for any curb cuts on the site for a period of 614 five years from and after the date of such demolition or removal. 615 3) 616 No parking lot for vehicles shall be operated whether for remuneration or not on 617 the site for a period of five years from and after the date of such demolition and 618 removal. 619 4) 620 The owner of the site shall maintain the site in a clean and orderly state and shall 621 properly maintain all existing trees and landscaping on the site. When these 622 restrictions become applicable to a particular site, the building official shall cause 623 to be filed a verified notice thereof in the Real Property Records of Fulton County 624 and such restrictions shall then be binding on future owners of the property. 625 (d) 626 Civil action. As an additional remedy in addition to the penalties stated above, the City 627 may take all necessary civil action to enforce the provisions hereof and may seek 628 appropriate legal or equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010) 629 630 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ12-03 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE XVIII, OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE HISTORIC PRESERVATION COMMISSION ORDINANCE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 23rd at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article XVIII, to amend various portions of this article including definitions, creation of the Historic Preservation Commission, and appeals section 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 23rd day of April, 2012 _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: April 13, 2012 for Submission onto the April 23, 2012 City Council Meeting Agenda Item: Resolution requesting adoption of the Hwy 9/ GA 400 Area Master Plan Livable Centers Initiative Study (LCI). CMO (City Manager’s Office) Recommendation: To approve the resolution to adopt of the Hwy 9/ GA 400 Area Master Plan Livable Centers Initiative Study (LCI). Background: The City of Milton 2030 Comprehensive Plan identifies the Hwy 9 and Deerfield area as an area in need of a master plan that would guide future development. In December 2010, the city submitted an application to the Atlanta Regional Commission (ARC) requesting funding to conduct a master planning study of the Hwy 9 area. In February of 2011, the Atlanta Regional Commission awarded a Livable Centers Initiative (LCI) grant to the City of Milton to study and produce a master plan with the City of Alpharetta for the Hwy 9 and Deerfield area. After the professional consulting team, Urban Collage was chosen to conduct the study and produce the master plan, the planning process kicked off in August 2011. A core team of stakeholders were assembled to help inform the process. Four public workshops were conducted to gather public preferences, concerns and ideas. The draft document was presented to the Council and Planning Commission at a joint work session on March 12, 2012. The Plan was presented again at the Planning Commission meeting on March 27, 2012. A full draft document was released on April 3, 2012 and made available on the City’s website on April 5, 2012. A special Planning Commission meeting was held on April 10 to discuss comments on the draft document, and to provide a recommendation to the Council. At the April 10 meeting, the Planning Commission recommended approval of the Hwy 9/ GA 400 Area Master Plan Livable Centers Initiative Study (LCI) conditional on the incorporation of the changes discussed at said meeting. Discussion: As referenced in the 2030 Comprehensive Plan, the Hwy 9-Deerfield area is identified as a future development area and one needing a master plan. This LCI Plan accomplishes the goal of providing a detailed master plan for the area that incorporates future development directives and recommendations for implementation of improvement projects. Furthermore, at the completion and adoption of the LCI study, this area becomes eligible for additional funding assistance through the ARC capital improvement projects program that allows for the implementation of transportation projects identified within the study area. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Concurrent Review: Chris Lagerbloom, City Manager Attachments: Resolution to transmit the LCI application Announcement about award from ARC Approval of Professional Services with Urban Collage Public Workshop flyers Draft Highway 9/GA 400 Area Master Plan Livable Centers Initiative (LCI) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE HIGHWAY 9/GA 400 AREA MASTER PLAN LIVABLE CENTER INTITATIVE STUDY (LCI) BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on April 23, 2012 at 6:00 p.m. as follows: WHEREAS, the City of Milton 2030 Comprehensive Plan identified the Highway 9 to GA 400 area (the Deerfield Character Area) as a Future Development Area and a Priority Area for a Master Plan and, WHEREAS, on December 6, 2010, the City Council approved the submittal of a joint application with the City of Alpharetta to the Atlanta Regional Commission (ARC) requesting grant funding through the Livable Centers Initiative (LCI) planning study program to fund a Master Plan for this area, WHEREAS, the area extends from Bethany Bend in Milton along Highway 9 to Mayfield Road in Alpharetta and the areas east of Hwy 9 to GA 400 and, WHEREAS, in February of 2011, the City of Milton was selected by the Atlanta Regional Commission (ARC) as a recipient of $100,000 of LCI master planning funds, where the City provided a local match of $25,000 and, WHEREAS, in July of 2011 the consulting firm Urban Collage was selected as the lead consultant to provide professional services for the City of Milton FY11 Livable Centers Initiative (LCI) Hwy 9 – Hwy 400 Small Area Master Plan project, WHEREAS, in August 2011 the LCI planning process began with a series of stakeholder meetings, public workshops, core team meetings, meetings with ARC and staff and, presentations to City Council and Planning Commission, WHEREAS, this Plan provides the additional detail and specificity for the future development vision, market analysis, infrastructure improvement and implementation strategies that the Comprehensive Plan called for, WHEREAS, adoption of the Plan will amend the 2030 Comprehensive Plan and serve as the small area Master Plan for the Hwy 9/GA 400 (Deerfield Character Area). NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby adopt; 1. The Highway 9/GA 400 Area Master Plan Livable Centers Imitative (LCI) as an amendment to the City of Milton 2030 Comprehensive Plan. RESOLVED this 23rd day of April 2012. __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) 1 Michele Mcintosh-Ross From:Rob LeBeau [RLeBeau@atlantaregional.com] Sent:Wednesday, February 23, 2011 5:20 PM Subject:2011 LCI Awards Attachments:LCI 2011 Press Release.pdf All, We are pleased to announce the 2011 LCI study awards. This year, ARC awarded 14 studies to communities across the region, including to 7 cities, 3 counties, and 4 CIDs. The total amount of the LCI awards this year (including local match) is over $1.2 million. The 2011 awards include 2 new LCI study areas and 12 supplemental studies, summarized below: New LCI Studies Sponsor Study Funding City of Milton Highway 9 Activity Center $100,000 Cobb County Six Flags Activity Center $100,000 Supplemental Studies Sponsor Study Funding City of College Park College Park Transit Oriented Development Plan $50,000 City of East Point Main Street Transit Oriented Development Plan $40,000 City of Hapeville Trails and Bicycle Feasibility Study $15,000 City of McDonough Town Square Connectivity and Implementation Plan $50,000 City of Sandy Springs 10 Year LCI Update $50,000 City of Stockbridge 10 Year LCI Update $50,000 DeKalb County Kensington Transit Oriented Development Plan $33,500 Gwinnett Place CID 10 Year LCI Update $50,000 Gwinnett Village CID Signage and Wayfinding Master Plan $20,000 Henry County I-75 Parallel Connector Feasibility Study $50,000 Midtown Alliance Greenprint Midtown $20,000 Perimeter CIDs Commuter Bike-Pedestrian System Feasibility Study $50,000 Let me know if you have any questions. Rob 2 Robert LeBeau, AICP Senior Principal Planner, Land Use Division Atlanta Regional Commission 40 Courtland Street Atlanta, GA 30303 404.463.3308 (ph) 404.463.3254 (fax) Visit ARC's website at: www.atlantaregional.com Check out ARC's Land Matters Blog! http://landmatters.wordpress.com/ CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use or disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender immediately and destroy all copies of the original message. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Interim Community Development Director Date: August 25, 2011 for Submission onto the Sept. 7, 2011 City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Urban Collage, Inc. regarding the City of Milton FY11 Livable Centers Initiative (LCI) Hwy 9 – Hwy 400 Small Area Master Plan. CMO (City Manager’s Office) Recommendation: To approve a Professional Services Agreement between the City of Milton and Urban Collage, Inc. regarding the City of Milton FY11 Livable Centers Initiative (LCI) Hwy 9 – Hwy 400 Small Area Master Plan. Background: The City of Milton 2030 Comprehensive Plan identifies the Hwy 9 and Deerfield area as an area in need of a master plan that would guide future development. In December 2010, the city submitted an application to the Atlanta Regional Commission (ARC) requesting funding to conduct a master planning study of Hwy 9. In March of 2011, the Atlanta Regional Commission awarded a Livable Centers Initiative (LCI) grant to the City of Milton to study and produce a master plan for the Hwy 9 and included the Deerfield area to GA 400 area. Discussion: The Atlanta Regional Commission’s (ARC) Livable Centers Initiative (LCI) program requires that a professional consulting team conduct the study and produce the master plan. In May, 2011 the city issued a Request for Proposals (RFP) for consulting services, and in July, 2011 the consulting firm Urban Collage was selected to conduct the study. In order to proceed, it is required that the city approves the consulting services agreement between the City of Milton and Urban Collage, Inc. regarding the City of Milton FY11 Livable Centers Initiative (LCI) Hwy 9 – Hwy 400 Small Area Master Plan. Concurrent Review: Chris Lagerbloom, City Manager Legal Review: The legal review performed by Paul N. Higbee, Jr., Attorney at Law at Jarrard & Davis, LLP, and was completed on August 02, 2011. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 10-12-161 RESOLUTION REQUESTING THE TRANSMITTAL OF AN APPLICATION FOR FY 2011 LIVABLE CENTERS INITIATIVE (LCI) STUDY GRANT IN THE AMOUNT NOT TO EXCEED ONE HUNDRED, FIFTY THOUSAND DOLLARS ($150,000) IN ORDER TO CONDUCT AN LCI STUDY OF THE AREA ALONG HWY 9 TO THE ATLANTA REGIONAL COMMISSION (ARC) BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on December 6, 2010 at 6:00 p.m. as follows: WHEREAS, the Atlanta Regional Commission (ARC) provides funds to local governments to prepare special transportation/land use studies which are funded through the ARC’s Livable Centers Initiative (LCI) Program, and WHEREAS, the Community Development Department of the City of Milton is prepared to submit an LCI grant application to request project funds to study the area located along Hwy 9 from Bethany Bend in the City of Milton to Mayfield Road in the City of Alpharetta, and WHEREAS, the maximum funding available for corridor studies is One Hundred, Fifty Thousand Dollars ($150,000), the City is applying for One Hundred, Fifty Thousand Dollars ($150,000) to study four miles along Hwy 9 through Milton and Alpharetta, and WHEREAS, provided that the City receives the grant in the amount of One Hundred, Fifty Thousand Dollars ($150,000), the ARC requires local matching funds in the amount of Thirty Thousand Dollars ($30,000), and WHEREAS, the Community Development Department of the City of Milton has identified up to Thirty Thousand Dollars ($30,000) within the Community Development Budget for the cost of the required local matching funds. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Milton does hereby transmit the application for the FY 2011 Livable Centers Initiative Study grant for the area along Hwy 9 to the Atlanta Regional Commission for consideration. RESOLVED this 6th, day of December 2010. Approved: _____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie Gordon, City Clerk City of Milton / City of Alpharetta Hwy 9 to GA 400 Livable Centers Initiative (LCI) Fourth LCI Public Meeting & Presentation Wednesday March 7, 2012 6:00pm at Milton City Hall 13000 Deerfield Parkway Suite 107-E Council Chambers Milton, GA 30004 The LCI grant program (sponsored by the Atlanta Regional Commission) provides funds to cities to conduct small area studies to determine strategies that link transportation improvements with land-use development in a way that would help improve the livability and sustainability of the area. Furthermore, at the completion and adoption of the LCI study, LCI areas become eligible for additional money that allows for the implementation of transportation projects identified in the study. Atlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional Commission City of Milton / City of Alpharetta Hwy 9 to GA 400 Livable Centers Initiative (LCI) Third LCI Public Meeting & Presentation Wednesday February 15, 2012 6:00pm at Milton City Hall 13000 Deerfield Parkway Suite 107-E Council Chambers Milton, GA 30004 The LCI grant program (sponsored by the Atlanta Regional Commission) provides funds to cities to conduct small area studies to determine strategies that link transportation improvements with land-use development in a way that would help improve the livability and sustainability of the area. Furthermore, at the completion and adoption of the LCI study, LCI areas become eligible for additional money that allows for the implementation of transportation projects identified in the study. Atlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional Commission City of Milton / City of Alpharetta Hwy 9 to GA 400 Livable Centers Initiative (LCI) Second LCI Public Meeting & Presentation Thursday January 26, 2012 6:00pm at Milton City Hall 13000 Deerfield Parkway Suite 107-E Council Chambers Milton, GA 30004 The LCI grant program (sponsored by the Atlanta Regional Commission) provides funds to cities to conduct small area studies to determine strategies that link transportation improvements with land-use development in a way that would help improve the livability and sustainability of the area. Furthermore, at the completion and adoption of the LCI study, LCI areas become eligible for additional money that allows for the implementation of transportation projects identified in the study. Atlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional Commission City of Milton / City of Alpharetta Hwy 9 to GA 400 Livable Centers Initiative (LCI) LCI Public Kick-Off Meeting & Presentation Thursday October 27, 2011 6:00pm at Milton City Hall 13000 Deerfield Parkway Suite 107-E Council Chambers Milton, GA 30004 The LCI grant program (sponsored by the Atlanta Regional Commission) provides funds to cities to conduct small area studies to determine strategies that link transportation improvements with land-use development in a way that would help improve the livability and sustainability of the area. Furthermore, at the completion and adoption of the LCI study, LCI areas become eligible for additional money that allows for the implementation of transportation projects identified in the study. Atlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional CommissionAtlanta Regional Commission HIGHWAY 9 /GA 400 AREA MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY (LCI) DRAFT Prepared by Urban Collage, Inc. in association with Kimley-Horn and Associates, and RCLCo APRIL 2012 DRAFT ACKNOWLEDGEMENTS CITY OF MILTON Joe Lockwood, Mayor Karen Thurman, Council Member Matt Kunz, Council Member William C. “Bill” Lusk, P.E., Council Member Burt Hewitt, Council Member Joe Longoria, Council Member Lance Large, Council Member Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Michele McIntosh-Ross, Planner Sara Leaders, Transportation Engineer/Planner CORE TEAM MEMBERS George Ragsdale Mark Reed Diane Palmer Brenda Hemphill Rodney Reese Laurie Bruner Kathi Cook Diana Wheeler Richard Kramer Adam Orkin Terry Herr Gary Willis Ed Spurka Greg T. Floyd Jack Lindon Ann Hanlon Jerry Oberholtzer ATLANTA REGIONAL COMMISSION John Tuley, Principal Planner CITY OF ALPHARETTA David Belle Isle, Mayor Donald Mitchell , Council Member Mike Kennedy , Council Member Chris Owens , Council Member Jim Gilvin , Council Member Michael Cross , Council Member D. C. Aiken , Council Member PLANNING TEAM Urban Collage Bob Begle, Principal Eric Bosman, Associate Principal Dennis Madsen, Associate Gabriel Presley, Urban Designer Kimley-Horn and Associates Cristina Pastore, Transportation Planner James Fowler, Transportation Planner RCLCo Gregg Logan, Managing Director Lisa Dilts , Vice President DRAFT DRAFT TABLE OF CONTENTS Part 1: Inventory and Assessment 1.1 Study Area Context 1 1.2 Existing Conditions 9 1.3 Transportation Analysis 19 1.4 Market Study 31 Part 2: Concept Plan 2.1 Issues and Opportunities 39 2.2 Land Use Framework Plan 47 2.3 Transportation Framework Plan 85 2.4 Design Standards 97 2.5 Transfer of Development Rights 105 Part 3: Action Plan 3.1 5 Year Action Plan Introduction 109 3.2 Long-Term Public Improvement Recommendations 115 3.3 Implementation Tools 123 3.4 25 Year Projections 131 3.5 LCI Goals 135 Part 4: Appendix 4.1 LCI Goals ## 4.2 Public Participation Summary ## 4.3 Comprehensive Plan Exerpts ## 4.4 Complete Market report ## DRAFT DRAFT The Highway 9/GA 400 Area master plan is sponsored by the City of Milton, in partnership with the City of Alpharetta with funding support from the Atlanta Regional Commission’s (ARC) Livable Centers Initiative (LCI). The Livable Centers Initiative program encourages local jurisdictions to plan and implement strategies that link transportation improvements with land-use development decisions. The program has a history of investing in existing activity centers to improve coordinated decision making, provide quality of life enhancements and promote the wiser use of regional resources to accommodate future growth and investment. The completion and adoption of an LCI Plan allows sponsoring municipalities to become eligible for funding assistance through the program for capital improvement projects that advance the vision and goals of the plan. The goals of the Highway 9/GA 400 Area plan are to: • Clarify the vision and future market potential of the GA 400/Highway 9 Area • Provide additional detail to the City of Milton and City of Alpharetta comprehensive plans • Offer recommendations to improve local zoning regulations and incentives for appropriate future development/redevelopment • Prioritize public improvement projects, identify funding sources and move key projects toward implementation The Highway 9/GA 400 Area Plan details a vision for the future of the study area as determined by a thorough planning process including input from a Core Team of community leaders and community involvement during a series of public workshops. These workshops allowed residents to work with the Planning Team to craft their vision for the future of the area and to prioritize public investments that have the greatest potential to improve quality of life over the next 5 years. Community input led to the formation of a land use framework plan that identifies five key areas. These areas include: • A medium-scale, regional activity center envisioned as a walkable, office/multi-use center near GA 400 connected by a system of off-road bicycle and pedestrian trails, • A local-serving, commercial activity center near Highway 9 and Windward Parkway with an emphasis on enhanced walkability, architectural character and landscaping, • An extension of Downtown Alpharetta along Highway 9, providing opportunities for unique office and retail along the corridor, and • Two transitional areas that serve to buffer commercial and multi-use activity centers from surrounding single family neighborhoods. The LCI Plan report is divided into three sections; inventory and assessment, concept plan, and action plan. The inventory and assessment section focuses on the existing land use, transportation, and market conditions within the study area. The second section, the concept plan, focuses on the land use framework plan, priority transportation projects, design standards, and other elements which help detail the vision for the area. The final section, the action plan, outlines implementation strategies to guide the community through successful implementation of the plan’s key projects and elements. INTRODUCTION DRAFT STUDY AREA CONTEXT URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 1DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT STUDY AREA CONTEXT The Hwy 9/GA 400 LCI study area is located in southeastern Milton and northern Alpharetta, approximately 28 miles from Downtown Atlanta. The study area encompasses the land adjacent to Highway 9, Windward Parkway and McGinnis Ferry Road between GA 400 to the east, Hopewell Road and Cogburn Streets to the West, and Bethany Bend to the north. The southern boundary is much more ambiguous as it follows property lines along the southern edge of Hwy 9 and Windward Parkway. The study area is comprised of roughly 2,179 acres. The land is divided between the cities of Milton and Alpharetta. The City of Milton constitutes roughly 1,547 acres or 71% of the study area. The remaining 632 acres or 29% of the study area is constituted by the City of Alpharetta. The municipal division is not easily discernible on the ground because it does not influence land use or follow a natural feature. Rather, this division is a legislated line that weaves among properties and across roads in an unpredictable fashion. As a result, a portion of Milton is isolated along Hwy 9 URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 3DRAFT STUDY AREA CONTEXT MILTON ALPHARETTA towards the southern end of the study area. The study area serves as a regional and local activity center for the cities of Milton and Alpharetta by providing a mixture of commercial and office destinations for the surrounding population. However, the land uses within the LCI are distinctly broken into two separate sub- areas; Deerfield/Windward and Highway 9. These sub areas are identified by their land uses which give them an unique and identifiable character. Deerfield/Windward is composed primarily of larger, regional land uses such as office parks and hotels. This area is also in close proximity to GA 400 to serve commuters from outside of the area. Highway 9 is further away from GA 400 and is mostly small retail and commercial land uses that are surrounded by residential areas. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT The Deerfield / Windward area is located along GA 400 and extends westward on both sides of Windward Parkway towards Highway 9. This area also includes the land along Deerfield Road and McGinnis Ferry stretching east to GA 400. This area is defined by regional offices and hotels, and easy access to GA 400. Roadway, water, and sewer infrastructure has driven this area to become a regional and commuter-oriented center for workers from both inside and outside of Milton. Large office parks, multi-family housing, regional hotels, and national fast food chains have set this area apart from the rest of the study area. Deerfield/Windward includes large employment centers such as Hewlett Packard, Version Wireless, AT&T, and Audi of North America. This area is also identified by its wide boulevards, decorative fencing, and a strong use of shade trees along roads and within parking lots. There are almost no single family houses within the area. Instead, multi-family housing in the form of garden apartments and lake side townhouses balance the size of the larger office complexes and retail centers. DEERFIELD / WINDWARD AREA 9 400 9 C U M M IN G STR E E TCO GBURN RDDEERFIEDLD P K W Y W E B B R D M C G IN NIS FERRY RD W I N D W A R D P K W Y 5URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO Regional Dining Retail Center Hotel Large Office Park Townhomes Small Office Park Large Office Building Outparcel Retail National Retail Anchor National Fast Food Outparcel Deerfield Design Detail Windward Parkway DRAFT STUDY AREA CONTEXT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT The Hwy 9 Area is located along Hwy 9 in the western end of the study area. At one point this area is bisected by the Deerfield/Windward area near the intersection of Hwy 9 and Windward Parkway. Hwy 9 is a wide arterial road with a mixture of land uses that are within one to two- story buildings set back from the road. Much of the retail space throughout the corridor is newly built with large expanses of parking and pavement between the retail and Hwy 9. Although it is composed of primarily commercial uses, this character area includes some single family homes which sit adjacent to offices or retail centers. The southern end of the Hwy 9 character area is dotted with developments that while new, appear to have outpaced the market or are significantly vacant. Other areas of distress include older buildings which are remaining structures predating the last decade of development. HWY 9 AREA 9 400 9 C U M M IN G STR E E TCO GBURN RDDEERFIEDLD P K W Y W E B B R D M C G IN NIS FERRY RD W I N D W A R D P K W Y 7URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO Shopping Center Vacant Strip Mall Aging Housing Low Occupancy Strip Mall Typical Retail Center Typical Senior Housing Typical Single Family Housing Typical Single Family (Narrow Lot) Housing Unoccupied Office Development Typical Multi-family Garden Apartments Large Church/Civic Institution Typical Roadside Forest DRAFT STUDY AREA CONTEXT EXISTING CONDITIONS URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 9 Cogburn Park DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT DEVELOPMENT HISTORY The Hwy 9/GA 400 LCI area was once rural farmland and single family homes. The area experienced significant development over the last 20 years. The pace of development was aided by the arrival of GA 400, the expansion of other services and the area’s character and quality of life. The graphs on the following page detail the change in land use over one hundred years within the study area. Much of the development did not occur until the last twenty-two years when development was in full-swing. Notice the rapid growth between the years of 2000 and 2011. Much of this growth has occurred along the Hwy 9 corridor because of the limited room for growth along Windward Parkway. Highway 9 is still growing as is witnessed by a new service station at Bethany Bend and a new High School in that vicinity. However, the rapid growth of this area may be slowing as some of the newest retail and office spaces are without tenants. 11URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 1980-1989 1990-1999 2000-2005 2006-PRESENT DRAFT EXISTING CONDITIONS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT EXISTING LAND USE A review of the existing land uses within the study area allows the Planning Team to analyze development in the area as it currently exists. The following land use information was gathered by the Planning Team through a “windshield survey” in October of 2011. As mentioned in the previous sections, the LCI area is a mixture of various land uses that includes two uniquely identifiable areas; Windward/Deerfield and Hwy 9. These character areas serve as a way to examine the LCI area on a larger scale. Therefore, the report identifies a land use for each parcel within the LCI area. As illustrated on the diagrams to the right, the LCI area is primarily residential and commercial with 46% residential and 36% commercial. 7% of the remaining land use is taken by the new Cambridge High School, utilities, and Cogburn Park. The final 11% is either vacant buildings or undeveloped land. 13URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO SINGLE FAMILY 23% RETAI L 20% PARK/INSTITUTIONAL 7% MULTI-FAMILY 23% OFFICE AND HOSPITALITY 16% VACANT/UNDEVELOPED 11% DRAFT EXISTING CONDITIONS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT EXISTING ZONING The Highway 9 LCI study area is comprised of 15 different zoning categories. These districts are a combination of traditional and contemporary zoning techniques. Traditional zoning segregates land uses from one another and places them into categories such as single-family, multi- family, office and commercial. Contemporary zoning allows for more flexibility through a mixture of land uses. The zoning within the study area focuses traditional zoning like commercial around the highway 9 corridor and office at the Windward Parkway interchange. The eastern and northern end of the study is where some of the newer zoning categories are shown. Mixed- use (MIX) zoning is an attempt to attract a more traditional town center or mixed use building typology within the study area by allowing ground floor retail below apartments or townhomes. Community Unit Plan districts (CUP) zoning is geared toward “creative concepts in site planning” while moderating what and how specific retail can be integrated. Altogether, the existing zoning is somewhat consistent with the existing land use throughout the study area and is unlikely to suggest significant change C-1 COMMUNITY BUSINESS C-2 COMMUNITY BUSINESS CUP COMMUNITY UNIT PLAN AG-1 AGRICULTURAL A MED-DENSITY APARTMENT TR TOWNHOUSE RESIDENTIAL MIX MIXED-USE O-I OFFICE O-P OFFICE-PROFESSIONAL M-1 LIGHT INDUSTRIAL R-4A SINGLE FAMILY DWELLING R-5A SINGLE FAMILY DWELLING R-12 SINGLE FAMILY R-15 SINGLE FAMILY R-8A SINGLE FAMILY ATTACHED URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 15DRAFT The Future Land Use map above is based on the City of Milton 2030 Comprehensive Plan, and the City of Alpharetta’s 2030 Comprehensive Plan. These plans identify nine future land use categories for the Hwy 9 LCI study area. The map shows little to no change for the large amounts of retail along Hwy 9 south of Webb Road. It also does not change the existing office land uses along the eastern end of the study area near GA 400. However, the northern end of the study area from Webb Road north along Hwy 9 is reoriented toward mixed-use. This could occur through wholesale redevelopment or through strategic outparcel infill on some of the largest commercial developments. Much of the open, vacant, and currently undeveloped land is expected to redevelop into some type of building or development. The future land use plan for both cities does not identify a place for a park or other open space within the study area. That requires a more specific assessment, much like the Parks and Greenspace study currently being conducted by the City. FUTURE LAND USE RETAIL MIXED-USE INSTITUTIONAL LOW-DENSITY RESIDENTIAL RESIDENTIAL MULTI-FAMILY MEDIUM-DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL OFFICE PARK/OPEN SPACE EXISTING CONDITIONS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT The rapid development of the Hwy 9/GA 400 LCI study area left few pristine natural features. The most noticeable natural feature of the study area is the terrain. This is especially true for drivers on Highway 9 who sit high on a ridge above the rest of the study area. The Highway 9 ridgeline provides the intersection of Windward Parkway and Highway 9 with one of the best views in the study area. Scattered throughout the area are patches of forest/undeveloped land. While some of these might be ideal for development, much of the remaining forested land is challenged by underlying natural water features. These areas may therefore provide opportunities to incorporate usable public open space within the study area. NATURAL FEATURES URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 17 VACANT/UNDEVELOPED NATURAL FEATURES VACANT/UNDEVELOPED LAND AND NATURAL FEATURES OVERLAY DRAFT EXISTING CONDITIONS TRANSPORTATION ANALYSIS URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 19 Intersection of Windward Parkway and Deerfield Parkway DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT The Highway 9 subarea includes one Urban Freeway (SR 400), two Minor Arterials (SR 9 and McGinnis Ferry Road), three Collectors (Windward Parkway, Cogburn Road, Bethany Bend), and a number of local roads (Deerfield Parkway, Webb Road, and Morris Road) not including residential cul-de-sac streets. Despite having the lower functional classification of Collector, Windward Parkway carries over 30,000 vehicles a day, the highest number in the study area (excluding GA 400). SR 9 has the next highest roadway volumes in the area with approximately 25,000 vehicles a day. These two roadways have sidewalks for most of their duration through the study area and a small section of bike lanes along Windward Parkway but their relatively high speeds, high vehicular volumes, and limited crossing opportunities make them primarily vehicular- oriented roadways. ROADWAY NETWORK URBAN FREEWAY MINOR ARTERIAL COLLECTOR TRAFFIC SIGNAL AADT VALUE (VEHICLES PER DAY) !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( èéí èéíèéí èéí èéí èéí èéíèéí èéí 9,070 6,250 3,970 7,270 6,740 4,420 8,210 30,080 24,950 21,030 30,050 88,400 31,280 19,500 10,210 Roadway Network Urban Freeway Minor Arterial CollectorèéíTraffic Signal !(AADT Value (Vehicles per Day) LCI BOUNDARY URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 21DRAFT TRANSPORTATION ANALYSIS Sidewalk facilities alongside roadways within the core study area are generally suitable. Most segments along Windward Parkway, Deerfield Parkway, Morris Road, and Webb Road east of SR 9 have fair condition sidewalks on one or both sides of the road. Webb Road west of SR 9 and Cogburn Road have poor condition sidewalks (meaning in this case that many gaps exist) on only one side of the road and are therefore, the most in need of enhancement. While sidewalks exist throughout much of the study area, crossing opportunities for pedestrians are very limited, occurring only at signalized intersections. The relatively high vehicular volumes and speeds make crossing the roadways at unsignalized locations difficult and dangerous for pedestrians. EXISTING SIDEWALKS AND CROSSINGS BOTH SIDES, FAIR CONDITION BOTH SIDES, POOR CONDITION ONE SIDE, FAIR CONDITION ONE SIDE, POOR CONDITION HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT MARTA operates three bus routes that access the City of Milton: Route 140, Route 143, and Route 185. The latter two routes terminate at the Windward Park-n-Ride lot while the first services the lot in the middle of its route. All bus access occurs within the southeast side of the study area, with no access to the northwest portion of the LCI area. With the limited transit service, this also means that no paratransit service accesses the northwest portion of the subarea. MARTA Mobility operates within a three-quarter mile distance of any existing transit route; therefore, all of Cogburn Road along with segments of SR 9, Webb Road, and Deerfield Parkway currently have no transit service for the elderly or disabled. TRANSIT MARTA BUS STOP WINDWARD PARK AND RIDE LOT MARTA BUS ROUTES 140 143 185 URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 23DRAFT The Milton Trail Plan is in the process of being updated by the City. The previous plan does recommend a number of off-road and shared use trails within the LCI study area including one along SR 9, another through Alpharetta North Park, and two other segments that connect Bethany Bend to Cogburn Road and Webb Road through the park. Other long term segments include portions of Webb Road, northern Cogburn Road, and McGinnis Ferry Road/Bethany Bend. MILTON TRAIL PLAN TRANSPORTATION ANALYSIS ALPHARETTA PARK TRAIL BETHANY/COGBURN SECTION LONGER TERM SECTION STATE ROUTE SHARED USE TRAIL * TRAIL PLAN CURRENTLY BEING REVISED BY THE CITY OF MILTON HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT In December 2009, the City of Milton completed its first Comprehensive Transportation Plan (CTP) as a city. A number of corridor and intersection improvements are recommended as part of the study. Two corridor projects were recommended within the LCI study area including a widening of SR 9 and Morris Road from two to four lanes. The Morris Road widening is recommended from Webb Road to the north and only if McGinnis Ferry Road is widened from two lanes to four lanes with the construction of a new general purpose interchange. Potential new signals are proposed along Morris Road at Deerfield Parkway, Webb Road, and McGinnis Ferry Road; and Bethany Bend at Strickland. Other intersection improvements are proposed in four additional locations: • SR 9 at Webb Road – signage and speed enforcement • SR 9 at Keyingham Way – pedestrian improvements • SR 9 at Bethany Bend – addition/lengthening of turn lanes, widening of Bethany Bend at the intersection, and addition of pedestrian refuge islands • Cogburn at Bethany Bend – addition of turn lanes and left-turn arrows MILTON COMPREHENSIVE TRANSPORTATION PLAN POTENTIAL NEW SIGNAL OTHER LANEAGE/SIGNAGE IMPROVEMENTS IN PROGRESS CORRIDOR IMPROVEMENTS URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 25DRAFT Following the completion of the Milton CTP, the cities of North Fulton (Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs) joined efforts to develop a regionally-focused transportation plan for the northern part of the County. Corridor recommendations from the Milton CTP informed the NFCTP process, and the widening of SR 9 through the study area carried through to this plan as well. A widening of Windward Parkway from four lanes to six lanes east of Deerfield Parkway is also included in the recommendations. Transit bus routing suggestions were made as part of the North Fulton CTP which recommended a long-term vision of high capacity transit and managed lanes along the SR 400 corridor. Finally, bike and pedestrian recommendations include on- road enhancements along Deerfield Parkway and portions of SR 9 as well as a new connection from Milton to the Big Creek Greenway in Alpharetta along Webb Road, Morris Road, and McGinnis Ferry Road. NORTH FULTON COMPREHENSIVE TRANSPORTATION PLAN (NFCTP) TIER 1 PROJECTS BIG CREEK GREENWAY EXTENSION ROADWAY WIDENING OPERATIONAL IMPROVEMENTS TIER 2 PROJECTS BICYCLE ROUTE ENHANCEMENTS ROADWAY WIDENING TIER 3 PROJECTS BIG CREEK GREENWAY ENHANCEMENTS MULTI-COUNTY PROJECTS HIGH CAPACITY TRANSIT/MANAGED LANES LOCAL BUS/CIRCULATOR TRANSPORTATION ANALYSIS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT The recommendations from the North Fulton CTP were provided to the Atlanta Regional Commission for consideration in PLAN 2040, the Regional Transportation Plan. Inclusion in the regional plan, particularly inclusion in the short-term plan known as the Transportation Improvement Program (or TIP) increases the chances of a project being funded and constructed. Several projects from the NFCTP were included in PLAN 2040 within the LCI study area. Programmed improvements (meaning those in the short-term plan) include the widening of SR 9 from the south of the LCI boundary north to Windward Parkway and restriping of an additional southbound lane along SR 400 (not included in the NFCTP). Long Range projects include the widening of SR 9 north of Windward Parkway and the construction of Managed Lanes along SR 400. The final recommendation included in the Aspirations Plan (all projects that are unfunded in Plan 2040) is the proposed general purpose interchange at McGinnis Ferry Road (not included in the NFCTP). REGIONAL TRANSPORTATION PLAN - PLAN 2040 PROGRAMMED WIDENED FROM 2 TO 4 LANES RESTRIPE ADDITIONAL SOUTHBOUND LANE LONG RANGE ADD MANAGED LANES WIDEN FROM 2 TO 4 LANES URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 27DRAFT The Transportation Investment Act (TIA) includes a list of projects that would be funded by a one-cent sales tax strictly for transportation investments. While no projects within the study area are included in the TIA list, a number of recommendations are located just outside of the study area including widening of Arnold Mill Road and complementary operational improvements along Rucker Road and Houze Road. Also included are the widening of Old Milton Parkway from SR 400 to Kimball Bridge Road and the widening of Kimball Bridge Road from Old Milton Parkway to Jones Bridge Road. Finally, two intersection improvements are included along Old Milton Parkway at SR 400 and Morris Road. TRANSPORTATION INVESTMENT ACT OF 2010 ROADWAY WIDENING OPERATIONAL IMPROVEMENTS INTERSECTION IMPROVEMENTS TRANSPORTATION ANALYSIS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT CONSOLIDATED MILTON CTP/NFCTP/PLAN 2040 The diagrams above dissect the information which was previously presented in the transportation section by isolating the data in four categories. These categories include road and interchange, bike and pedestrian, transit, and intersection improvements. The information presented in this assessment was compiled from the Milton CTP, North Fulton CTP, and the Regional Transportation Plan - Plan 2040). Together, these Plans outline the proposed transportation projects for the LCI study area. The road and interchange diagram includes the proposed widening of Hwy 9, sections of McGinnis Ferry Road and Windward Parkway, and the proposed managed lanes along south-bound GA 400. It also identifies a new interchange at McGinnis Ferry Road. The intersections diagram includes new signals along Morris Road and improvements to existing intersections along Highway 9. The bicycle diagrams illustrate the extent of proposed bike infrastructure along highway 9 as well as the connection to the Big Creek Greenway along Webb and McGinnis Ferry Roads. Finally, the transit diagram refers to both local bus service along Windward Parkway and WIDENING MANAGED LANE PROPOSED INTERCHANGE NEW SIGNAL OTHER LOCAL BUS HIGH CAPACITY TRANSIT BICYCLE ROUTE ENHANCEMENTS ROAD/INTERCHANGE INTERSECTIONS BICYCLE TRANSIT 29URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT Long Term • Widening of SR 9 north of Windward Parkway • Managed lanes on GA 400 • High-capacity transit on GA 400 • Widening of Morris Road, widening and interchange at McGinnis Ferry Road • Widening of Windward Parkway • Remaining bicycle and pedestrian projects Short Term • Widening of SR 9 south of Windward Parkwa • Restriping of 4th southbound lane on GA 400 • Intersection improvements • Local bus/circulator improvements • Potentially some bicycle and pedestrian projects Highway 9 as well as proposed high capacity transit along GA 400 Additionally, the report separates the proposed transportation projects from the Milton CTP, NFCTP, and Plan 2040 into short-term and long- term project categories. Short term projects were estimated to be completed within the next 5 years while long-term projects are most likely to be finished within 20 years. It is important to note that some projects are segmented and will be completed in sections over a long period of time. For example, the widening of Highway 9 is divided into two phases. The section south of Windward Parkway is planned to be widened in the near future while the northern end of this study area will be completed sometime there after. TRANSPORTATION ANALYSIS MARKET STUDY URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 31 Abandoned Housing and Partially Empty Retail Space along Hwy 9 DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT MARKET ASSESSMENT National Outlook and Trends Figure 1.1 source: Census In order to put the Milton market analysis into context, RCLCO first assessed the national market outlook. The good news is that 2011 showed some positive signs of market recovery with moderate employment growth, increased consumer spending, and modest housing starts growth. Over the next year, we expect the US economy to continue to grow at a moderate pace. Access to credit for development will continue to improve, and there will be a continued slow recovery of the residential market, led by rental housing, while the for-sale market continues to lag behind. One of the biggest challenges for the economy in 2012 is weakness in European markets and the influence that has on US companies that export goods and services abroad. The fact that it is an election year also causes some economic uncertainty. Looking slightly further ahead, the forecasts for 2013 and 2014 suggest a much more stable economic environment, with an increase in both residential and commercial lending, stronger job growth and a more significant housing market recovery. While some of the impacts of the downturn were short lived, others may have a more lasting effect on consumer behaviors. For instance, the rate of home ownership, which spiked during the height of the market, has been on a downward trend, as shown in Figure 1.1. This has the effect of increasing the demand for rental housing, as a growing portion of households turn to renting. This in turn reduces the number of home buyers, leading to a slowed recovery of the for-sale housing market. URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 33DRAFT MARKET STUDY Figure 1.2 source: Census State and Federal housing policies, and consumer attitudes about investing in real estate will determine if home ownership rates will continue to decline towards historic norms (63% to 65%, as shown in Figure 1.1). It is entirely possible that the rate of home ownership will decline several more percentage points and sustain at those levels for the short and mid-term. The increasing trend towards rental housing has driven a national multifamily resurgence over the past year, as strong occupancies and increasing rent rates have justified new construction. Another factor likely to impact the kinds of housing that gets built in the future is the growth in households without children. This is shown in Figure 1.2. In terms of the market opportunity, and Milton in particular, which has typically served a family market, the implication of more child-less households is likely to prompt an increase in demand for alternatives to conventional large lot, single family homes, such as smaller lot detached homes and townhomes. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT Figure 1.4 Household Distribution source: ESRI Figure 1.3 30004 Zip Code Area source: ESRI Milton Overview The Study Area’s demographic characteristics influence future opportunities for new development. The following demographic analysis of Milton focuses on the area defined by the 30004 zip code. A map showing the zip code boundaries is shown in Figure 1.3. As of 2010, the most current census projections, there were approximately 12,000 households in Milton and a total of 33,000 people, equating to an average household size of 2.8 people. The median age of households in Milton is 37, with the largest portion falling between 35 and 54. Not surprisingly, the distribution of household ages in Milton are similar to neighboring Alpharetta in terms of a concentration of households 35 to 54, however, Alpharetta has a greater portion of households ages 25 to 34. A summary of household distribution is shown in Figure 1.4. Over the next three to four years, Milton is anticipated to see the greatest growth in households headed by persons aged 65 to 74, URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 35DRAFT Figure 1.5 Household Heads source: ESRI Figure 1.6 Renter and Owner Occupied household percentages source: Census MARKET STUDY which is primarily the result of many households aging in place. Substantial growth among households headed by persons under age 25 is also anticipated. It is also important to note that the overall rate of growth is higher in Milton, across all age ranges than the City of Alpharetta, the City of Roswell, and the Atlanta MSA . This is shown in Figure 1.5. Within Milton, the composition of owner and renter households is very different. Over 85% of owner households have 2 or more people, while 65% of renter households are comprised of just one or two persons. Demographic trends suggest that the demand for rental housing to accommodate the expanding base of smaller households in Milton will continue to grow. The distribution of household sizes by renters and owners is shown in Figure 1.6. Incomes in Milton are higher than the surrounding cities and the Atlanta MSA, with a greater distribution of households earning $100,000 or more annually. The distribution of incomes is shown in Figure 1.7. While the incomes in Milton indicate a generally high wage community, it’s important to note that over 95% of Milton residents work outside the city. The employment located in Milton is most heavily concentrated in services and retail trade. Relative to the surrounding cities and the MSA, the percent of employment in Finance, Insurance, and Real Estate employment is lower in Milton. This type of employment is typically higher-wage, office oriented employment. A distribution of employment by sector is shown in Figure 1.8. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY INVENTORY AND ASSESSMENT DRAFT Figure 1.7 Distribution of Income source: ESRI Incomes in Milton are higher than the surrounding cities and the Atlanta MSA, with a greater distribution of households earning $100,000 or more annually. The distribution of incomes is shown in Figure 1.7. Although Milton has a limited amount of office, it is located within the North Fulton office submarket which has the third largest amount of space and the lowest vacancy, indicating strength in this sector and a potential opportunity for Milton. Development Opportunities RCLCO performed a preliminary “development opportunity assessment” of the LCI area, by comparing Milton to national trends, examining local demographics, and conducting conversations with stakeholders and business owners in the LCI. Overall, Milton is an established and desirable location known for strong schools and a family environment, with healthy population growth rates forecast for the future. While there is some commercial development in place, the area is predominantly residential. It is important to note that relative to surrounding communities, Milton’s ratio of commercial to residential property is lower, which could have an impact on property tax revenues. The demographic analyses conducted for this study indicated continued demand for residential product. In particular, the aging household base suggests an opportunity for additional senior housing. In addition, there appears to be more opportunity for office and retail development to support Milton and other area populations. The area lacks a “multi-use” core, which recent surveys indicate is the most desirable type of suburban community in America today . There is a strong opportunity to create a commercial “town center” scaled environment (as opposed to the municipal-anchor town center concept currently being discussed for the Crabapple area), similar to what communities such as Suwanee and Smyrna have created. 37URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT Figure 1.8: Employment by Sector source: ESRI MARKET STUDY One of the factors that’s driven the growth of office space in other communities is the presence of executive households. These are the decision- makers that decide where to locate their offices. Given the strong base of executive households in Milton, and the strong performance in the overall North Fulton office market, it would appear that there is an opportunity to provide additional office space. In particular, there appears to be an opportunity for greater segmentation of office formats, not simply focusing on large institutional properties but including smaller professional service employment in mixed-use formats, which have been popular in town center locations. Retail is strong along Windward Parkway in anchored shopping centers, however, non- anchored strip retail in mid-block locations have some vacancies. This may improve as the economy overall improves, but in general non-anchored strip retail may be oversupplied. Although Milton has the ingredients to support mixed-use development, it will be a challenge to find the land to support additional development in the LCI. Some of the tracts that present the greatest opportunity for re-development are also those that house some of the newest developments (Hwy 9 south of Windward), so their near-term re-use may not be feasible. The Deerfield area is ripe for regional office and supportive mixed-use development, but faces competition from adjacent communities that are chasing a similar sector. ISSUES AND OPPORTUNITIES URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 39DRAFT Undeveloped Outparcel Near Deerfield Parkway HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY SUSCEPTABILITY TO CHANGE 0 1/8 1/4 1/2 MILE NORTHMilton Highway 9 LCI Plan Urban Collage, Inc. Kimley-Horn and Associates, Inc. RCLCo JANUARY 2012 9 9 WINDWARD BUSINESS CENTER WINDWARD BUSINESS CENTER WINDWARD PARK DEERFIELD BUSINESS PARK WALMART HEWLETT PACKARDALPHARETTA HIGHWAYM C G I NNIS FE R R Y R O A D W I N D W A R D P A R K W A Y NORTH POINT PARKWAYCOGBURN ROADW E B B R O A D M O RRIS ROADDEERFIELD PA R K W A Y WESTSIDE PA R KWAYC U M M IN G S T R E E T M A Y FIE L D R O AD GA 400GA 400City of AlpharettaCity of Al p h ar ett a City of MiltonCity of Milt o n City of Alpharetta City of Milton BETHANY BEND HIGH SCHOOL COGBURN ROADFORSYTH COUNTYFULTON COUNTYHIGH SUSCEPTIBILITY LOW SUSCEPTIBILITY ACTIVE REDEVELOPMENT CITY BOUNDARY COUNTY BOUNDARY LCI BOUNDARY LEGEND CONCEPT PLAN DRAFT Informed by the baseline information collected during The Inventory and Assessment Phase, a Concept Plan was generated. This part of the planning effort was geared toward developing a framework for redevelopment and growth within the Study Area. As a first step, the Planning Team reviewed information from the Inventory and Assessment to discern which parcels in the study area were most likely to change in the near future. Each parcel was assigned one of four categories: Not Likely to Change, Active Redevelopment, Low Susceptibility, and High Susceptibility to Change. The first category was given to parcels that were recently developed or were residential. Parcels that were being developed athte time of the Study were designated as Active Redevelopment. The remaining categories of Low and High Susceptibility were more subjective because they were influenced by multiple factors: land uses that are more susceptible to change or have short life-cycles; the age or quality of the development; and vacancy. Properties that were designated Low Susceptibility were generally older retail structures that would reach the end of their typical life cycle within the next few years. Highly Susceptible properties are generally vacant and undeveloped or might soon see reinvestment due to available land or significant underutilization. SUSCEPTIBILITY TO CHANGE 41URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO ACTIVE REDEVELOPMENT HIGHLY SUSCEPTIBLE TO CHANGE LOW SUSCEPTIBILITY TO CHANGE DRAFT ISSUES AND OPPORTUNITIES HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT The Planning Team developed a community preference survey as one of several input mechanisms to help guide the vision for the future of the study area. The survey was first administered during the October 27th public workshop, and later advertised through a series of e-mails and flyers and administered online. The Compass survey consisted of two parts: Images and Questions. The images were divided into three categories based on geography and typology. These included the Windward/Deerfield area, the Highway 9 Corridor, and Open Space. Each image was ranked by respondents based on its appropriateness for the future of the area. The images presented during the survey were selected by the Planning Team and reviewed by core- team members to offer a collection of images that were “reality based” and viable for the study area. Rather than a broad spectrum of images, many of the visuals differed from each other in subtle ways. This helped refine the previously- expressed preferences for the area. The second section of the survey consisted of a series of short answer and multiple choice questions. The topics of these questions addressed design, retail, open space, transportation, policy and other community preference topics. The online survey was first published in late November and was available through early January, which resulted in almost 500 completed surveys. Though not scientific in application, the survey respondents still represented a cross section of the population in and around the study area and generally aligned with the area’s overall demographics. Over forty percent of the respondents had lived in the area for 10 to 20 years, and over eighty percent were between 35- 63 years of age. Additionally, the residence or employment of the respondents closely mirrored the study area’s division of land between the two cities with 34% of the responses from Alpharetta, and 64% of the responses from within the City of Milton. The image results indicated community preferences toward: • Medium scale, multiple-use environments within the Windward/Deerfield and Highway 9 areas. • A desire for more intense development closer to GA 400 and lower intensity growth along Highway 9 and further from GA 400. • Heavy landscaping of existing and new developments. • An emphasis on traditional architecture styles and brick and stone materials. • Enhanced walkability and improved pedestrian environments. • Emphasis on creating new, passive recreational opportunities rather than more active recreational opportunities. • Opportunities for bicycling. The written survey responses indicated community preferences toward: • A strong desire to enhance the Highway 9 corridor with greater landscaping and architectural features. • A mix of regional uses in the Windward/ Deerfield area. • A mix of local uses in the Hwy 9 area. • A preference towards multi-use trails and heavy landscaped areas as primary open space amenities. • Preferences toward young professionals and empty nesters as target demographics for any future residential development. • Preferences for off-street bicycle lanes over on- street paths where possible. • Strong preferences to improve walkability and pedestrian facilities within the activity center. • Identification of high quality redevelopment and open space creation as key priorities for area improvement. COMPASS SURVEY 43URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT ISSUES AND OPPORTUNITIES Windward/Deerfield Highway 9 Corridor Open Space *Each image was ranked from a scale of 1 (lowest) to 5 (highest), based off of appropriateness for the area 4.1 3.7 4.4 4.0 3.5 4.3 3.9 3.5 4.3 3.4 3.2 3.9 HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT ISSUES AND OPPORTUNITIES IDENTIFICATION The planning team supplemented the Compass survey with a series of community exercises during the first two public meetings. These exercises enabled community members to help determine and affirm area issues and opportunities. One exercise provided residents with an opportunity to identify community assets that should remain unchanged and community opportunity areas where improvements or redevelopment might be most needed. This “dot” exercise provided each participant with a combination of red and green stickers. Red stickers signified areas or assets that should not change, while green dots signified areas where participants would most like to see improvement. The dot exercise resulted in the identification of several key community desires: • Maintain or preserve open space/wooded areas where possible • Maintain key community assets including grocery stores and restaurants • Improve several of the areas key intersections including Hwy 9 at Bethany Bend, Cogburn at Bethany Bend and Deerfield at Morris “Dot” Exercise from public workshop #1 45URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT ISSUES AND OPPORTUNITIES Planning Exercises from public workshop #2 specifying compass survey results • Consider opportunities to improve outparcels and vacant/underutilized retail strip centers Subsequent community exercises focused on building upon earlier directions. These used a variety of tools, including photographs, markers, and building blocks, to help community members flesh out the desired future character of the study area, future development types that would be desirable, and key infrastructure and quality of life enhancements. Community participants identified desires to: • Further define sub-areas within the LCI Area including a regional center near GA 400, a local activity center along Hwy 9, a transition area to protect nearby residential areas, and the opportunity to build upon the momentum of the plans for Downtown Alpharetta. • Add emphasis on the need for transportation solutions at key intersections • Add emphasis on off-road trails and opportunities to create them within development buffers including a connection to the Big Creek Greenway • Locate higher intensity development near GA 400. LAND USE FRAMEWORK PLAN URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 47DRAFT Detail of Land Use Framework Plan Preliminary Sketch HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT LAND USE FRAMEWORK PLAN The Planning Team worked with City Staff, the Core Team, and the public via a Compass survey and a series of public workshops to develop a Land Use Framework Plan to guide future policy and development. The Land Use Framework Plan outlines five key districts within the LCI study area. Each of these sub-areas includes recommended development and redevelopment attributes, based on a combination of market opportunities, physical constraints, community vision and civic need. These sub-areas were intended to define the vision and outline recommended policies for future development and redevelopment within each distinct district. The five sub-areas also strengthen existing development by building upon the area’s existing character. For example, regional office facilities within the area are complemented with additional office development and supplemented by other complementary uses in a more walkable, connected pattern to build synergy and economic value in an area where local infrastructure can best support it. 49URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN REGIONAL ACTIVITY CENTER LOCAL ACTIVITY CENTER MCGINNIS FERRY TRANSITIONAL AREA TRANSITIONAL AREA NORTH MAIN STREET ALPHARETTA HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT REGIONAL ACTIVITY CENTER Regional Activity Center Context The Regional Activity center is bounded by GA 400 to the east, Webb Road to the north, and the properties adjacent to Deerfield Parkway and Windward Parkway to the west and south. This area currently consists of larger, multi-story office campuses that support regional employers and are surrounded by surface parking. Interspersed among the office campuses are several smaller commercial buildings and one attached residential development. The Regional Activity Center has the best potential to support high-value development within the next 20 years. With several significant development sites, excellent proximity to Windward Parkway and GA 400, and limited potential to adversely impact the area’s stable residential neighborhoods, this sub-area should be the primary target for higher intensity development. Community input consistently showed a desire for medium-scale (multi-story) future development in the area with greater connectivity and walkability. City policy and future investments in the Regional Activity Center should : • Be medium scale (multi-story development/ redevelopment) • Offer a mix of uses including regional office, 51URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN Highly Ranked Compass Survey Image Highly Ranked Compass Survey Image Workshop #3 “Building Block” Exercise Workshop #3 “Building Block” Exercise retail within a multi-use environment, and residential (likely attached or stacked products) • Encourage a more compact and connected development pattern • Connect adjacent residential, particularly new residential development, to commercial areas where appropriate • Require significant landscaping and green space as a component of development/ redevelopment. The following pages illustrate the vision for the future of this area. The illustrations depict improved pedestrian connectivity within the area, new street connections, enhanced utilization of excess parking lots, dedicated trail systems, and a gradual “stepping down” in building heights as they move from GA 400 to other community areas. While parts of the sub-area are undeveloped today, it should be recognized that with the exception of one parcel, all properties have current zoning that allows commercial (mostly office) development. Within the study area, the tallest building today is the 6-story Hampton Inn hotel. Adjacent to the study area is the 8-story Windward Marriott and other properties that have current rights to build up to 12-16 stories in height. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT REGIONAL ACTIVITY CENTER VERIZON WIRELESS OFFICE CAMPUS UNDEVELOPED PARCEL: Zoned O-I and C-1 UNDEVELOPED PARCEL: Zoned O-I and C-1 GA 400FRY’S ELECTRONICS NEW CONNECTION MULTI-USE TRAIL THROUGH GREEN SPACEOFFICE/RETAIL GREEN SPACEPOTENTIAL RESIDENTIAL OFFICE DEVELOPMENT WITH TALLER BUILDINGS NEAR GA 400 BUILDINGS FRAME NEW STREET * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals 1: Existing Conditions 2: Vacant Parcel development 53URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN OUTPARCEL INFILL TERMINATE AXIS WITH NEW BUILDING/ IMPROVED INTERSECTION LIMITED SETBACKS FOR NEW BUILDINGS PARKING GARAGES PRESERVE STREAM BUFFERS CREATE TRAIL CONNECTIONS WITHIN EXISTING GREEN SPACE * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals 3: Outparcel Development and Infill 4: Trail Connections in Development Buffer HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT REGIONAL ACTIVITY CENTER * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 55DRAFT LAND USE FRAMEWORK PLAN BEFORE: Intersection of Morris Road and Old Morris road looking north AFTER: Intersection of Morris Road and Old Morris road looking north * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT REGIONAL ACTIVITY CENTER LAKE DEERFIELD VERIZON WIRELESS OFFICE PARKMARRIOTT HOTEL FRY’S ELECTRONICS URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 57DRAFT LAND USE FRAMEWORK PLAN Illustrative Aerial Perspective of the Regional Activity Center Looking South * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals GA 400 DEERFIELD PARKWAY WAL-MART HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT MCGINNIS FERRY TRANSITIONAL AREA McGinnis Ferry Transitional Area Context The McGinnis Ferry transitional area is bounded by Morris Road to the south, GA 400 to the east, residential areas to the north, and the properties adjacent to Deerfield Parkway to the west. This area is almost exclusively residential with a mixture of multi-family apartments and attached townhomes. A few parcels within this area are undeveloped. Several of these vacant parcels are constrained by topography that makes future development more of a challenge. Under current circumstances, this sub-area is unlikely to see significant development pressure. However, potential for a new interchange at GA 400 and McGinnis Ferry and the southern extension of Westside Parkway may significantly impact this area. Subject to development/redevelopment pressure, this area should serve as a transition between higher intensity uses near GA 400 and the single family residential areas just north of the LCI area. City policy and future investments in the McGinnis Ferry Transitional Area should: • Be medium scale near GA400 and low scale near single family residential neighborhoods • Include mix of residential (likely attached and senior housing) and office uses with limited 59URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN Highly Ranked Compass Survey Image Highly Ranked Compass Survey Image Diagram illustrates future land uses and buffers to single family residential areas retail • Encourage a more connected, walkable development pattern • Maintain appropriate buffers to residential neighborhoods • Conserve significant portions of undeveloped land where possible to maintain and create community open space. The biggest variable in this area is the potential new interchange at McGinnis Ferry and GA 400. This interchange would dramatically alter the land use dynamic of the McGinnis Ferry transitional area. Activity and planning initiatives in neighboring Forsyth County call for much of the undeveloped land to be transformed into a major commercial center which would drive development south into the Regional Activity Center. The Planning Team recommends that if the interchange moves toward reality, the City of Milton may wish to update this particular sub-area to respond to anticipated development pressure. Land between McGinnis Ferry and GA 400 my become TDR receiving areas at that time. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT MCGINNIS FERRY TRANSITIONAL AREA (141 (20 (9 (9 (369 (371 (306 (20 (369 (53(400 (400 MattCommunityDucktownCommunityDrewCommunityHeardsvilleCommunityFriendshipCommunity Midway Community Haw Creek Community Brookwood Community Sharon Community Shakerag Community Silver CityCommunityFrogtownCommunity ChestateeCommunity Dav e's Creek Community Coal MountainCommunityHammond's CrossingCommunity Future Development Map Draft City of Cumming Lake Sidney Lanier Development Corridor Neighborhood Center Town Center Regional Center Employment Center Major Highway Corridor Business and Retail Parkway Corridor McFarland-Stoney Point LCI Heavy Industrial Lakeside Residential River Residential Estate Residential Suburban Living Suburban Attached Living Village Living Transitional Corridor Recreation Area Conservation Area Thoroughfare Community Node (141 (20 (9 (9 (369 (371 (306 (20 (369 (53(400 (400 MattCommunity Ducktown Community Drew Community HeardsvilleCommunity Friendship Community Midway Community Haw Creek Community Brookwood Community Sharon Community Shakerag Community Silver CityCommunityFrogtownCommunity ChestateeCommunity Dave's Creek Community Coal MountainCommunityHammond's CrossingCommunity Future Development Map Draft City of Cumming Lake Sidney Lanier Development Corridor Neighborhood Center Town Center Regional Center Employment Center Major Highway Corridor Business and Retail Parkway Corridor McFarland-Stoney Point LCI Heavy Industrial Lakeside Residential River Residential Estate Residential Suburban Living Suburban Attached Living Village Living Transitional Corridor Recreation Area Conservation Area Thoroughfare Community Node Forsyth County Future Development Map 61URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT LOCAL ACTIVITY CENTER Local Activity Center Context The local activity center includes a collection of retail centers adjacent to Highway 9 from just north of Cogburn Road to Keyingham Road. This area is currently home to many of the “big box” retail stores, strip centers, and outparcel developments in the LCI study area. The land use in this area is predominantly retail, but some multifamily/senior residential neighborhoods and smaller rehabilitated houses now serving as office buildings line the corridor. Highway 9 generally lacks a consistent character, and aesthetic cohesion. Typical of corridor development over the last several decades, many of the buildings are pushed far from the road with expanses of asphalt pavement between the roadway and activity areas. While several parking areas have some measure of landscaping, enhancements could significantly improve the character and environment of the corridor. The pedestrian environment is limited, lacking adequate lighting, shade trees and appropriate buffers between faster paced traffic and sidewalk areas. 63URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN Highly Ranked Compass Survey Image Highly Ranked Compass Survey Image Public input during the planning process included strong desires to improve the appearance and connectivity of this area while refining the area’s character and high quality of life. One should be mindful that while most development in the area is relatively new, retail centers are often built with a 12-15 year lifespan. Future investment will be necessary to maintain or redevelopment portions of these centers to remain competitive and hold their value. As those investments occur, local municipalities will have an opportunity to improve the character of the area by instituting architectural standards, landscape standards, and enhanced site design standards. If devised with some flexibility for redevelopment and cognizant of market needs, these standards can build value and create a greater sense of place compared to traditional, prototypical development forms. City policy and future investments in the Local Activity Center should: • Be low to medium scale • Include a mix of local serving retail and office with limited residential, focusing on the types referenced in the market section (senior housing and young professionals) • Encourage a more walkable development pattern • Limit setbacks from Hwy 9 where practical • Require significant parking lot landscaping and public open space as part of future development and redevelopment • Encourage inter-parcel connectivity and limit curb cuts to major roadways The City of Milton’s Highway 9 Design Guidelines, adopted in 2011,set the stage for many of the desired improvements to the corridor. Additional architectural, landscape, and zoning enhancements that may be layered upon the existing guidelines are included in the action plan of this report. The City of Alpharetta may use these to inform guidelines for the Alpharetta section of Highway 9 as well, but may also choose to vary the urban design and fencing standards to be more in keeping with the evolving investments and character in Downtown Alpharetta. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT LOCAL ACTIVITY CENTER CHAPTER 3DESIGN GUIDELINES 15 Sidewalk Curb + GutterTurn Lane 8’ 2.5’ 12’ Landscape Strip 10’ Curb + Gutter2.5’ Travel Lane 12’ Travel Lane 12’ Landscape Strip 10’ Sidewalk 8’ Median/Turn Lane varies 3C : S.R. 9 STREETSCAPE IN NON-COMMERCIAL AREASThe desired right-of-way through non-commerical areas along State Route 9 includes a 10’ wide landscape strip between the back of curb and 8’ wide sidewalk. Trees and lights are to be placed at 7.5’ behind the curb and 60’ apart within this landscape strip. Lights are to be alternated between pedestrian and street light (see section 3H). These guidelines are illustrated in the diagrams below and are contingent upon the speed limit along S.R.9 being re-designated as 35 MPH. PLEASE NOTE: Travel lane configurations shown above illustrate typical conditions only. Actual configurations are determined by DOT requirements and are subject to change based on future DOT plans. Preferred streetscape along Highway 9 with a speed limit equal to, or lower than 35 MPH *Images taken from the Milton Highway 9 Design Guidelines 65URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT CHAPTER 3DESIGN GUIDELINES 16 Median/Turn Lane varies Planting Area Curb + GutterTurn Lane 8’ 2.5’ 12’Curb + Gutter2.5’ Travel Lane 12’ Travel Lane 12’ Sidewalk Landscape Strip3-4’ Planting Area 8’ Sidewalk Landscape Strip3-4’ 3C : S.R. 9 STREETSCAPE IN NON-COMMERCIAL AREAS(Alternate Scenario)In the case that the S.R.9 corridor cannot be re-designated as 35 MPH, vertical elements such as lights and trees will be required to be set back at least 14’ from the curb. As shown in the diagram below, this alternate streetscape scenario within non-commercial areas includes a 3-4’ landscape strip behind the curb with an 8’ sidewalk behind the landscape strip. All lights and trees would be placed behind the sidewalk at 60’ spacing. Lights are to be alternated between pedestrian and street light (see section 3H). PLEASE NOTE: Travel lane configurations shown above illustrate typical conditions only. Actual configurations are determined by DOT requirements and are subject to change based on future DOT plans. LAND USE FRAMEWORK PLAN Preferred streetscape along Highway 9 with a speed limit over 35 MPH *Images taken from the Milton Highway 9 Design Guidelines HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT LOCAL ACTIVITY CENTER *Images taken from the Milton Highway 9 Design Guildlines FENCING MATERIALS AND SPECIFICATIONS Along public streets, fencing materials should be primarily dark stained wood and could include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Unpainted pressure treated wood is prohibited. Fences adjacent to a public streets shall not exceed 55 inches in height measured from finished grade and are recommended to be of uniform design, materials and construction throughout a development. Chain link fencing may be used along golf courses, play fields, and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Chain link fencing is not allowed if it can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. Chain link fencing may be required around detention/ retention facilities. PREFERRED FENCING STYLES The equestrian and rural character of Milton is important to its identity as a city. New development and redevelopment in the State Route 9 Overlay District should provide fencing in keeping with one of the preferred styles pictured here. four-board cross-board three-board *Urban Design and fencing standards are for the City of Milton. The City of Alpharetta may consider standards that vary slightly, which complement and build upon their investments in Downtown Alpharetta. 67URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN *Images taken from the Milton Highway 9 Design Guidelines The bench, trash receptacle and pedestrian street light which are required for future streetscape improvements along State Route 9 are shown in the photos and descriptions below. As show in above photo, the specified S.R.9 streetscape bench is the Victor Stanley Classic Series CR-138 in black (with no center arm rest). The specified trash receptacle is the Victor Stanley SD-35 (side-opening) in black. S.R.9 Lighting Specifications: Lumec Domus Series * Landscape standards should be consistent among the two cities to build consistency along the corridor HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT TRANSITION AREAS Transition Areas Context The Transition Sub-Area is divided into a northern and a southern section. The northern section includes all of the remaining study area north of Keyingham Road including the intersection of Highway 9 and Bethany Bend and the new Cambridge High School. The southern section stretches from just north of Cogburn Road to Canton Street. While the two sections are separated they share similar land use compositions that mix retail, office, and residential uses. These areas serve as a transition between the highly commercial oriented activity centers and area neighborhoods, multifamily residential and senior developments surrounding the LCI study area. Significant segments of retail development within the sub-area, particularly in the southern section, are under-performing and lack character consistent with the community’s desires. Sections of Highway 9 are also dangerous for both vehicles and pedestrians. Community members voiced strong desires to improve architectural and landscape standards along the corridor, particularly limiting the impacts of large parking lots along Highway 9. 69URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN Highly Ranked Compass Survey Image Highly Ranked Compass Survey Image Workshop #3 “Building Block” Exercise Workshop #3 “Building Block” Exercise City policy and future investments in transition areas should: • Promote low scale (generally 1-2 story) development • Encourage primarily residential uses with limited neighborhood serving retail/office • Maintain appropriate buffers between commercial development and adjacent neighborhoods • Encourage linear sidewalks/paths along Highway 9 and other major roadways • Limit setbacks for future development/ redevelopment from Highway 9 • Require significant parking lot and right of way landscaping The following pages illustrate of the vision for this area through a series of illustrations and diagrams. The development and redevelopment principles including outparcel development, infill development and redevelopment concepts apply to both sections. Illustrations highlight enhanced streetscaping on Highway 9, a mixture of land use options, limited building setbacks, and increased landscaping. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT SURFACE PARKING AND EMPTY OUTPARCELS UNDEVELOPED PARCELSUNDERUTILIZED/VACANT HWY 9UNDEVELOPED PROPOSED SENIOR RESIDENTIAL POTENTIAL MULTI- STORY MIXED USE VARY LAND USES (SENIOR RESIDENTIAL) PARKING LOT LANDSCAPING REDUCE BUILDING SETBACKS * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals COGBURN ROAD HWY 9 STREETSCAPE INTERSECTION IMPROVEMENTS Existing Conditions Development Character and Land Use Strategy 71URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN PROPOSED SENIOR RESIDENTIAL LIMIT SETBACKS ON NEW DEVELOPMENT HIGHWAY 9 STREETSCAPE AND LANDSCAPE BUFFER PARKING BEHIND BUILDINGS WITH PARKING LOT LANDSCAPING POCKET PARKS ALONG HWY 9 MIXTURE OF SENIOR ASSISTED AND INDEPENDENT LIVING PLACE PARKING BEHIND BUILDINGS, LIMIT SETBACKS, AND CREATE LINEAR GREEN SPACE ALONG STREETSCAPE * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals Outparcel Development and Infill Strategy New Office Development and Senior Living Strategy HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals 73URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN BEFORE: Highway 9 south of Bethany Bend looking south AFTER: Highway 9 south of Bethany Bend looking south * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT TRANSITION AREAS * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals 75URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN BEFORE: Highway 9 west of Cogburn Road looking southwest AFTER: Highway 9 south of Cogburn Road looking south west * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT TRANSITION AREAS BUILDINGS CLOSER TO THE STREET LINEAR GREENSPACE /STREETSCAPE ALONG HIGHWAY 9 77URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN Illustrative Aerial Perspective of Highway 9 at Cogburn Road looking north west * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals COGBURN ROADPARKING BEHIND OR BESIDE BUILDINGS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT NORTH MAIN STREET ALPHARETTA The North Main Street Alpharetta sub-area extends from Mayfield Road to Canton Street along Highway 9. This area is predominantly small lot single family structures that have been converted to office uses. As with many other sections of Highway 9, this area is in need of character and identity improvements to enhance the Highway 9 corridor and build off of the City of Alpharetta’s planned investment in the Downtown area. City policy and future investments in the North Main Street Alpharetta Sub-Area should: • Encourage low scale development • Include primarily local office and unique retail uses • Require streetscape and landscaping along Highway 9 connecting to Downtown Alpharetta Strategies to enhance and build value in this area include the consolidation of small lots into larger parcels for redevelopment. Property assemblies would allow a more uniform street edge, parking in the rear, and inter-parcel connectivity. North Main Street Alpharetta Context 79URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN Highly Ranked Compass Survey Image Highly Ranked Compass Survey Image HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT NORTH MAIN STREET ALPHARETTA Hwy 9 Hwy 9 Pine Grove Dr Pine Grove Dr 81URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN Hwy 9 Hwy 9 Pine Grove Dr Pine Grove Dr HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT NORTH MAIN STREET ALPHARETTA * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals 83URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LAND USE FRAMEWORK PLAN BEFORE: Highway 9 north of Mayfield Road, looking north AFTER: Highway 9 north of Mayfield Road, looking north * Concept sketches are intended to illustrate the envisioned development character and are not actual development proposals TRANSPORTATION FRAMEWORK PLAN 85URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT PRIORITY PROJECTS In addition to the Land Use Framework that outlines the future vision and policy statements for the area, contextual transportation projects as an important focus of a successful LCI Plan. Throughout the planning process, there has been no shortage of suggested transportation improvements for the Study Area. Each of the four public workshops and the community preference survey provided an opportunity for public input into area challenges and potential enhancements. The list of priority projects detailed on the following pages are taken from a variety of preceding efforts including local Comprehensive Transportation Plans, the North Fulton Comprehensive Transportation Plan, Atlanta Regional Commission’s Plan 2040 and additional staff and public input. Key improvements are designed to improve safety, reduce congestion in key locations, build connectivity, enhance multi-modal opportunities in the area, and enhance the area’s quality of life. Projects are listed by priority based on an equal weighting of the ability to complete the projects within a short-term timeframe (3-7 years), their contribution to realizing the area’s vision as outlined in this plan, and community input. 1. Intersection Improvement: Windward Parkway at Westside Parkway/Deerfield Parkway and GA 400 Northbound off-ramp at Windward Roadway Project 2. Bike/Pedestrian: Milton Connection to Big Creek Greenway 3. Intersection Improvement: Hwy 9 at Bethany Bend 4. Intersection Improvement: Bethany Bend at Morris Road/McGinnis Ferry Road 5. Multimodal Corridor: Hwy 9 from Mayfield Road to Bethany Bend (Local Activity Center segments) 6. Multimodal Corridor: Additional connections to reduce the size of development super blocks 7. Multimodal Corridor: Cogburn Road from Webb Road to Bethany Bend 8. Multimodal Corridor: Bethany Bend from Hwy 9 to Morris Road 87URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT TRANSPORTATION FRAMEWORK PLAN 1. Windward Parkway at Westside Parkway/ Deerfield Parkway and GA 400 Northbound off- ramp at Windward Roadway Project: With the imminent opening of Westside Parkway from Old Milton Parkway to Webb Bridge Road in Alpharetta, an increase in traffic along Westside Parkway/ Deerfield Parkway is anticipated. At this time, the northbound approach along Westside Parkway at Windward Parkway has one through lane along with one left- and right-turn lane each. Deerfield Parkway northbound has two travel lanes, with one receiving lane for the northbound through traffic and one receiving lane for the westbound right- turn traffic coming from Windward Parkway. This westbound movement is a free-flow movement with a channelized right-turn lane and one dedicated receiving lane. Recommended improvements include modification of the right-turn channelized island, thus removing the free-flow westbound right-turn movement and requiring that traffic to yield to northbound through traffic. Additionally, a second northbound through lane would be added to Westside Parkway to allow for two northbound travel lanes to cross Windward Parkway. Additional traffic analysis is required to determine if the dedicated northbound right-turn lane is still necessary as well as if the westbound free-flow right-turn movement should remain, thus requiring three receiving lanes that would taper to two travel lanes further north on Deerfield Parkway. GA 400 Northbound off-ramp at Windward Parkway: Design work for this project was funded by the North Fulton Community Improvement District (NFCID). It includes the addition of a second exit lane from GA 400 toward Windward Parkway, which will reduce the queuing impacts of the interchange to GA 400. Additionally, a third northbound left-turn lane will be provided at the intersection of the off-ramp with Windward Intersection Improvement Roadway Improvement HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT PRIORITY PROJECTS Bike/Pedestrian Parkway as well as a third westbound receiving lane along Windward Parkway to Deerfield Parkway. A four-foot bike lane will also be included between the interchange and Deerfield Parkway. Additional lighting and urban design elements should be considered as part of the improvement project, but will likely require additional cooperation between the Cities and CID and additional funding. 2. Milton Connection to Big Creek Greenway: The Big Creek Greenway currently spans 13.5 miles in the cities of Roswell and Alpharetta as well as Forsyth County. The City of Alpharetta is conducting a feasibility study to connect the current northern terminus within its borders (near Webb Bridge Road and Marconi Drive) to the Forsyth greenway near McGinnis Ferry Road. The concept for the Milton connection to the Big Creek Greenway was originally conceived during the North Fulton Comprehensive Transportation Plan that concluded in December 2010. Milton’s proposed project would connect to the extension of the Big Creek Greenway near McGinnis Ferry Road as well. A feasibility study will be required to determine the proposed alignment and type of accommodations. At this time, the trail connection is proposed along Webb Road from Cogburn Road to Morris Road, along Morris Road from Webb Road to McGinnis Ferry Road, and along McGinnis Ferry Road from Morris Road to the extension of the Big Creek Greenway. The trail could be a side path or a combination of bike lanes and wide sidewalks. Consideration was given to an alternative alignment from Morris Road across GA 400 via roadway culverts. Two side-by-side 10.5-foot wide by 10-foot high culverts cross GA 400 between Windward Parkway and McGinnis Ferry Road. Rain events would require closure of the trail, and debris also could impact the pathway for travelers. Additionally, the safety concerns and 89URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT TRANSPORTATION FRAMEWORK PLAN Intersection Improvement lighting requirements for a 250-foot long culvert are drawbacks of the alignment. Given these considerations, the McGinnis Ferry Road alignment is the preferred path for crossing GA 400 at this time. 3. Highway 9 at Bethany Bend : Recommendations for the skewed intersection of Hwy 9 at Bethany Bend have been formally discussed since the Milton CTP. A number of options have been explored but because of the current skew and development on all corners, a short-term fix may be very difficult to construct. Ultimately, improvements to this intersection should address vehicular operations, safety, and pedestrian/ bicycle access. While roundabouts are a popular concept, a roundabout is not proposed for the intersection due to the future planned widening of Hwy 9 to four lanes and the proximity of the intersection to the new high school. Realigning the intersection to a less severe angle would introduce a number of S-curves along Bethany Bend. These curves are likely to be too tight for a 40 mph roadway and could introduce new sight- distance and safety concerns, but further study is necessary. Although several ideas are currently under consideration, a detailed intersection analysis and concept design is needed before the most appropriate improvements can be selected: • Possible improvements that build on the current configuration: • Laneage improvements at the existing intersection (northbound, southbound, and westbound right-turn lanes, lengthening of the southbound left-turn lane) • Retiming of the signal • Addition of pedestrian refuge islands at each intersection approach • Possible improvements involving more significant reconfiguration: • Termination of Bethany Bend along Hwy 9 in HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT PRIORITY PROJECTS Intersection Improvement two locations (terminate the eastern leg to the south and the western leg to the north). This would create an additional right and left turn for drivers who wish to “remain” on Bethany Bend. • Construct a segmented Bethany Bend (as described above) with a north-south connector roadway between the current shopping center and high school that connects to both Bethany Bend segments with roundabouts. This scenario would likely require redevelopment of the shopping center. The new roadway would provide an alternative to traveling on Hwy 9 with reduced delay from roundabouts and would help to establish a grid network in the area. 4. Bethany bend at Morris Road/McGinnis Ferry Road: The intersection of Bethany Bend at Morris Road/McGinnis Ferry Road was recommended initially for improvements in the Milton CTP. Possible future plans to widen both Morris Road and McGinnis Ferry Road to four lanes will necessitate intersection improvements at that time; however, interim operational improvements can be made in the short term as well. Some proposed recommendations from the Union Hill DRI and Milton CTP include the following: • Add a southbound right-turn lane and southbound left-turn lane along Bethany Bend • Add an eastbound left-turn lane and a westbound right-turn lane along Morris Road/ McGinnis Ferry Road • Add a traffic signal • Current conditions could be suitable for a roundabout; however, future connections to GA 400 at McGinnis Ferry Road would likely cause traffic volumes to exceed the capacity of a roundabout. 5. SR from Mayfield Road to Bethany Bend (two 91URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT TRANSPORTATION FRAMEWORK PLAN Multi-Modal Corridor phases): The future multimodal widening of Hwy 9 has been included in both the Milton CTP and North Fulton CTP. With the recent completion of the regional transportation plan, PLAN 2040, the widening is now identified as a regional project as well. The widening of Hwy 9 south of Windward Parkway is included in the Transportation Improvement Program (TIP), which is programmed for completion by 2017. The widening to the north of Windward Parkway is included in the constrained long range plan, expected for completion by 2040. The cross-section of this project will most likely vary at different points along the corridor, so a detailed corridor study and conceptual design will be needed. The southern section, in Alpharetta, is likely to include narrow travel lanes with a two- way left-turn lane in the center of the road, bike lanes, and wide sidewalks. Other sections within the Local Activity Center where a significant number of driveways are present may include a landscaped median while transitioning sections between commercial and residential may not include a median or on-street parking at all. Bicycle accommodations are strongly encouraged for the corridor if speeds and traffic volumes are consistent with the addition of bike lanes. Pedestrian accommodations are a necessity and landscaped buffer areas should be included wherever possible. The current Hwy 9 Highway Design Guidelines define the typical sections recommended for Milton. Due to the length and significant cost of this opportunity, the LCI Plan breaks Hwy 9 improvements into four segments: 1. Mayfield Road to Cogburn Road 2. Cogburn Road to Windward Parkway 3. Windward Parkway to Deerfield Parkway 4. Deerfield Parkway to Bethany Bend HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT PRIORITY PROJECTS Multi-Modal Corridor Multi-Modal Corridor The order in which these segments are implemented will depend upon coordination with roadway widening projects and available funding. However, segments 2 and 3 are particularly important to realizing the vision and community enhancements within the Local Activity Center. 6. Additional connections to reduce superblocks: To enhance connectivity within the area, the LCI process focuses on integrated land use and transportation planning. Within the Windward/Highway 9/Deerfield area, new roadway connections are needed to create a more multimodal transportation network. Increased connectivity benefits all modes of travel by reducing congestion and providing route alternatives. This project is an umbrella for new roadway connections that have not been finalized but will ultimately serve to break up the current super block between Hwy 9 and Deerfield Parkway. One proposed roadway connection would begin at the driveway of the Fry’s parking lot and end along the curve of Deerfield Parkway to the east. This connection would parallel both Windward Parkway and Webb Road and provide more options for drivers, cyclists, and pedestrians as well as create a new front door for future development. One other connection considered would be the extension of Morris Road from its current terminus at Deerfield Parkway south to Windward Parkway. As future developments are planned within the study area, new connections that reduce block sizes and establish more of a grid network should be incorporated. The initial typical section proposed for these connector roads includes one travel lane in each direction with left-turn lanes as necessary, potential for on-street parking, bike lanes, wide sidewalks, and landscaped buffer areas. 7. Cogburn Road from Webb Road to Bethany Bend: Improvements to Cogburn Road include 93URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT TRANSPORTATION FRAMEWORK PLAN Multi-Modal Corridor roadway, bike, and pedestrian enhancements. Currently, the narrow, winding nature of Cogburn Road indicates potential safety and operational deficiencies in the design or cross-section of the roadway. This portion of the roadway was also identified in the Milton CTP by staff and members of the public as a segment for further study. This project includes the survey of roadway alignments to determine if deficiencies exist, with redesign where necessary to improve roadway safety. Additionally, turn lanes may be added at intersections where turning movements (left turns in particular) are substantial. Improvements to the intersection of Cogburn Road at Bethany Bend are underway and are therefore listed under a separate heading. Sidewalks along Cogburn Road are in need of improvement. This project also includes either the addition of a side path/trail or improvements to the existing sidewalks supplemented by bike lanes. Further study including conceptual design will be required to determine the extent of roadway deficiencies and whether a trail or sidewalks/bike lanes should be added. 8. Bethany Bend from Hwy 9 to Morris Road: Similar to Cogburn Road, a combination of roadway, bike, and pedestrian improvements are recommended for Bethany Bend between Hwy 9 and Morris Road. The project includes improving the alignment and cross-section of the roadway as well as the addition of any turn lanes required at larger intersections. The intersections of Bethany Bend at Hwy 9 and Bethany Bend at Morris Road/ McGinnis Ferry Road are both discussed separately. In addition to operational improvements along the corridor, the project also includes improvements to the sidewalks with the addition of bike lanes or a separate side path along one side of the road. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT SUPPLEMENTAL PRIORITY PROJECTS Alpharetta High Speed Bike Trail: The City of Alpharetta is planning a high speed bike trail along the GA 400 corridor. The first phase of construction will begin at Mansell Road and travel southward. The trail, built into the required right- of-way buffer along GA 400, would be primarily for commuting and is not intended as a recreational trail. However, a parallel recreational trail may be considered within the buffer. The high speed community trail is currently planned as far north as Haynes Bridge Road but could be extended to McGinnis Ferry Road. Deerfield Parkway Multiuse Trail: Deerfield Parkway currently has an acceptable sidewalk network; however, the addition of a multiuse trail would enhance the corridor and provide important future multimodal connections within the study area. This project proposes a side path along Deerfield Parkway from Windward Parkway on the south to Hwy 9 on the north. Bike/Pedestrian Bike/Pedestrian 95URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT Transit TRANSPORTATION FRAMEWORK PLAN Revision and rerouting of existing bus routes : Only a small portion of the City of Milton has transit (bus) service. The limited standard bus service in Milton has particularly negative implications for the elderly and disabled community. MARTA Mobility- MARTA’s paratransit service that transports those with impaired mobility - only operates within three-quarters of a mile of existing MARTA routes. This means that many of Milton’s residents and employees do not have access to specialized transit services. Revision of local bus service as the study area redevelops will be needed; however, rerouting of some existing bus routes could be completed in the short-term and provide real value with little cost. MARTA is in the process of evaluating its current service and will be working with the City of Milton to determine what types of service changes could benefit both entities. As an ARC goal, the promotion of lifelong communities would be greatly enhanced by more extensive bus routing, particular through areas currently developed and future-designated as senior housing. DESIGN STANDARDS URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 97DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT The Highway 9/GA 400 Area Master Plan design standards combine a detailed public input process, existing design standards, and the expertise of the planning team into a document which will help guide the future of the LCI study area. The LCI planning process over the past several months has received a tremendous amount of feedback from the general public. This feedback is used to help determine what types of architecture, landscape features, and building materials would to be the most widely accepted. The planning team weighed those preferences against existing design standards and regulations in order to determine the best practices for the area moving forward. Much of the material in this section builds upon the existing Design Guidelines for the Highway 9 corridor. The Highway 9 Design Guidelines were completed by the City of Milton in November 2010, and include a large portion of the study area along Hwy 9 from Bethany bend to Windward Parkway. These guidelines recommend key improvements in: • Streetscapes along Highway 9 for a variety of street types • Bicycle amenities and Street furniture • Site design and building placement • Lighting and fencing • Street trees and landscape materials • Signage and architectural details While the Highway 9 Design Guidelines are intended to focus on the area immediately adjacent to Highway 9, they represent best practices that can be applied throughout the most of the LCI study area. However, the expanded context of the Hwy 9/ GA 400 Area Master Plan has left an opportunity for the planning team to reiterate a few key points and identify new best practices. The following standards will be divided into four sections. The first section is specific to the work within the LCI study area and the 2B. BUILDING PLACEMENT Placement/orientation of buildings on the site should front the street with parking to the side and to the rear of the building to create a town-like feel. Additional buildings should be located to allow open spaces such as plazas and courtyards as well as space for outdoor dining. For buildings located at major street intersections of arterials, the majority of the building shall be placed at the corner. To maximize the street frontage of buildings and minimize the street frontage of parking lots, buildings should be placed so that the long side of the building front the arterial street. CHAPTER 2 PLANNING CONCEPTS 7 The city should consider maximum setback requirements, per the following: For buildings less than 50,000 square feet, the maximum setback from S.R.9 right of way shall be 100 feet. A maximum of two rows of parking may be provided between the building and S.R. 9. For buildings over 50,000 square feet, the maximum setback from S.R.9 right of way shall be 300 feet. All buffers and landscaping required shall apply. Max setback for > 50,000 sf = 300’ Max setback for < 50,000 sf = 100’ Max 2 rows of parking along frontage Observe S.R.9 buffer and landscaping requirements Preferred Building Placement *Building setback diagrams from the Highway 9 Design Guildelines 99URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT DESIGN STANDARDS remaining sections are general design standards for architecture, landscape, and site design. It should be noted that the City of Alpharetta currently has its own set of Design Guidelines, which address a range of aspects including architecture, streetscaping, plantings, street furnishings, and signage. While operative primarily in the Historic District, it is anticipated that these would extend into the “North Main Street” sub-area. They represent a distinctive and easy way to delineate between the neighbor cities, and the qualities and styles of the furnishings are complementary. These guidelines should not be construed to supplant the existing Alpharetta guidelines. Rather, they represent an effort to coordinate the broader design conditions - site design, sidewalk location, landscape buffer depth, inter-parcel connectivity - so that though the respective characters of the cities are evident, the actual operations of the public realm are seamless. HWY 9/GA 400 SMALL AREA PLAN: • Delineation between Alpharetta and Milton along Highway 9 through differences in fencing and landscape standards. The Highway 9 Design Guidelines (Milton) and the Alpharetta Design Guidelines are different enough to be noticeable (particularly to pedestrians) but similar enough to be complementary and non- competing. The inherent variation along some of the sections of Highway 9 in the southern part of the study area may enhance the visual interest and pedestrian experience. • High quality brick and stone building materials are preferred throughout the study area, with a preference towards glass within the Regional Activity Center. Sustainable materials encourage more sustainable development and make a noticeably more pleasant walking environment. They likewise enhance the cohesive effect of coordinated streetscaping Preference towards high quality traditional architecture CHAPTER 3DESIGN GUIDELINES3I : FENCINGFENCING MATERIALS AND SPECIFICATIONSAlong public streets, fencing materials should be primarily dark stained wood and could include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Unpainted pressure treated wood is prohibited. Fences adjacent to a public streets shall not exceed 55 inches in height measured from finished grade and are recommended to be of uniform design, materials and construction throughout a development. Chain link fencing may be used along golf courses, play fields, and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Chain link fencing is not allowed if it can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend. Chain link fencing may be required around detention/retention facilities. 22 PREFERRED FENCING STYLES The equestrian and rural character of Milton is important to its identity as a city. New development and redevelopment in the State Route 9 Overlay District should provide fencing in keeping with one of the preferred styles pictured here. four-board cross-board three-board *Decorative fencing from the Milton Highway 9 Design Guidelines Preference towards glass architecture in the Regional Activity Center HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT and furnishing. In terms of glazing, all street- facing development should be dominated by storefront facades, rather than opaque walls. The visual permeability creates a safer and more comfortable pedestrian environment and creates more engagement between businesses and their potential customers. • Limit setbacks from the street for outparcel development or new development (diagrams on page 98). Consider maximum setbacks (as mentioned in the Highway 9 Design Guidelines) to create more of the built environment along the corridors. This type of fore-fronted design adds to the general character of the corridor, and walking becomes more feasible when pedestrians aren’t forced to leave the comfort of the streetscaped areas to access stores across a less-hospitable parking lot. • Building façades should be vertically and horizontally articulated with a variety of dimensions in order to break up large facades to avoid a monolithic appearance. The Alpharetta Historic District Architectural Guidelines set a good baseline for creating a “toolbox” of elements that can mitigate large, unfriendly facades. Any frontage that faces the street or represents a primary pedestrian access point should be comfortably-scaled and visually-permeable to create a more pleasant and inviting experience. • Parking should be located behind or beside buildings and not between the building and the street. • Drive aisles for drive-through establishments should have clearly delineated pedestrian crossings, and drive-up windows should be located on the side or rear of the building. Parking lots should be landscaped to interrupt seas of pavement Well-landscaped parking area Vary building facades horizontally and vertically 101URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT Parking Garage concealed behind decorative facade • Parking lots should be heavily landscaped, with some general guidelines as follows: • Assuming 10’ wide spaces, there should be no more than 15 spaces contiguous without a tree-well or similar interruption • Tree wells should be a minimum of 400 square feet, with no dimension being shorter than 15 feet • Tree wells can become bio-retention areas if parking spaces are equipped with wheel stops and that the planted areas are clearly delineated • Use of pervious pavement and drought resistant plants are encouraged in order to preserve water wherever possible GENERAL SITE DESIGN PRINCIPLES: • Parking decks should be visually concealed from the street. On larger sites, these may be screened by the buildings, or may be integrated into the buildings themselves. In other cases, they may be fronted with decorative facades, or may use “green walls” to mitigate their visual impact. • Service areas should be screened from street. Decorative and complete enclosures are acceptable, but where feasible the service areas should occur at the rear of the development, away from the primary frontage. • Corner buildings (within larger developments) or building corners (among out-parcels) should have distinct architectural detailing. Encourage the creation of “icons” or landmarks through architecture at key intersections. These not only enhance the local design character, but make the area more easily navigable, reducing the reliance on wayfinding signage. Pervious concrete DESIGN STANDARDS Parking behind building and interparcel connectivity HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT • Curb cuts should be minimized. Encourage shared drives, even among disparate developments. Fewer curb cuts represent fewer pedestrian/car crossings, and also help reduce the turn-ins/pull-outs that slow down traffic. Shared drives help maintain a moderate but consistent flow of traffic without sacrificing pedestrian safety and comfort. • On larger parcels, create a parallel internal street network. As a rule, it is preferable that cars access outparcel development from the rear; that is, the point farthest from the corridor. By creating a secondary internal network, development can avoid traffic tie-ups at their entrances, and can encourage natural interparcel connectivity. • Look for opportunities to enhance street grid connectivity. Superblocks and cul-de-sacs create congestion on adjacent corridors, and result in a scale that is less comfortable for pedestrians. Whenever possible, connect streets through developments. G ENERAL ARCHITECTURAL DESIGN PRINCIPLES: • Storefronts should have large fenestrations, canopies, and awnings. These elements help create a more comfortable and inviting pedestrian environment and present a more distinct and welcoming street character. • Signage should be clearly marked and visible from the street. Primary signage should be on the building facade itself, but larger developments may have shared monument signage adjacent to the corridor. Such signage should be made of similar building materials and should not exceed a height of 18 feet from grade. • Primary pedestrian entrances should be Clearly-delineated pedestrian access Internal street network and new connections Signage placed on the building facade above large awnings 103URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT clearly visible and accessible from the street. Pedestrian access should be well-lighted and constructed with durable materials. Pervious concrete is a preferred surface, to reduce runoff and ponding. GENERAL LANDSCAPE DESIGN PRINCIPLES: • All landscaping should be well-maintained. Rainwater retention for irrigation is encouraged, as is the use of bioswales and bio-detention as landscaping features. These are visually preferable to standard retention designs, and are functionally preferable to higher-maintenance planting areas. • Planting installations should be clustered into larger areas. Small “islands” of plantings are more difficult to maintain and tend to be less healthy, and less attractive. • Among smaller developments, and within larger developments, the types of open space should be varied. Open space includes small pocket parks, greens, courtyards, and plazas. Providing diversity among these types creates visual interest and helps prevent a corridor or large development from looking too monotonous. • Greenway and trail connectivity is important to the utility of open spaces. Greenways or multi-use trails should connect within and through the study area and should tie in to any new open space added. Connections can be made via trails and paths, but also within the landscape buffers between developments. Greenways and Multi-use trails within development buffers and undeveloped land Create connections through and among open spaces and disparate developments DESIGN STANDARDS DESIGN STANDARDS UNDER DEVELOPMENT TRANSFER OF DEVELOPMENT RIGHTS URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 105DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY CONCEPT PLAN DRAFT The City of Milton is currently undertaking a study with regard to forming a system for the Transfer of Development Rights within the City. Though not currently a well-known practice in Georgia, the system has been used for over a decade in communities throughout the United States. Examples exist in Georgia, most notably the Chattahoochee Hill Country community (also an LCI grant recipient), of municipalities that trade development rights from “sending” to “receiving” areas. This helps preserve the former from encroachment by development, without stripping land owners of their duly-zoned property rights. It helps the latter achieve higher densities than might otherwise be allowed, in effect creating more sustainable nodes of development that exist within a network of conservation. As the City of Milton develops their own TDR approach, the Regional Activity Center is a logical “receiving area”, and designating it as such may help public and private interests realize the vision for regional office creation that has been delineated in the LCI plan. The City may also consider the Local Activity Center as a receiving area depending upon the City’s goals for TDR and the need for “value creation” within that sub-area. The McGinnis Ferry Transitional Area may also be considered, and would be a logical receiving area if/when the interchange is developed. In that case, the northeast portion of the study area is likely to experience significantly higher development pressure, which would dovetail well with the intent of the TDR effort. Prior to implementation, city staff should confirm the status of current enabling legislation on the state level. In the past, TDRs had been tied to historic preservation, which might prove a barrier to implementation here. This may not still be the case, but it bears investigation. URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 107DRAFT TRANSFER OF DEVELOPMENT RIGHTS B U C K H E A D V I L L A G E Figure 2: Transfer of Development Rights Image 1 Image 2 Image 3 Image 3 C-3 Non C-3 Maximum Height Allowed in Subarea Proposed New Building Site Unused Development Rights Max FAR In Lesser Zoning Category Transfer of Density From Parcel A to Parcel B New Building C-3 Non C-3 C-3 Non C-3 C-3 Non C-3 Non C-3 Property in Subareas 1, 2 or 3 C-3 Property in Subareas 1 TDR Examples from the City of Atlanta SPI-9 FIVE YEAR ACTION PLAN URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 109DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY ACTION PLAN DRAFT With a Framework in hand, the tasks in front of the community are now geared toward implementation. The Action Plan charts specific courses for realizing the vision represented in the previous sections, in a way that is practical from the perspective of market, land use and transportation. Based on the market opportunity and viable land opportunities in the area, this study has identified the following potential opportunities which may be capitalized on in the short-term (next 5 years): A development with a variety of uses including retail, office, and residential that are horizontally integrated While there is office, residential, and retail in the study area, there are limited (if any) places that integrate these uses within a walkable development. National examples have shown a 20% premium per square foot for office space located within a suburban environment with a mix of uses and upwards of a 10% premium per square foot for multi-unit residential. Note that there is a strong correlation between rents and appraised value such that premium properties like these generate more tax revenue per square foot than single use commercial properties. In addition, a mixed-use development results in an increasing value creation over time, as opposed to a traditional, single use commercial development, which begins to see a diminishing value over a 12- year time span. An illustration of this relationship OVERVIEW 111URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT FIVE YEAR ACTION PLAN is shown above. While the vision for the area does not necessarily recommend vertical mixed-use, market rents in the area probably would not support vertically integrated development in the short term, given increased construction costs for this type of development. However, there does appear to be an opportunity for a horizontal integration. Given the lack of multi-use development in the area, the desirability of sustained value creation, and the success of these developments both nationally (Bethesda Row) and regionally (Suwanee Town Center), there appears to be both a short-term and long-term opportunity in the area, provided there is land available to support it. The optimal location for this type of development would be within the Regional Activity Center as defined by the Land Use Framework Plan, integrated or adjacent to the existing concentration of employment. In addition, this area appears to have the greatest amount of un-developed land to accommodate a multi-use project of any scale. Although there are parcels on Highway 9 that are not performing well and would also be good candidates for this type of development, many of those projects were recently developed such that the costs of acquisition may not allow for them to be redeveloped within the short term, however, they may present an opportunity in the long-term if and when they decline in value . Additional housing to support a growing base of 55+ households Households over age 55, and in particular, households 65 to 74, are projected to see the greatest rate of growth in the area over the next five years. Senior housing can take many forms from single family homes with limited maintenance yards to a multi-unit, skilled nursing facility that provides meals and medical assistance to the residents. Ideally, senior housing would be developed within a multi-use environment that includes retail to provide a convenient location that reduces the need for auto-dependence. Locations that are best suited for senior housing are those within close proximity of the seniors’ adult children with convenient access to retail and services, with medical care not too distant. Future senior housing opportunities could potentially be found anywhere that there is land availability throughout the corridor meeting those criteria, however, the available locations, and corresponding land values will dictate the scale and density necessary for the projects to be financially viable. For instance, if land were to become available in the area surrounding Deerfield business park for senior housing, it would likely be multi-story (elevator served) to accommodate more units in a location that would likely have a high land cost. This scale would also be consistent with the existing apartment and office development in the area. However, if land were to become available on Highway 9, south of Windward Parkway, the scale would likely change to a two to three story development and/or one- story attached housing. Additional regional serving office space as well as some smaller space in alternative formats to accommodate small, professional service users The LCI area is located within the North Fulton office market which is performing at the top of the Atlanta Metro area in terms of occupancy and absorption of space. The office space located on the east side of Milton, north of Windward Parkway is predominantly Class A and B space and is regionally serving office, performing much the same way as the greater North Fulton market. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY ACTION PLAN DRAFT However, office space south of Windward Parkway off of Highway 9 is not performing as well. The vacancy within this space appears to be both an issue of access as well as mismatch of supply and demand. Going forward there is an opportunity for additional regional serving office space given the established regional location. In addition, there is an opportunity for a wider “menu” of office space, particularly to accommodate small, local professional service firms. Optimally, additional development of either local or regional serving office would be done in environments with a variety of uses including retail and housing to drive higher land values and meet and serve un- met demand for walkable multi-use environments. The greatest opportunity for additional regional serving office is in the Deerfield Office Park, where there is already an existing concentration. The scale of future development will likely be consistent with the existing development. Small-professional office, however, could be located off of Highway 9, south of Windward Parkway in buildings that are smaller scale and more consistent with the existing residential development in the surrounding area. The users of this space will likely more to the local population than be regional-serving, including lawyers, accountants, realtors, etc. at an average tenant size of 1,500 square feet. Small professional users are much more highly tied to the local household base , providing services for those households, whereas regional serving office users are more highly tied to the metro, state and national markets, and therefore need better access and visibility to GA-400. OVERVIEW 113URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT FIVE YEAR ACTION PLAN D R A F T Description Type of Improvement Engineering Year Engineering Costs ROW Year ROW Costs Construction Year Construction Costs Total Project Costs Responsible Party Funding Source Local Source Match Amount LCI Area Projects Underway Deerfield Parkway at Morris Road Intersection Improvement City of Milton Local City of Milton SR 9 at Vaughn Drive Intersection Improvement City of Alpharetta Local and State (GDOT) City of Alpharetta Cogburn Road at Bethany Bend Intersection Improvement City of Milton City of Milton New Roadway/Access Connection between Cogburn Road and SR 9 at Cambridge HS Roadway Operations City of Milton City of Milton Short-term Projects Windward Parkway at Westside Parkway/Deerfield Parkway Intersection Improvement 2012 $27,000 2013 $880,000 2014 $270,000 $1,200,000 North Fulton CID CID, Local, and State (GDOT) North Fulton CID $240,000 GA 400 Northbound Exit Ramp and Windward Parkway GA 400 to Deerfield Improvements Roadway Operations 2012 $310,000 2013 $500,000 2014 $3,100,000 $3,900,000 North Fulton CID CID, Local, and State (GDOT) North Fulton CID $780,000 Webb Road/McGinnis Ferry Road Multi-use Trail Connection to Big Creek Greenway Multi-use Bike/Ped Facility 2013 $350,000 2014 $10,000,000 2015 $3,500,000 $14,000,000 City of Milton Local, TE City of Milton $2,800,000 SR 9 at Bethany Bend Intersection Improvement 2013 $410,000 2014 $1,800,000 2015 $4,100,000 $6,300,000 City of Milton Local City of Milton $1,260,000 Bethany Bend at Morris Road/McGinnis Ferry Road Intersection Improvement 2013 $150,000 2014 $190,000 2015 $1,500,000 $1,900,000 City of Milton and Forsyth County Local City of Milton and Forsyth County $380,000 SR 9 from Mayfield Road to Cogburn Road (segment 1) Operational and Multi-use Bike/Ped Facility 2014 $1,200,000 2015 $13,000,000 2016 $12,000,000 $27,000,000 City of Alpharetta and City of Milton Local, State (GDOT) City of Alpharetta and City of Milton $5,400,000 SR 9 from Cogburn Road to Windward Parkway (segment 2) Operational and Multi-use Bike/Ped Facility 2014 $480,000 2015 $5,000,000 2016 $4,800,000 $10,000,000 City of Alpharetta Local, State (GDOT)City of Alpharetta $2,000,000 SR 9 from Windward Parkway to Deerfield Parkway (segment 3) Operational and Multi-use Bike/Ped Facility 2014 $1,200,000 2015 $13,000,000 2016 $12,000,000 $26,000,000 City of Milton Local, State (GDOT)City of Milton $5,200,000 SR 9 from Deerfield Parkway to Bethany Bend (segment 4) Operational and Multi-use Bike/Ped Facility 2016 $900,000 2017 $9,500,000 2018 $9,000,000 $19,000,000 City of Milton Local, State (GDOT)City of Milton $3,800,000 Additional Roadway/Path Connections among Windward Parkway, SR 9, and Deerfield Parkway Operational and Multi-use Bike/Ped Facility 2015 $1,000,000 2016 $14,000,000 2017 $10,000,000 $25,000,000 City of Milton and Private Development Local and Private City of Milton $5,000,000 Cogburn Road from Webb Road to Bethany Bend Operational and Multi-use Bike/Ped Facility 2015 $680,000 2016 $1,300,000 2017 $6,800,000 $8,800,000 City of Milton Local City of Milton $1,760,000 Bethany Bend from SR 9 to Morris Road Operational and Multi-use Bike/Ped Facility 2016 $530,000 2017 $1,600,000 2018 $5,300,000 $7,400,000 City of Milton and Forsyth County Local City of Milton and Forsyth County $1,480,000 Revise MARTA bus routes Transit TBD MARTA MARTA Longer-term Projects High Speed Bike Trail through GA 400 western buffer Bicycle City of Alpharetta Local City of Alpharetta Deerfield Parkway Multi-use Trail from SR 9 to Windward Multi-use Bike/Ped Facility City of Milton Local City of Milton Pedestiran/Bicycle Connections to future transit service at GA 400 and Windward Parkway Multi-use Bike/Ped Facility City of Milton and City of Alpharetta Local City of Milton and City of Alpharetta GA 400 Managed Lanes Transit GDOT State (GDOT)N/A McGinnis Ferry at GA 400 Interchange Transit GDOT State (GDOT)N/A Total $7,237,000 $70,770,000 $72,370,000 $150,500,000 $21,860,000 Notes: All costs are estimated in 2012 Dollars. Right-of-Way costs are conservative and include a factor for scheduling contingency, admin/court costs, and inflation Housing Projects/Initiatives Description/Action Cost Year Responsible Party Funding Source Clarify/modify the City's zoning and development policies to allow mixed-use residential within the Regional Activity Center $0 2012 City of Milton N/A Other Local Initiatives Description/Action Cost Year Responsible Party Funding Source Update zoning and development codes including TDR and potential form-based elements for Regional Activity Center and potentially Local Activity Center $30,000 2013 City of Milton Local Conduct supplemental study for McGinnis Ferry Transitional Area if GA 400 interchange at McGinnis Ferry moves forward $40,000 TBD City of Milton Local/LCI URS Corporation 4/2/2012 LONG TERM PUBLIC IMPROVEMENTS URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO 115DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY Addition of Managed Lanes Along GA 400 : A feasibility study for managed lanes is currently underway for the GA 400 corridor from I-285 in Fulton County to SR 20 in Forsyth County. The alignment and layout of the system have not been determined at this time; however, it is anticipated that managed lanes are going to be present along the GA 400 corridor in some way. While this will impact a portion of the study area, the project is clearly larger than the scope of the LCI study. The character areas that abut GA 400 already plan for high levels of vehicular traffic (as is currently present along the general purpose system). Other additional considerations include new possible managed lanes interchanges within the study area that could alter traffic flow. Potential Interchange at McGinnis Ferry : A project that has been under consideration for years is a new interchange at GA 400 and McGinnis Ferry Road. Currently, the interchange is being studied (in an interchange justification report or IJR) through GDOT; however, the interchange is not included in the constrained 2040 Regional Transportation Plan (only the Aspirations Plan). If this interchange were to be constructed, it would alter travel patterns in the northern part of the study area by drawing new traffic to a previously local roadway. Associated with the new interchange would be key roadway widenings and operational upgrades. Morris Road (Webb Road to McGinnis Ferry Road) and McGinnis Ferry Road (Morris Road to Union Hill Road) are proposed to be widened to four lanes with turn lanes as needed as well as bicycle and pedestrian accommodations. Improvements to the intersection of Morris Road and Webb Road could also include turn lanes as necessary. ACTION PLAN DRAFT Roadway LONG RANGE STRATEGIES Roadway 117URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO Future high capacity transit station and associated improvements : MARTA is in the process of conducting an Alternatives Analysis (AA) for transit in the GA 400 corridor. This study will consider alignment, technology, and station locations for the high capacity transit system extending from the current North Springs MARTA station. While none of these has been determined at this time, years of planning studies indicate that the Windward area is likely to be an appropriate transit station location. If a high capacity transit station is constructed in the Windward activity area, it will be important to provide improved bicycle and pedestrian access to the transit station. This improved access could come in the form of wider sidewalks in key locations, bike lanes or sharrows where no accommodations exist, or a new side path that ties the new transit station to the exciting development around it. DRAFT Transit LONG TERM PUBLIC IMPROVEMENTS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY Bus Transit Accommodations As roadway projects (both widening and operational) are designed in future years, accommodation of bus transit will be an important aspect of the plans. Close coordination with MARTA on current and proposed bus routes should occur as well as consultation of guiding design documents such as the Transit Cooperative Research Program (TCRP) Report 19: Guidelines for the Location and Design of Bus Stops sponsored by the Federal Transit Administration. This document references both street-side and curb-side accommodations. A number of street-side considerations exist for locating a bus stop/station along a roadway. Stops should be as consistent as possible due to expectancy of bus drivers, passengers, and other motorists; however, a number of other factors have the ability to influence the design. Bus stop type (such as curb-side, bus bay, and queue jumper) and location (near-side, far-side, and midblock placement) are two of the first design aspects to be considered. Vehicular volumes, bus signal priority, on-street parking, bike lanes, pedestrian access, and physical constraints (driveways, light poles, etc.) all affect where and how a bus stop is designed. The alignment and grade of the roads, skew of the intersection, and road surface conditions also are impactful. Visibility is very important for safety and efficient operations: the operator’s ability to see the sign, the motorists’ and cyclists’ ability to react appropriately at stops and to see pedestrians accessing the bus, and the passengers’ ability to travel safely at intersections and on sidewalks to board and alight the bus. In addition to the street-side design aspects, a number of curb-side considerations should also be taken into account. The location of the stops within the community needs to be coordinated ACTION PLAN DRAFT LONG RANGE STRATEGIES Roadway 119URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO with businesses and neighborhoods for greatest acceptance and usage. Bus stops should be located in areas with the largest volume of riders and shortest routes to local attractors. Stops should not be located on impervious ground surfaces or near to items that may restrict pedestrian circulation such as utility poles, fire hydrants, and street furniture. Compliance with ADA rules is a minimum but enhanced accommodation of those with mobility restrictions is preferable, such as near senior living facilities. Perceived and real safety of patrons are of utmost importance, so visibility and lighting are critical. Comfort is also an important consideration, so protection from the environment through the use of shelters and provision of benches and other street furniture are important to keep in mind as well. Substantial amounts of detail are available in the TCRP report and other resources such as the Florida Department of Transportation’s Accessing Transit design handbook: http://www.dot.state. fl.us/transit/Pages/NewTransitFacilitiesDesign. shtm. These documents as well as planning staff at MARTA should be consulted during the design of the roadway projects contained in this plan so that bus transit can be safely and efficiently accommodated in future design. DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY Highway 9 at Vaughn : The intersection at Hwy 9 and Vaughn Drive has been studied by the City of Alpharetta and GDOT. At this time, neither traffic volumes nor crashes warrant a signal today; however, a northbound left-turn lane has been funded for construction by GDOT and is anticipated to reduce delay and improve safety at the intersection. Cogburn Road at Bethany Bend : The intersection of Cogburn Road at Bethany Bend is signalized with single-lane approaches on all four legs and left-turn lanes on the northbound and southbound approaches. With the opening of Cambridge High School this coming August 2012, the intersection will be improved prior to the start of the school year. The future improvements include the following: • Northbound right-turn lane • Southbound right-turn lane • Eastbound left- and right-turn (channelized) lanes • Westbound left-turn lane ACTION PLAN DRAFT Intersection PROJECTS UNDERWAY Intersection 121URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO New school connection road between Cogburn Road and Highway 9 : As a part of the Cambridge High School development, a new roadway is being constructed between Cogburn Road and Hwy 9 through the school campus. The roadway begins at the existing site entrance on Cogburn Road, travels east and turns south at the football/soccer field, turns east at the southern property line near the softball field, and traverses Milton’s future public safety property where it terminates at Hwy 9. Both access locations are planned to be full movement intersections. This facility will be open to traffic during the morning and afternoon school peak periods and will be gated otherwise. Deerfield Parkway at Morris Road : The intersection of Deerfield Parkway and Morris Road was recommended for signalization in the Milton CTP. Since that time, the City has made this intersection a priority, and is in the process of budgeting funds for signalization in the 2012/2013 fiscal year. DRAFT Roadway Intersection LONG TERM PUBLIC IMPROVEMENTS IMPLEMENTATION TOOLS 123URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY ACTION PLAN DRAFT ZONING RECOMMENDATIONS While the LCI effort has gone to great lengths to develop and refine project priorities and vision for the Study Area, meaningful implementation cannot occur without a supportive regulatory framework. A comparison of proposed sub-areas with the respective underlying zoning categories suggests some modifications to existing ordinances may be advisable. REGIONAL ACTIVITY CENTER Proposed Character: • Medium Scale • Multi-Use – Office/Retail/Residential • Compact and Connected • Well-Landscaped • Inter-parcel Connectivity and Access Management Underlying Zoning Categories: O-I, TR, C-1, C-2 Potential Modifications: For the most part, this area is dominated by O-I, and it is likely that future development would occur within that realm. However, some changes are suggested to help realize the full potential vision described in the LCI plan. The permitted and accessory uses are consistent with the vision, though the restrictions on restaurants and drug stores – relative to the size of their parent structures – might need to be loosened to allow for more “multi-use” development (disparate program in separate buildings) versus “mixed-use” development (all program within one footprint). The development standards should be altered to allow for taller buildings in appropriate areas, particularly on those parcels adjacent to GA-400 and the Morris Road corridor (within the Sub- Area). The suggestion would be to match those height allowances of adjacent jurisdictions along the 400 corridor, within the comfort level of the community. Any additional height allowances may be provided through a Transfer of Development Rights element to help preserve open space in other community areas, rather than modifying the existing height limitations. Though less applicable in this area than in others listed below, the front setbacks should be changed from minimum to maximum distances, particularly within those developments that include retail components, and those that front intersections. They do not necessarily need to be “at” the street, but they should be oriented “toward” the street. This will be a recurring theme among the sub- areas. With a concurrent increase in allowable height, it might be advisable to reduce the amount of maximum lot coverage (currently at 70%) thereby increasing the required open space component. This can still support appropriate densities, while simultaneously preserving green space and undeveloped portions of parcels in the Regional Activity Center. Further, the Cities may wish to require up to ½ of the required open space to be “community-accessible” through multi-use trails or un-programmed open space rather than reducing “open space” to environmentally sensitive areas and buffers. Related, regulations for surface parking will be particularly important, in terms of both counts and landscaping. Both cities should consider reducing parking requirements and establishing maximums for overflow on pervious surfaces. It should also increase planting requirements – suggest 400 sf minimum planter size, neither dimension less than 15’, with no more than 15 spaces (assuming 10’ wide spaces) uninterrupted by a bed – to reduce the heat island effect, and to soften the appearance of large areas of paving. Landscaping 125URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT areas should be clustered into larger beds – as opposed to spread among smaller, less healthy installations – in order to maximize their visual impact. Based on proposed densities, it is also likely that decks may be involved in the parking equation in this area. Decks should likewise be addressed, in terms of site placement (internal to the development, minimizing visual exposure from the road) and façade design (may involve more aesthetically pleasing precast exteriors or potential “green walls”). The C-1 and C-2 parcels that front (or are proximate to) Windward Parkway currently allow a wide range of commercial uses, consistent with the direction of the LCI plan. From a redevelopment standpoint, these are unlikely to change in the near term, but over time, new development should move closer to the street, and ensure better connectivity (in terms of automotive and alternative modes) within and beyond the development itself. Recognizing that the Regional Activity Center is likely to be the primary focus of growth and development in the Study Area, it may be useful to view it holistically as a planned mixed use development. In those terms, it should contain a mix of uses, and be interconnected by sidewalks, bike paths and mixed-use trails. Based on public input and the subsequent recommendations of the LCI plan, form-based coding may be appropriate in this Center, in order to assist with the implementation of the community vision. MCGINNIS FERRY TRANSITIONAL AREA Proposed Character: • Low scale (near residential) to medium-scale (near GA-400) • Multi-Use – Office/ Residential with limited retail • Walkable • Buffered neighborhoods • Selective conservation Underlying Zoning Categories: A, TR, MIX, C-1 Potential Modifications: This sub-area is dominated by A (Medium-Density Apartment) and TR (Townhouse Residential) designations, both of which are in keeping with the intent of the plan, in terms of use. Both A and TR have the stated intent of functioning as transitions between higher- and lower-intensity uses. What might need to be considered is building in flexibility based on the potential installation of an interchange at McGinnis Ferry. This is likely to result in increased development pressure, which the Framework Plan suggests would bend demand toward a medium-density residential format (attached and senior) as well as office. In this case, it may also be advisable to increase the maximum height allowances, particularly along GA-400 and the McGinnis Ferry corridor. Special care should be taken, however, to transition that height and density downward as development approaches residential areas to the north and west. Similar to the Regional Activity Center, areas along Webb Road and McGinnis Ferry may be considered as receiving areas for a potential Transfer of Development Rights (TDR) ordinance. With medium-density residential featured more prominently in this area, it will be important to provide pedestrian/bicycle linkages within and beyond the development themselves. This will not only encourage more sustainable, quality development, but will help reduce the potential IMPLEMENTATION TOOLS HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY ACTION PLAN DRAFT ZONING RECOMMENDATIONS traffic impacts of growth. It will likewise be important to look for opportunities to add green space and recreational areas in concert with redevelopment. The McGinnis Ferry Transitional Area does have some land that that could be targeted for conservation, in exchange for density bonuses or shared program administered by the City. LOCAL ACTIVITY CENTER Proposed Character: • Low- to medium-scale • Mixed-use – Local office and retail, with limited, targeted residential • Walkable • Minimal setbacks • Inter-parcel Connectivity and Access Management • Well-landscaped • Buffered neighborhoods • Underlying Zoning Categories: A, O-I, TR, MIX, C-1, C-2 Potential Modifications: The Local Activity Center designation brackets Highway 9, and while it is dominated by the C-1 designation, it has appreciable parcels of several others. The key here will be less about attempting to bring the disparate categories in line, and more about ensuring a consistent character throughout. The Highway 9 Design Guidelines set much of this in place, and any zoning modifications should reinforce those. Approaches for buttressing prior recommendations may include reducing front setbacks, in particular those that front Highway 9. To enhance the character and design of the corridor, buildings should present their primary face towards it, even if set back from the right-of-way. Parking between the right-of-way and building face should be minimized, though it is recognized that for larger developments, some amount of “teaser” parking might be appropriate within that setback. As a rule, however, the bulk of the parking for any development should be located internal to the site, and screen from the corridor by the building and landscaping wherever possible. The implementation of recommendations within the Local Activity Center (as well as parts of the Transitional Area and the North main Street Area) is vital as the Highway 9 corridor begins to transition from a thoroughfare that is heavily-oriented toward the automobile to a neighborhood-serving boulevard that not only accommodates but encourages multiple modes of transportation. Integrating a form-based code approach may assist this sub-area in that transition. TRANSITIONAL AREA Proposed Character: • Low -scale • Primarily medium-density residential with select local-serving retail • Walkable • Minimal setbacks, where practical • Well-landscaped • Buffered neighborhoods Underlying Zoning Categories: AG-1, CUP, R-4A, R-5A, R-15, M-I, O-I, TR, MIX, C-1, C-2 Potential Modifications: Of the five sub-areas detailed in the Framework Plan, the Transitional Area has the greatest number and widest variety of zoning designations. As in the Local Activity Center, the range of zoning may be impractical to homogenize. Rather, 127URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT IMPLEMENTATION TOOLS modifications should seek to encourage and reinforce the designated character for the area, especially with a few key strategies. Depending on the program, maintaining tight setbacks may be less applicable in this sub-area. The focus may instead be upon creating a well- landscaped, comfortable ped/bike environment that creates accessible connections between residential areas along the corridor and key activity nodes at the intersections. Generous plantings, wide sidewalks and potential medians can enhance the pedestrian environment, and make it much more likely that residents and visitors will walk among the destinations. NORTH MAIN STREET ALPHARETTA Proposed Character: • Low-scale • Local office and “unique” retail, with limited, targeted residential • Walkable • Inter-parcel Connectivity and Access Management • Well-landscaped • Buffered neighborhoods Underlying Zoning Categories: R-12, R-15, O-I, C-1 Potential Modifications: The North Main Street sub-area represents a very specific target; that is, to build upon the existing character of Downtown Alpharetta. Though there is a smaller number of zoning designations in this sub-area, they vary greatly in content, from the higher intensities of O-I and Commercial to the more sensitive residential designations. It is therefore incumbent not only to reinforce the desired character, but to do so in a way that minimizes the impact on adjacent residential properties. Similar to other sub-areas, a key strategy lies in developing a high-quality pedestrian environment, with consistent amenities, wide sidewalks and well-tended planting zones. This serves not only to active foot traffic in the area, but also to improve the general aesthetics and to reinforce the idea of “place” – that is, subtly marking the transition between Alpharetta and Milton. Another approach to improving the aesthetics and operations of the area is in addressing set- back requirements. Similar to other sub-areas, and consistent with the existing Highway 9 Design Guidelines, new development should abut the pedestrian area and should face the corridor. Given the shallow nature of most of the lots in this sub-area, there should be no parking between the buildings and the street. All lots should occur behind the buildings, or - where impractical due to site constraints - should be screened by landscaping. Similarly, adjacent parcels should consider shared drive and parking arrangements and establishment of inter-parcel connectivity between rear lots. This connectivity allows for fewer curb cuts, and fewer curb cuts means fewer interruptions to traffic and fewer potential pedestrian conflicts. This promotes better traffic flow for automobiles and a safer sidewalk environment for pedestrians. HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY ACTION PLAN DRAFT COMMERCIAL STRATEGY An analysis of the historical and future demand fundamentals of the Milton market as well as conversations with local sources suggest that greatest implementation tool to facilitate future commercial and housing development is well located, appropriately zoned and available land. We propose the following to put the LCI area in a stronger position to recruit new commercial development, expand existing businesses, and thereby strengthen the commercial tax base: • Develop an ombudsman function to facilitate all permitting, licensing, and other issues for commercial users Including an initiative to “green-tape” new commercial development in appropriate locations (i.e. expedited regulatory permitting and paperwork for businesses and property owners as long as they clearly meet community standards) • Seamless business licensing procedures that allow speed and predictability for enterprises and building owners • Partnerships with organizations like the Small Business Administration and area financial institutions to facilitate the provision of grants and loans to businesses seeking to grow in Milton • Allocating internal resources within and beyond the city departments to proactively embrace the business and development community • Create place-making investments in business districts and commercial areas that signal to the marketplace overall enhanced marketability. • Develop a “branding campaign” that publicizes Milton’s new commitment to businesses To facilitate the future development of housing to accommodate the growing senior population in Milton, the following process may be undertaken: • Identify potential properties throughout the corridor that are most ideally suited for senior housing. Properties that are likely to present the greatest opportunity are those within close proximity of seniors’ adult children and have strong access to retail or the opportunity to be developed as a part of larger development with a mix of uses including retail and services. • Analyze current zoning of the properties identified to assess if the permissible zoning in place is conducive to allowing for higher- density multi-unit senior structures. • Reach out to the property owners of those properties to gauge their interest in participating in a land assemblage (if necessary) to provide adequate acreage to accommodate a senior facility, and create a zoning over-lay to provide for that option if and when properties are redeveloped. • Facilitate the marketing of the land assemblage/identified land to senior housing builders and developers for the development of senior housing as properties are available. • Engage MARTA in an effort to identify current and potential nodes of senior populations, and plan bus routes accordingly. Much of the current senior housing, and much of the study area that is designated as accommodating future senior housing opportunities, lies along major corridors and thus should not prove problematic to bus service. Consider as well providing senior-friendly accommodations at nearby stops, including bus shelters with adequate seating, and accessible waiting areas with ramp access (in place of steps) wherever possible. LIFELONG COMMUNITY STRATEGY 129URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT IMPLEMENTATION TOOLS OPEN SPACE Concurrent to the LCI process, the City of Milton was also engaged in a Parks and Greenspace study. While the full impact and recommendations of the study has not yet been established, interim meetings between the two efforts provided a sense of the direction that the study was heading. One of the key interim recommendations was that the City was not, in the near future, going to acquire land for development of open space and recreation amenities. To that end, the LCI plan attempted to work with a framework of publicly-incented and privately-established implementation. The TDR effort may provide one mechanism for provision of green space. By offering density bonuses to development via the TDR mechanism, vertical construction can be encouraged, preserving more of the ground plane. In so doing, TDR conditions can ensure a percentage of set- aside, and include conditions for public access. Another option is to take the opportunity to modify or overlay the current zoning regulations to reduce the buildable (and paveable) area of a development, perhaps in return for more vertical flexibility. Similar to the situation with TDRs, covenants should specify public accessibility to the green space, and ensure programmatic utility – that is, green space applied can in fact be occupied and enjoyed by the residents of the City. Another important piece will be the continued expansion of the sidewalks and trails networks, and making sure that any new open space is plugged into that network. Trail and sidewalk connections improve accessibility, and accessibility improves utility, meaning that the City can make due with less park space if it is easier to visit. From a capital expenditures standpoint, there is some additional dovetailing with the Parks study. By and large, the community preferred lower intensity programming - such as trails and passive open space – to higher-intensity uses like playgrounds and recreation centers. The passive programming is as a rule less expensive to implement and maintain, which should provide some level of relief to the green space budget. From the point of view of the City of Alpharetta, it may be more efficient to add greenspace through development bonuses and regulations. Though those areas of the Study Area that are City of Alpharetta are not, for the most part, designated for vertical development, it still may be possible to add some smaller pockets of greenspace in concert with select redevelopment efforts. Larger projects may be of less strategic interest considering there is already a City of Alpharetta park to the north, and any additional open space would be somewhat removed from the heart of the City itself. 25 YEAR PROJECTIONS 131URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY ACTION PLAN DRAFT Long-term demand opportunity suggests an additional 1,700 to 2,500 households in the city of Milton by 2040, up to 550,000 additional square feet of retail, and up to 500,000 additional square feet of office. As shown above, there is a base, moderate, and aggressive demand scenario for each use. The “base” scenario was driven by ARC’s projected household rate of growth of census tracts 11501 and 11604 which are most consistent with the boundaries of the City of Milton. The “aggressive” scenario is more reflective of the household growth rate demonstrated in Milton and Alpharetta over the past ten years. The “moderate” scenario is the average of these two scenarios. In addition to analyzing household growth rates to determine future demand, we also analyzed historical home sales volume in Milton and the relationship between households and commercial space in Milton, Alpharetta, and the Atlanta MSA. It is important to note that the demand opportunity shown in the table is not constrained by land availability. In addition, the retail and office and opportunity shown is heavily tied to projected housing growth. In short, if the housing growth does not materialize as projected, it will impact the retail and office demand opportunity projected. Please see the appendix for additional details on the demand methodology. ADDITIONAL HOUSEHOLD GROWTH Base projections for household growth in Milton are tied to ARC’s projections of an average annual growth rate of .6% per year. Historically, Milton and Alpharetta households have grown at over 1% per year, which is reflected in the aggressive scenario. As noted, only 5% of Milton employees live and work in Milton suggesting a significant opportunity to provide additional housing to accommodate more employees in the area. While 133URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT 25 YEAR PROJECTIONS there is not enough land to accommodate all employees, nor will all of them choose to live in the area, there is certainly an opportunity to provide some additional housing to local workers. In addition, the projected growth in households 55+ suggests an opportunity to accommodate a growing base of senior households. Given limited land availability in the corridor and the households which are projected to see the largest amount of growth (young professionals and seniors), attached and multi-unit housing presents the greatest future opportunity in the corridor. RETAIL OPPORTUNITIES Based on our assessment of the market, land availability, and performance of retail in the area, the greatest opportunity for additional retail is in a mixed use format. The retail opportunity shown in our demand is for all retail, so the mixed use would be a smaller portion of that overall demand. We anticipate this type of space to account for 15 to 20% of new retail space. To determine the overall retail opportunity an analysis of the ratios of retail square feet per household within the Atlanta Metro area, Roswell/ Alpharetta, and the zip code that encompasses Milton (30004), were analyzed to determine the typical square feet “supported”. It is important to note that the retail numbers include all retail, so the spectrum of convenience store to mall is included in the total retail square feet. The analysis showed 218 SF/HH in Roswell/Alpharetta and 30004 zip code, and 178 in the Atlanta Metro overall. The higher retail ratios in Alpharetta/ Roswell and 30004 are reflective of the demand from regional employment as well as households in the area. Assuming for continued support from regional employment and surrounding households, 218 SF/HH to the projected household growth in Milton. In addition, an assessment of the expenditures per household was conducted to identify the additional retail that would be supported purely from household growth in Milton. Using these two methods it shows that about 60% of support is likely to come from households and local demand, while 40% is likely to come from regional demand (stemming from the concentration of employment). It is important to note that the retail projections shown are based on projected household growth in Milton, so if that household growth is not realized, then the projected retail will not be as great. OFFICE OPPORTUNITY The demand opportunity shown for office is predominantly for local serving office, which is most heavily tied to household growth projections in the City of Milton and surrounding area. Local serving office users include small professional services such as lawyers, accountants, etc., which predominantly serve the households in Milton. Office space over and above the forecasts shown will need to be supported by regional serving employment. As noted previously, future regional serving employment must be located in an office park or similar location that has strong regional access and would appeal to a regional serving employer. Given the existing base of regional serving office and Milton’s position within the North Fulton office market, we anticipate sustained demand from regional users. LCI PROJECT GOALS 135URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT HWY 9/GA 400 MASTER PLAN LIVABLE CENTERS INITIATIVE STUDY ACTION PLAN DRAFT 1. Efficiency/feasibility of land uses and mix appropriate for future growth including new and/or revised land use regulations needed to complete the development program. The Highway 9/GA 400 Area Master Plan recommends a series of detailed sub-areas that outline appropriate mixes and intensities for future development and redevelopment. Each sub-area was identified through a process that examined existing conditions and public feedback while utilizing the expertise of the planning team. This process has ensured that each sub-area is accepted locally and appropriate for the area. Each sub-area is intended to differentiate itself from the rest through a mixture of land uses and scale. The plan encourages a clustering of uses in a Regional Activity Center and a Local Activity Center to build value and create a walkable, dynamic environment. The remaining sub-areas also encourage a mixture of land uses, but are intended to transition between the larger Activity Centers to neighboring residential areas. In order to implement the proposed sub-areas, the Plan includes revised land use policies and regulations to enhance site, architectural, and landscape design in keeping with Milton and Alpharetta’s high quality of life while accommodating future growth in appropriate areas 2. Transportation demand reduction measures. The Highway 9/GA 400 Area Master Plan reduces transportation demand by encouraging a clustered mixture of uses in the Regional Activity Center and Local Activity Center. These Activity Centers will have greater walkability, interconnecting bicycle paths, and access to current and future transit. The pedestrian and bicycle enhancements and lifelong community strategies provide greater opportunities for multi-modal or alternative transportation travel. 3. Internal mobility requirements, such as traffic calming, pedestrian circulation, transit circulation, and bicycle circulation . The Highway 9/GA 400 Area Master Plan includes development policies and infrastructure improvements to enhance pedestrian and bicycle facilities. The Plan recommends short-term coordination with MARTA to improve use and access to bus routes and future pedestrian/bicycle enhancements to link to potential future transit service along GA 400. The Plan also encourages long term strategies that increase bicycle and pedestrian connectivity through a series of streetscapes, bike lanes, and off-road path systems. 4 .Mixed-income housing, job/housing match and social issues. The Highway 9/GA 400 Area Master Plan promotes a greater variety of housing products through a mixture of uses within the Regional and Local Activity Centers. These Activity Centers have the opportunity to match the area’s job base to housing opportunities for young professionals. The plan also includes lifelong community strategies to provide opportunities for Milton and Alpharetta residents to age in place while moving to lower maintenance housing in close proximity to goods and services. 5. Continuity of local streets in the study area and development of a network of minor roads The Highway 9/GA 400 Area Master Plan includes projects to improve local streets and to create new connections. Local streets such as Highway 9, Morris Road, and McGinnis Ferry Road have been identified through the planning process as 137URBAN COLLAGE, INC. • KIMLEY-HORN AND ASSOCIATES, INC. • RCLCO DRAFT LCI PROJECT GOALS streets that require improvements for bicycles and pedestrians. New street connections are encouraged wherever possible. The Plan recommends a new connection somewhere between Highway 9 and Deerfield parkway in order to facilitate better connectivity between the newly identified sub-areas. 6. Need/identification of future transit circulation systems. The Highway 9/GA 400 Area Master Plan identifies short term and long term transit improvements. The short term improvements are intended to modify existing bus routes to accommodate older riders along Highway 9 and Cogburn Roads that have trouble getting to the Local and Regional Activity Centers. Long term transit improvements include potential multi-use bicycle/pedestrian trails that would link a regional transit station near GA 400 to the rest of the LCI study area. 7.Connectivity of transportation system to other centers. The Highway 9/GA 400 Area Master Plan includes strategies to increase connectivity to other center through corridor improvements, bicycle paths, and multi-use trails. The Plan enhances Highway 9 as a multimodal corridor creating greater linkages between Alpharetta, Milton, and Forsyth County. The Plan also encourages on-street bicycle connections to the Big Creek Greenway and off- street bicycle connections to future transit along GA 400. 8. Center development organization and management, promotion, and economic restructuring. The Highway 9/GA 400 Area Master Plan includes recommendations to increase economic development efforts in Milton. The Plan recognizes opportunities to build a stronger commercial base in the Regional Activity Center and the Local Activity Center and to tie Alpharetta’s North Main Street into the Cities Downtown Investments and promotions. 9. Stakeholder participation and support. The Highway 9/GA 400 Area Master Plan included a significant amount of public participation and support. The Planning process included a written survey, an online survey, and four public workshops. The online survey gathered over 600 responses. The four public workshops allowed the planning team to work closely with local stakeholders through a series of exercises aimed at fine tuning the expectations for the future of the area. This process helped to communicate the opportunity to build value in the area without infringing upon residential neighborhoods and quality of life. 10. Public and private investment policy. The Highway 9/GA 400 Area Master Plan recognizes the importance of public and private investment. Public investment is needed to enhance zoning and development regulation that will ensure the proper development pattern for each of the Activity Centers. Private investment will fuel improvement in the Activity Centers by allowing local stakeholders to work with the cities to realize the vision for the area. Several major property owners have been involved in the LCI process and should be in a position to work with the cities to help create catalytic projects for the area. 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 270 DAYS ON THE ENFORCEMENT OF THE LICENSE AND INDEMNITY BOND REQUIREMENT ASSOCIATED WITH THE PRECIOUS METALS DEALER PERMIT REQUIRED FOR PRECIOUS METALS DEALERS IN THE CITY OF MILTON WHEREAS, the City of Milton, Georgia (“the City”) has been and continues to be a thriving municipality in an area where precious metals dealers seek to do business; WHEREAS, the Mayor and City Council presently have in effect a regulatory framework set forth in Chapter 42 of the City of Milton City Code (“City Code”) wherein persons may apply for and receive Precious Metals Dealer Permits in order to purchase or sell precious metals, among other items covered by this Chapter; WHEREAS, in accord with this framework, Chapter 42, Article III, Section 3(g) of the City Code requires persons holding a Precious Metals Dealer Permit to furnish to the City a license and indemnity bond in the amount of $100,000 in order to indemnify the City of Milton from any losses as a result of the City’s issuance of the Precious Metals Dealer Permit, and to indemnify any owner or former owner of precious metals from any losses as a result of the permittee’s violation of Article III of the City Code; WHEREAS, the Mayor and City Council find that other jurisdictions in the metropolitan Atlanta area either do not have, or have rescinded, similar license and indemnity bond requirements upon precious metals dealers; WHEREAS, the Mayor and City Council find that given the current insurance market, a requirement of a license and indemnity bond in the amount of $100,000 may be overly burdensome upon persons seeking a Precious Metals Dealer Permit from the City; WHEREAS, the Mayor and City Council find and believe that precious metals dealers must be regulated in order to protect the public; and WHEREAS, the Mayor and City Council believe and find that it is critical that certain provisions of the City Code addressing the issues identified above be examined and possibly modified; and WHEREAS, the Mayor and City Council desire to develop revised standards and guidelines for the issuance of Precious Metals Dealer Permits; and WHEREAS, the Mayor and City Council find that a 270 day moratorium upon the singular requirement that persons holding a Precious Metals Dealer Permit furnish the City with a license and indemnity bond in the amount of $100,000 will allow adequate time to review and revise those above-mentioned City Code provisions related to precious metals dealers; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: 2 The Mayor and City Council does hereby enact a 270 day moratorium upon the provisions of Chapter 42, Article III, Section 3(g), the requirement that persons holding a Precious Metals Dealer Permit furnish the City of Milton with a license and indemnity bond in the amount of $100,000. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton. SO RESOLVED, the public’s health, safety, and welfare demanding it. This 23rd day of April, 2012. Approved: ____________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal)