HomeMy WebLinkAboutMinutes CC - 06/18/2012 - MIN 06 18 12 REG (Migrated from Optiview)RegularMeetingof the MiltonCityCouncil
Monday,June 18,2012 at 6:00 pm
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hwi This summary is provided as a convenience and service to thepublic, media, and staff. It is not the
intent to transcribe proceedings verbatim.Any reproduction of this summarymust include this notice.
Public comments are noted and heard by Council,but not quoted.This document includes limited
presentation byCounciland invited speakers in summary form.This is an officialrecord ofthe Milton
CityCouncilMeetingproceedings. OfficialMeetingsare audio and video recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on June 18,2012 at
6:00 PM,Mayor Joe Lockwood presiding.
INVOCATION
Community Minister Tass Welch,Community Christ Church,Milton,GA
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Councilmembcrs Present:Councilmember Karen Thurman,Councilmember Matt Kunz,
Councilmember Bill Lusk,Councilmember Joe Longoria,Councilmember Burt Hewitt,and
Councilmember Lance Large.
PLEDGE OF ALLEGIANCE
Led by the Mayor.
APPROVAL OF MEETING AGENDA
(Agenda Item No. 12-148)
Motion and Vote:Councilmember Longoria moved to approve the Meeting Agenda with the following
changes:
• Add Executive Session to discuss land acquisition.
Councilmember Hewitt seconded the motion.The motion passed unanimously (7-0).
r PUBLIC COMMENT (None)
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 2 of 44
CONSENT AGENDA
1. Approval of the May 21, 2012 Regular Council Minutes.
(Agenda Item No. 12-149)
(Sudie Gordon, City Clerk)
2. Approval of the June 4, 2012 Regular Council Minutes.
(Agenda Item No. 12-150)
(Sadie Gordon, City Clerk)
3. Approval of Financial Statements for the Period Ending May, 2012.
(Agenda Item No. 12- 151)
(Stacey Inglis, Finance Director)
4. Approval of a Contract with Robert Buscemi, AIA, for the Purpose of Providing Professional
Design Services for Selected Development Plans.
(Agenda Item No. 12-152)
(Kathleen Field, Community Development Director)
5. Approval of an Interagency Agreement between the City of Milton and Progress Partners of N.
Fulton Atlanta.
(Agenda Item No. 12-153)
(Chris Lagerbloom, City Manager)
Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember
Hewitt seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Bill Hayes, Code Enforcement Officer.
(Presented by Mayor Joe Lockwood)
FIRST PRESENTATION
Approval of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to Authorize the Sale of
"Growlers"; to Provide for an Effective Date; and to Repeal Conflicting Ordinances.
(Agenda Item No. 12-154)
(Stacey Inglis, Finance Director)
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-154.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
PUBLIC HEARING
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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(Zoning is transcribed verbatim)
ZONING AGENDA
1. RZ12-05NC12-02 — 633 North Main Street by Jenmark Company to rezone from MIX
(Mixed Use) to C-1 (Community Business) to expand a 6,000 square foot retail building
by 6,000 square feet to utilize the basement for a total of 12,000 square feet. The
applicant is also requesting a concurrent variance to delete the 10 foot landscape strip
along the south and east property lines of the out -parcel [Section 64-1090(b)].
(Agenda Item No. 12-140)
ORDINANCE NO. 12-06-135
(First Presentation at June 4, 2012 Regular Council Meeting)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director:
• Thank you Mr. Mayor and members of the City Council.
• The subject site contains 1.01 acres.
• The applicant seeks a rezoning to C-1 which is Community Business.
• The site is part of an overall Mixed Use Development currently zoned MIX (Mixed Use)
pursuant to RZ04-95 part of the Watercrest Village Shopping Center.
• The overall shopping center is developed with sidewalks, landscape strips, and lighting.
• The subject site is developed with a 6,000 square foot retail building formally a liquor store and a
6,000 square foot basement currently allowed for storage.
• The next slide shows the existing zoning of the site and you can see the site is part of what is
currently zoned Mixed Use.
• The next slide shows a picture of the subject site from State Route 9.
• The background of the subject site.
• The applicant is requesting the expansion of the existing building by utilizing the 6,000 square
foot of basement area for retail use.
• By converting the storage into retail space the maximum approved square footage pursuant to
RZ04-95 would be exceeded.
• Staff knows that the applicant has applied for a business license and indeed has started business
at this point to utilize the first floor as retail space and the basement as storage until the
application is heard by the City Council tonight.
• You have before you the site plan that was submitted to us.
• We did the site plan analysis and under the required development standards under the C-1 zone,
the minimum lot frontage requirement would be 35 feet and the plan is consistent with that.
• The height for C-1 is 30 feet from average grade to roof eave and the plan is consistent with that.
• The front yard needs to be forty feet from the right-of-way and again the plan is consistent with
that.
• In terms of the side yard and landscape requirements in the rear yard, we will move on to the
next slide.
• We have to go into the State Route 9 Overlay District requirements for landscaping.
• As we look at the landscaping requirements, we find that the front yard, the 20 foot landscape
strip is consistent.
• The side yard along the west property line requiring a 10 foot landscape strip is also consistent.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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• However, the side yard along the east property line and the rear yard which is the south property
line which require 10 foot landscape strips.
• The plan is inconsistent, hence the need for concurrent variance.
• The request to concurrent variance is to delete the landscape strips along the interior east and
south property lines.
• Based on the fact that the site is already developed with paving and parking, it is staff's opinion
that relief, if granted, would not offend the spirit or intent of the zoning ordinance.
• The existing paving creates an unnecessary hardship not caused by the applicant and would not
cause a substantial detriment to the public good and surrounding properties; therefore, staff
recommends approval of conditional VC -02.
• Continuing along with reviewing the State Route 9 Overlay District requirements under fencing,
we know that the applicant would be required to provide fencing per the Overlay District.
• In terms of other site plan considerations, specifically parking, the site plan indicates 69 spaces
within the 1.01 acre site.
• A total of 48 spaces are required based on the calculation of 4 per 1,000 square feet and the plan
is consistent.
• Regarding public involvement, there were no comments from the DRB.
• At the CZIM meeting, two neighbors were in attendance because they thought the request was to
delete the buffer landscape strip between Winthrop Chase and the development.
• The applicant's attorney explained that it was a request to delete the landscape strip within the
development, hence, the neighbors were satisfied with the explanation.
• The applicant has also submitted a public participation report.
• Standards are reviewed which we are required to do.
• We have determined that the proposed development will be suitable in view of the current use
and development of adjacent nearby property and is consistent with nearby development of
general service retail and restaurants to the west, east, and north of the subject site.
• It is staff's opinion that the proposal will not adversely affect the existing or usability of the
adjacent properties.
• The subject site would have a reasonable use as currently zoned MIX Mixed Use.
• Continuing along with standards of review.
• The 2030 Comprehensive Land Use Plan Map suggests retail and service and the proposed use is
consistent with the map suggestion.
• The proposed expansion requires a request to rezone based on the fact that the additional retail
space exceeds the approved density for the site; therefore, the applicant is requesting a C-1 which
is consistent with the 2030 future land use plan designation, as well as, consistent with adjacent
and nearby retail development zoning.
• Recommended conditions are attached at the end of the staff report on pages 18 and 19.
• The summary of those conditions are as follows:
• The applicant be restricted to a total of 12,000 square feet for retail, commercial, and/or
office with exclusions as previously approved by the City Council.
• Shared parking is allowed as approved in the existing zoning RZ04-95.
• Staff recommends approval of VC 12-02 to delete interior landscape strips along the south
and east property lines.
• In conclusion, the proposed re -zoning is consistent with adjacent and nearby zoning and uses.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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• In addition, it is consistent with the 2030 future land use plan which recommends retail and
service; therefore, staff recommends approval conditional of RZ12-05 and approval of
VC 12-02 to delete the 10 foot landscaping strips along the south and east property lines.
Burt Hewitt, Councilmember:
• So, Kathy, basically the only changes that we would see goes on inside this building, nothing on
the outside changes except maybe the addition of a fence.
Kathy Field:
• Correct, Correct, that is exactly right.
Pete Hendricks, 6085 Lakeforrest Drive, Suite 200, Sandy Springs, GA 30328
• Staff's presentation was pretty exhaustive.
• I originally zoned this property back within the fold of Fulton County for Tony and he is the one
who developed the overall property and it is sort of silly that we are having to come in front of
you because we have a 12,000 square foot building as was commented as you see fit to make the
approvals that have been requested.
• The property will continue to look and function exactly the way it is right now.
• As commented, the only question that bubbled up at the Community Zoning Information
Meeting and that was with the folks to the west of the property concerned potentially that the
request for deletion of landscape strip was applicable to what would be their common property
line and when they understood that that was not the case, then there was no further issue and
nobody else through the process has surfaced.
• We had our public participation meeting that was required.
• One person showed up just inquiring what it was that we were asking them to do.
• This has come up because with the parcelization of the property, your development standards get
triggered as to this piece of property; therefore, the landscape strips that we are asking for the
concurrent variance relief on, all of a sudden came into play and obviously if you take a look at
the site plan of the property, with interparcel access between the properties share parking with
the properties the properties could not continue to function as it is functioning right now without
that relief.
• The owner/applicant is here as a new business participant for the City of Milton.
• If you have any questions, they will be delighted to respond.
• They agreed with the conditions put forward by staff and we simply would request that you
approve the application as requested and as suggested to be conditioned by your staff.
• Thank you.
Bill Lusk, Councilmember:
• 1 visited this site last week and met with the store manager who took me on a tour of the facility.
• As regards to the landscaping issue that has come up here, I think the landscaping around the
building more than compensates for any loss of any other landscaping strips. It is well done. A
very nice job. I am happy to see them move into the city here and fill up a see through building
and hopefully that will encourage other businesses to come in up and down the Hwy. 9 corridor.
I am happy to see them onboard.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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Lance Large, Councilmember:
• Again, I would like to reiterate what Councilmember Lusk had to say. Thank you for selecting
Milton to open a business and fill up some of the empty space that we have here. I haven't
visited the site personally, but I'm sure my wife will.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 12-140.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
2. RZ12-06/VC12-03 — Deerfield Parkway by Crescent Resources, LLC to rezone from C-
1 (Community Business) and O -I (Office Institutional) to A (Medium Density
Apartments) to develop a total of 256 residential units at an overall density of 12 units per
acre. The applicant is also requesting the following concurrent variance: To encroach
into the 25 foot non -impervious setback by no more than 5,000 square feet [Section 20-
426(2)].
(Agenda Item No. 12-141)
(First Presentation at June 4, 2012 Regular Council Meeting
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director:
• Thank you for your indulgence.
• The subject site contains 21.36 acres which are undeveloped.
• The applicant seeks to rezone to A (Medium Density Apartment District).
• The existing zoning is currently C-1 (Community Business) for an assisted living facility and
special school pursuant to RZ10-05/U10-01 for the northern portion of the site.
• In the southern portion of the site plan, the existing zoning is O -I (Office Institutional) at a
density of 19,191 square feet per acre pursuant to Z99-11.
• Most recently approved pursuant to ZM 10-03 for a 40,500 square foot data center.
• The site is located within the Deerfield Overlay District.
• The next slide shows the existing zoning and you will see the C-1 as well as the O -I on that site.
• This is a picture showing the subject site for Deerfield Parkway.
• You can see it is undeveloped.
• The overview of the applicant's request, the applicant is requesting to rezone to A (Medium
Density Apartment District) for 256 multi -family apartment units.
• No more than 26 three-bedroom units.
• The balance of the rest of the units to be one and two bedroom units.
• The proposed development would not be gated but provide interconnectivity to adjacent
properties.
• Provides open space to preserve trees.
• Provides pedestrian paths within the development and interconnectivity with the existing
sidewalk system.
• Amenity areas would be scattered on the site.
• A farmer's market near Deerfield Parkway is proposed for the general population.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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• The site will provide residential buildings along central roads with parking behind with some on
street parking.
• The next slide shows the revised site plan that was done on June Oh of this year.
• Regarding the site plan analysis, we looked at the development standards for A (Medium Density
Apartment District) and the standards are as follows:
• For required building setbacks, the front needs a setback of 40 feet and the plan is consistent.
• For sides and rear, a setback of 25 feet is needed and the plan is consistent.
• The required building height is no more than 45 feet or three stories as measured from
average grate.
• The proposal by the applicant is 45 feet so it is consistent.
• Staff has provided a condition to make sure that indeed that height is restricted to 45 feet.
• Continuing with the site plan analysis, the required minimum heated floor area for each unit is
700 square feet.
• The applicant did not indicate the minimum heated floor area.
• Required maximum lot coverage.
• The area of the footprint of all buildings and parking does not exceed 40% of the total land area
and is, therefore, consistent.
• In regard to parking regulations, based on the location of MARTA bus stops located within 1500
feet of the site, the zoning ordinance allows a 5% reduction of the parking requirement.
• In addition, the applicant is requesting a 10% administrative reduction parking requirement;
therefore, a total of 402 parking spaces are required and a total of 402 parking spaces are shown
so the parking is consistent.
• The next slide shows the parking chart in terms of the number of spaces that would be required
plus the reduction of being near a bus stop, as well as, the administrative reduction which shows
the 402 spaces.
• The next slide talks about required landscape strips.
• The requirement is for a 20 foot front strip along Deerfield Parkway and the plan is consistent.
• There is also a 10 foot strip along the interior property lines and, again, the plan is consistent.
• In terms of pedestrian circulation, staff recommends that the paths be constructed of pervious
materials.
• Staff requires that two MARTA bus stop shelters be provided with no advertising on them as
approved by the Design Review Board.
• The site plan indicates a comprehensive internal pedestrian network.
• Staff observes that pedestrian interconnectivity and bus shelters assist in meeting the vision of
the Highway 9/GA400 master plan.
• The first two items listed above will be reflected in the recommended conditions.
• Regarding vehicular circulation, the site plan indicates two full access entrances on the property.
• The south entrance road meanders through the property and provides and inter -parcel connection
with the adjacent Fry's parking lot.
• This is consistent with the vision of the Highway 9/GA400 master plan.
• The proposed connection also decreases the size of the super block and provides for vehicular
connectivity.
• Staff is also requiring a third entrance with a right in/right out access on the northern portion of
the site to eliminate the dead-end on the original site plan that was submitted.
• Staff is also requiring inter -parcel access with the adjacent property to the south which is
currently undeveloped.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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• These access requirements will be reflected in the recommended conditions.
• In regard to the concurrent variance 12-03 to encroach into the 20 foot non -impervious setback
by no more than 5,000 square feet.
• Staff has determined that the retention facility, whether earthen or wall structure, is permitted
within the 25 foot non -impervious setback; therefore, staff recommends that there is really no
need for this concurrent variance so, therefore, recommends that it be withdrawn.
• Regarding comments from staff and outside agencies, the City Arborist has weighed in and says
that the applicant should work with the existing conditions of the site as much as possible rather
than modifying the site for mere simplicity.
• Existing topography and vegetation should be given strong consideration.
• For the revised site plan, approximately 11 specimen trees are proposed to be removed equating
to 143.7 tree density units to be recompensed.
• Recompense required will be 205 four inch caliber hardwood/canopy trees.
• Since specimen trees removed or preserved may vary, final count will be done during a land
disturbance permit process.
• The Fulton County Board of Education has reviewed this application and finds that for a multi-
family development with 256 units, the Board of Education expects approximately the following
number of students:
• Elementary School students — 43
• Middle School students — 9
• High School students— 10
• For a total student population of 62 at this development.
• This development will be located in the Manning Oaks Elementary School, Hopewell Middle
School, and Alpharetta High School zones for the 2012-2013 school year.
• Public Involvement - The DRB reviewed this application and their comments a summary of
which comprise that it looks beautiful, gorgeous, surprised it is not gated, applaud embracing the
retention pond and expanding on it.
• CZIM — one person indicated interest in the site.
• Public Participation Report — the applicant submitted a Public Participation Report and there
were nine members of the community in attendance at their meeting.
• The required standards of review have been done and it is determined that although the proposed
development is not consistent with similar type of uses in the area, it is consistent with the newly
adapted Highway 9/GA400 master plan with a Regional Activity Center where this site is
located.
• The master plan recommends that the Regional Activity Center provide mixed-use development
with higher density residential as one component.
• There is retail commercial adjacent to the northwest and west, office to the north, south, and east,
and residential to the southeast.
• The proposed development may not adversely affect the existing uses nearby or adjacent uses if
developed with the recommended conditions.
• The property does have a reasonable economic use as it is currently zoned C-1 (Commercial
Business) O -I (Office Institutional) as well as a 72 bed assisted living facility and special school.
• In addition, a data center is approved for the southern portion of the site which is also zoned 0-1
(Office Institutional).
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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• It is staff's opinion that the proposed use may cause an increase burden on the streets and
transportation facilities and schools; however, the increase should be mitigated with the
recommended conditions that provide for interconnectivity between uses.
• The Milton City Council approved the State Route 9/GA400 master plan on April 23, 2012.
• The proposed development is consistent with the following plan policies for the Regional
Activity Center and recommended parcel development approved with the recommended
conditions as shown on the staff report on pages 20-22.
• The policies include the following that were in the approved plan:
• That development be medium scale; multi -story development or re -development.
• That the development offer a mix of uses including regional office retail within a multi -use
environment and residential.
• Likely attached are staff products; not necessarily on the same site.
• That it encouraged a more compact and connected development pattern.
• That the development would connect adjacent residential, particularly new residential
development, to commercial areas where appropriate.
• That the plan require significant landscaping and green space as a component of development
and redevelopment.
• You can see we took a slide or picture, basically, out of a page within the recently approved
Highway 9/GA400 master plan and, actually, this very site was included within that report and it
is shown here for your review.
• Continuing with the Standards of Review.
• The Staff notes that the proposed re -zoning will not have a negative efYect on the environment
and natural resources based on the fact that the site plan indicates compliance will require a
stream buffer and non -impervious setback.
• Staff has determined that the concurrent variance VC12-03 is no longer needed.
• The site plan indicates that some of the specimen trees will be preserved as well as open space
will be provided along the eastern property line and the area in the central area of the site.
• Recommended Conditions.
• Specific conditions are attached at the end of the Staff report pages 20-22.
• A summary of those conditions are as follows:
• That no more than 256 units be developed at 12 units per acre.
• That there be no more than 26 three-bedroom units.
• The height shall not exceed 45 feet.
• Two bus shelters shall be provided without signage as approved by the DRB.
• Internal multi -use trails should be constructed of pervious material as approved by the
Community Development Department.
• Two full access drives will be provided plus one right in/right out access on Deerfield Parkway.
• A 50 foot access easement along the southern driveway from the Deerfield Parkway right-of-way
the location on the south property line will be provided in order to provide interparcel access to
the property to the south.
• Also, to be provided, will be a 50 foot access easement free of any structures or utilities or
vehicular and pedestrian interparcel access on the northwest property line (Fry's parking lot).
• Conclusion.
• The proposed 256 multi -family development is consistent with the policies intent of the City of
Milton Highway 9/GA400 master plan if approved with the staff's recommended conditions.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 10 of 44
Therefore, staff recommends that this request to rezone to A (Medium Density Apartment
District) RZ12-06 be approved conditional.
Further staff recommends withdrawal of VC 12-03.
Matt Kunz, Councilmember:
• This may be a question for Carter Lucas as well.
• One concern I have about this plan is the interconnectivity issue with Verizon.
• The LCI Plan had actually talked about doing interconnectivity but having lived in an apartment
complex like this, 1 worry about kids and safety when I look at this roadway, right here, being
interconnectivity in the morning, kids waiting on a bus stop being there.
• When I look at it, 1 just see cars zipping through that thing getting through and I haven't really
been sure if we have looked at the safety of that particular interconnectivity based on it being an
apartment complex and connection with Verizon.
• This is just a thought but it concerns me and if we had thought about that.
• In comparison, as well, if we look back at the LCI study that we did, we had a roadway going
right in the middle of that with businesses on either side and living centers on the outside of that
for that interconnectivity.
• Right here, I see a parking lot right there where kids throw balls and things like that during an
interconnectivity aspect when cars are driving through without a care for the people in the
apartment complex.
• This is just a concern.
Carter Lucas, Public Works Director:
• It could be a valid concern.
• It is not something that we have looked at so far in this process but certainly something that we
can review during the develop permit process.
• Anytime you handle interconnectivity between parcels that is certainly something to consider.
• I think the goal is to provide interconnectivity between the parcels but not necessarily create a
convenient cut -through for traffic that may be trying to avoid some of the signals.
• That is certainly something we can look at as we work our way through the development process
if this proceeds.
Councilmember Kunz:
• That would be important to look at.
.Joe Longoria, Councilmember:
• Kathleen, I've got concerns about how this changes the dynamics of the type of property we
have in the Highway 9 area. I mean, Highway 9 for the most part is most of the multi -family
living area in the City of Milton. So, I wanted to know, do you have any idea how changing this
impacts the amount of C-1 or O -I land that is available in the Highway 9 area by percentage?
Does it represent 2% of the non-residential type of property that is available there? Do you have
any idea what the percentage is?
Kathleen Field: J.,
0 No, Robyn, do you have any thought at all about that?
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page I 1 of 44
Robyn MacDonald, Planner:
• We just calculated 126 undeveloped acres that is sewered in this area which includes some in
Crabapple so maybe 100 acres is left over.
Councilmember Longoria:
• Because obviously there is a tax revenue to cost ratio that is key to the city being able to operate
and deliver services that the citizens have come to expect and not that the development wouldn't
look good, that the property wouldn't be developed to a high standard, any of that, it's the impact
that it presents to the city in terms of how do we generate revenue to deliver services.
Kathleen Field:
• That is a point, clearly, there is only a finite number of sites that are undeveloped and could be
re -developed for additional density and they are finite.
Councilmember Longoria:
• I was part of the group that voted on VC 12-03 and I was looking forward to that type of
development going in here because I think that Deerfield is one of the few places that we have
that capability and so by changing it we are going to lose something that we can't put someplace
else in the city is what I am worried about.
Karen Thurman, Councilmember:
• Yes, I have a question for staff. I know we have paid to have a consultant do us up a cost
analysis of different kinds of zoning and different kinds of properties. When will we be
receiving that because, to me, that kind of information is very important with this kind of zoning
and I feel like even though the financial impact of any zoning shouldn't determine the decision
that is made it has to impact the decision that is made so I would really like to have that kind of
information prior to re -zoning a piece of property that is this large.
Chris Lagerbloom, City Manager:
• You will have it soon, I guess, is the best I can tell you. We saw the first example of that, I think
you are referring to the Cost of Services model that we have the University of Georgia putting
together for us. We saw the first roll out but it really wasn't a roll out it was kind of just a first
presentation to members of staff last week. Obviously, when you go through and you work
through assumptions and you work through models like that it takes a couple of different tweaks
before you end up with something that is useable or presentable to the council. So, that is the
phase we are in. I can't sit here and tell you that you are going to have it in your hands by the
10`h of July or the 25`h of June for that matter. But, I can tell you it's closer than it was. We've
seen it the first time so soon is what I can tell you.
Councilmember Thurman:
• Soon? Because I feel like that would be very good information to have before we make any kind
of zoning decision like this.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 12 of 44
Bill Lusk, Councilmember:
• Kathy, you mentioned that this parcel was specifically noted on the Regional Plan. If this is the
ariel view that you are referring to, I can't really determine the boundaries of this. Is there a
larger plan?
Kathleen Field:
• I can have someone run go get the plan for you if you would like.
Councilmember Lusk:
• It is not that necessary, but I guess my point is that in the analysis here you say that the proposed
development is consistent with the plan policies in the Regional Activity Center. I can see a
development like this possibly further north on Deerfield where it adjoins other similar uses but
to put it in-between 0-1 here and some other commercial uses, I don't see where the consistency
factor comes into play.
Kathleen Field:
I think our thought was that the LCI Plan called for a mix of uses. And, I think most of the time
we think of a mix of uses as being on the same parcel and it could go up or horizontal but on the
same parcel. This, we are really looking at the whole area, the regional activity area which was a
sub -part of the LCI Route 9 Plan which is this area. And, it showed a mix of uses, if you look at
the site next to us as being the residential and behind it is commercial and then to the north is us
which is office so there is a mix. It is done parcel by parcel not within the same parcel. And, we
looked at the plan and the plan did show for some of the vacant parcels including the parcel that
is under re -zoning tonight some proposed development patterns. And, we did work with the
developer to see what we could do to come as close as we could to the intent of what the zoning
was required. Now, is there a lot of mixed use on this site? No. It is strictly residential, there is
a small component, however, for a farmer's market but they did not feel, they were hindered, and
I am sure they will tell you when they come up here, but we did ask about further mix of uses
and they felt from a financial point of view that would not have worked. In terms of higher
density because the plan does require, it does say to support medium density, we did look at
increasing density but clearly the medium district for apartment zones really goes up to 14 units
per acre and this is at 12 so there really wasn't much latitude to add more density on this site.
They are almost at the maximum. The mixed use which would be the other zone they could zone
to would require three mixes of uses, office, commercial, and residential and again we backed
into the issue about their financing. So, we did review and entertain with them various options
but this is the one they felt would most closely respond to the policies of the plan while meeting
their financial needs. That is sort of a long answer but.
Councilmember Thurman:
• But does it meet ours?
Pcte Hendricks, 6085 Lakeforrest Drive, Suite 200, Sandy Springs, GA 30328
• While it is fresh on everybody's mind, let me comment on some of the comments that were
forthcoming to staff just a minute or two ago.
• You will have comment coming to you about the financial ramifications of this development if
approved to the City of Milton.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 13 of 44
• I know questions have been raised as to what is burdening, spending money for services and not
really getting back financially as offsetting compensation for the approval of this.
• I think we have some information.
• Mr. Ben Collins who is the Regional Director for Crescent Multi -family out of Charlotte is here
to be able to speak to that.
• Additionally, another side bar matter is that he is also going to be able to speak to the issue of
kids that simply are not attracted, as has been proven by similar developments and similar areas,
to this type of product.
• One of the things that it is sort of an offsetting balance type of situation that you have here is you
went through the steps of engaging and having land planning done and having paid for a land
planning map to show you what you ought to be doing with this central core area and this is what
came out of it so I fully respect you have another study under way to give you comment on cost
and expense of different type of zoning and land uses but you have sort of taken step one and
step one has brought us to exactly what it is that is in front of you. Including that is that
interparcel access way and in doing an evaluation and examination of the property, physically
speaking on the ground, the only place that made any sense because of the constraints of
topography to be able to put that is where it is being reflected on the site plan. We will be happy
to work with Carter and his department to put into place any type of traffic calming measures
that might be appropriate to soften the impact of that and to go to the issues and the questions
raised.
• 1 think another thing we've got going on, I know that I just finished some months ago, during a
mirror reflective development of this right in the bosom of John's Creek for my client,
Technology Park. We filed with that application a similar semantic to what we filed with this
application showing pedestrian engagement ability in and around this property for folks working
in office buildings and for folks to be able to get out and engage from a retail sense not only as to
use but also as to dollars capable of being spent. What was found with the John's Creek
situation with a similar renovation of no more than 10% of the units being three bedrooms, was
the expectation of that limited number, in this particular case 26 units, there is a high probability
that more than half of those units will end up with folks renting them to have a master bedroom,
to have a guest bedroom, and for the third bedroom to be used as a den or as an office, and here
again, not for the purpose of attracting families with children. Also, as we have all gone through
the unpleasantness of the last three or four years, we have had the dynamic of the tenant profile
that has come to the table radically changed. There are so many people in our communities that
have gone through the unpleasant situation of being chewed up and spit out and having lost a lot
of money in homeownership, yet they still want a really really nice place to be able to live. We
also have young folks, my kid's ages, that are trying to get into that first house, and the ability or
lack of ability to be able to get a loan for that first house and those kids want a really really nice
place to stay. Also, as we've gone through the vacancies of the marketplace out there, where do
you find a job? And it could well crop up that you get a business opportunity that takes you,
unfortunately, out of the bounds of the City of Milton, and so the thought and idea of being
burdened and saddled with homeownership and how do I make myself available to take a nice
job offer that I just got, also becomes complicated. So, we have had a lot of shifting that has
gone on in the last three years as I said, brings sort of a new tenant profile to the table. And, I
think very uniquely with this piece of property when I originally zoned this stuff back in 1996-
1997, 540 acres there was totally absent for that equation a for rent multi -family anything
approaching the quality and scale of what is in front of you this evening. Ben will walk you
through with some of the thoughts and ideas that they have to the actual development layout of
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 14 of 44
Ben Collins, Regional Director of the Southeast for Crescent Resources Multi -Family Croup
3443 Spencer Street, Charlotte, North Carolina 28205
• Crescent Resources is a forty year old firm that is really focused on best in class development.
• Over our history, we have developed 52 master plan communities, about 20 million square feet
of office space, and 15 multi -family communities.
• Namely Palmetto Bluff in Bluffton, South Carolina which was just voted the number one resort
in North America by Travel and Leisure magazine.
the property but I know when we came away from Planning Commission they were just wowed.
The only problem I've got here is that I come back with another multi -family and I have just set
the bar. But, when you take a look at the plan, we reached out. As Kathy was just saying a
minute ago, how do we get this site framed with some different types of uses because if you got
to your MIX District, you got to have that residential component then you have to have two out
of three of the Office Institutional retail. Well, that hits the wall as far as any type of financing is
concerned because retail in today's financing market you are looking at a big box to then be
associated with Mom and Pop independent retail so that was not going to be going anyplace in
the market for office right now is not the best of all worlds, so I looked down under the accessory
uses that are provided under the A District and came up with what I think passes mustard. And,
that is being able to come in with three designated areas for farmers to come in on a Saturday
morning and be able to have the ability to sell vegetables and stuff as closely as associated with
residential ownership and the need for grocery shopping. As you go through the site plan, the
most recent site plan that you had on file goes ahead and provides for the right in and right out
that had been requested by the staff. The applicant much prefers not to have that right in and
right out and I will just touch very briefly on the reasons for it then Ben can walk you in with the
specifics. That right in/right out as shown on the site plan is right up in the area where the
stream is and so in order to get that right in/right out, I think we would be running afoul of your
25 foot impervious and 25 foot natural and the state's 25 foot natural undisturbed from the edge
of vegetation. Then that puts us in a whole permitting process with the state. I think you will
find that Ben's statement is that they would love to be breaking ground and underway on this
thing on the first of December if we can get through and garner your approval. The other part of
what that does, this is the flip side, and this is the site plan and I believe you all have alternative
site plans in front of you. This is the one that does not show the right in and right out and what
happens with that is there is what we call the meadow area that is right in the center of the
development that will enable pretty significant tree save and in addition to that give a nice open
view. If that right in/right out is put in, then that area all but is eradicated with a shift in the
buildings that take place in order to accommodate the right in and right out. So, there is a
combination of reasons that there would be a strong preference not to have the right in and right
out. You are also looking at the site plan that has unique things such as a grassy amphitheater
that is being put in there within view of pedestrian engagement along Deerfield Parkway. There
would be opportunities there to have small concerts where there would be no fees charged to the
public to be able to walk in and be able to enjoy that. The clubhouse, as stated, is going to look
like a barn in addition to that you will see that some of these buildings will have as few as eight
units in them. The prototype at the rear is for 24 units but that is at the rear so the visual that you
pick up from Deerfield Parkway would be the out buildings and the two -stories. With that, I am
going to ask Ben to step up and introduce himself and hopefully get you familiar with who they
are. Any other points of comment or refinement he has to some of the questions I have raised.
Thanks.
Ben Collins, Regional Director of the Southeast for Crescent Resources Multi -Family Croup
3443 Spencer Street, Charlotte, North Carolina 28205
• Crescent Resources is a forty year old firm that is really focused on best in class development.
• Over our history, we have developed 52 master plan communities, about 20 million square feet
of office space, and 15 multi -family communities.
• Namely Palmetto Bluff in Bluffton, South Carolina which was just voted the number one resort
in North America by Travel and Leisure magazine.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 15 of 44
• River Club just up the road in Suwanee, GA.
• Phipps Tower in Buckhead and Circle Concord Mills in Charlotte, North Carolina.
• We really developed a circle brand which focuses on environmental sustainability.
• Today, we have six projects under construction worth $280 million.
• This is a very important development for our company.
• We have owned the property for roughly ten to twelve years and office is just not a viable use
and hasn't been for several years.
• I will hit briefly on a couple of items that I think is important to council.
• One, regarding the school aged children; the study found that there would be 62 school aged
children here.
• We have a very similar community in a very wealthy suburb of Charlotte, NC.
• We found that we had no more than eight children at any time really because we focus on
housing for young professionals aged 25-35 and empty nesters whose kids have already gone off
to school.
• We have studied that fairly extensively and really none of our communities have seen any more
than 6-10 school -aged children in 300 plus unit communities.
• We felt like that was important from a tax revenue standpoint.
• This $30 million project, which again, we would have our design team ready to go to start
tomorrow to get this development to start construction this year.
• We anticipate we would generate roughly $350,000 in property tax revenue.
• Also, our average resident income will range from $50,000 to $80,000.
• That generates roughly $9.5 million of discretionary income per year that our residents would
spend at local businesses buying a car, going out to cat, shopping at the retail destinations.
• We felt like that was also important.
• And, then, finally from a vacancy and apartment demand standpoint, North Fulton County has
the tightest apartment occupancy in the Greater Atlanta Metro area for overall residential
apartments.
• There is currently a 5% vacancy rate.
• For those communities that are ten years or newer, the vacancy rate is only 3.5%.
• As of the end of first quarter of this year, we feel like there is a tremendous demand.
• One of the reasons Crescent Resources has not been able to build additional office in this
location, is because the employers have said that there simply are no places for our workers to
live and so this really truly creates a mixed use community where young professionals can walk
to get groceries, walk to retail, and walk to work.
• And, that really is at the heart of our circle brand that focuses on environmentally sustainable
communities.
• 1 will be happy to answer any questions that council has.
Karen Richard, 135 Ardsley Lane Alpharetta, GA 30004
• Good Evening Mayor and City Council.
• I live in the Windward Subdivision.
• I am also on the Alpharetta Planning Commission and I wanted to share some experiences we
just had last month concerning an apartment complex rezoning application.
• There was an applicant who was requesting a rezoning on Westside Parkway and Webb Bridge
Road for a 300 unit complex.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 16 of 44
• The staff report that we received indicated that the Fulton County Board of Education gave a
projection on the number of anticipated students and they indicated in their report that Alpharetta
High School, Hopewell Middle School, and Manning Oaks Elementary the three schools that
would be impacted were at capacity and could not handle any new students.
• So, when I was made aware that there was a new applicant for an apartment impacting the same
three schools, I contacted Dr. Avosa's office this morning to ask why there wasn't any concern
about capacity.
• It seems that there was a discrepancy in his office with the initial information that was sent to
Milton.
• I think they originally projected 62, but I have a copy of the impact analysis they sent me this
afternoon that indicated that they were projecting between 69-104 students total for those three
schools.
• Each of those schools cannot meet the demand for the additional students.
• I realize this is new information and I wanted to make sure that council knew prior to any vote
this evening that this is a different scenario for Fulton County Schools than was originally
presented.
• I have a copy of the report here if somebody would like to take it.
Lance Large, Councilmember:
• I live in this area.
I live over off of Bethany Bend in Belcare.
This is actually in the district I represent although I do represent the entire city of voters at large.
First for staff, the right in/right out reasoning for requiring that?
Kathy Field:
• At the beginning, the idea was to breakdown any ideas of superblocks.
• To really minimize the use of cul-de-sacs to promote interconnectivity which was clearly one of
the main policies of the LCI study.
• So, the original plan ended in a cul-de-sac toward the north end of the property.
• The idea was to break open that cul-de-sac and promote that interconnectivity.
Councilmember Large:
• Basically, it ends in a parking field that allows through circulation in it.
• Just looking at this plan, I had thought that perhaps to allow for not a cul-de-sac that lane over
there could be an exit only right out only eliminating the need for a right in, eliminating a need
for a taper, eliminating the need for encroachment into the conservation casement. I know it
does squeeze them but that would give a way for vehicles to exit the site instead of having to go
through the parking field and turn back around. It might help also emergency access whenever
you have developments like that vehicle access, large fire vehicles may have to, hopefully never,
access the site and have adequate turning radius for their access. So, this is something that could
be potentially considered. Staff, that is it right now. A few for the applicant. You're more
upscale, talking about empty nesters, young professionals.
Ben Collins:
0 Yes sir.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 17 of 44
Councilmember Large:
• I'm an empty nester. My parents actually live in a four-story condominium on the Chesapeake
Bay in Virginia. They live on the top floor. They are 86 and 80 but they have an elevator. If
you are marketing this to empty nesters you may want to have an elevator. I noticed that none of
your buildings have elevators included in them. Again, to give you some flexibility. I realize
that drives up cost.
Ben Collins:
• We would anticipate that roughly 75% of our units are occupied by young professionals. That is
what we have found in similar communities that we have developed. We would anticipate that
the other 25% would be occupied by empty nesters and certainly first floor units. My mom is
moving from Wisconsin down to Charlotte. We are expecting our first child this fall so we are
thankful to have her down here but she has the same issue. She said she would really need to
have a first floor apartment. We feel like that is important and we have contemplated doing
elevators in a couple of the buildings. I don't think we are precluded from doing that through the
rezoning. So, we have looked at doing maybe one or two buildings that would have that. The
reality is the economics and just being able to finance. Despite the fact that we have roughly
$300 million under construction it is still very difficult to get financing. It hasn't been
commonplace to be able to do elevators across the entire development but perhaps a couple of
buildings.
Councilmember Large:
• Guestquarters. How does that work?
Ben Collins:
• We began programming after our Palmetto Bluff development in Blufton, South Carolina. This
development has primarily single-family masterplan but they also have 52 cottages that they rent
for guests or prospective buyers. We would anticipate doing something very similar on a smaller
scale. Whereas we have 2,500 homes in Palmetto Bluff over the full build -out and roughly 51
cottages. We have programmed three or four cottages on this site that could either be executive
housing. So, an executive that comes in from New York for a period of, for a month every two
or three months, that wants a very upscale place to rent or renting on a more temporary basis
possibly to folks that would look to relocate to Milton or North Fulton County.
Councilmember Large:
•
On the staff side, if we have units like that, does that play into taxation for lodging? I know
short term some apartment complexes have short term and it has become a question in some
areas where you have taxation, it is actually like hotel tax. I don't know if that would be part of
that for these guestquarters but that is just something to think about.
Karen Thurman, Councilmember:
• If it is rented for more than a week and you don't provide the day-to-day services then it would
not qualify. If it is up to a week then there are different rules.
Councilmember Large:
• Okay. Thank you.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 18 of 44
Ben Collins:
• For what it is worth, we would be happy to pay any hotel tax on that.
Councilmember Large:
• Again, with your design, you will really need to take a look at turning radiuses and emergency
access. I know staff will accommodate that if this moves forward. On the properties you own,
in Charlotte where do you have properties?
Ben Collins:
• On the multi -family side, we have development on Circle Southend which is on the lite rail line
just outside of uptown Charlotte. We just broke ground last week on Circle Southpark which is
adjacent to Southpark Mall. We have Circle Concord Mills which is near Concord Mills Mall.
Very good school district; higher income area northeast of Charlotte. Those are the three
communities we have built or have under construction today. We actually have a re -zoning
hearing tonight in Charlotte for Circle University City which will be a student housing
development across from the entry to UNC Charlotte. We have Circle Alexander Village which
is part of a very similar multi -use environment in the University Research Park area where we
have plans for future office and future retail and luxury multi -family development on a 62 acre
master planned area.
Councilmember Large:
• How much ownership of these properties? Do you put these into a LLC or LLP?
Ben Collins:
• Every property is individually financed. Crescent Resources is providing the bulk of the equity
for each of these newly financed developments. We would go and get a conventional
construction loan and potentially a joint venture equity partner but we have in a $30 million
development, Crescent Resources would put somewhere between $7-9 million of equity into the
development itself. We have built to create a portfolio, I would anticipate that we would own for
a minimum of five years as much as 10, 15, 20 years. We brought in new ownership about two
years ago and really the one thing that Crescent Resources has never had is a recurring income
stream. We build master plan communities, we sell lots. During the good days, we had $500
million a year in lot residential sales, but we never had real assets that had recurring income. So,
the multi -family development realm is an area that we have looked to create that.
Councilmember Large:
• Management of the properties?
Ben Collins:
• We hire professional third party management companies. Grey Star who manages roughly
18,000 units in Atlanta is one of the companies that we have worked with quite extensively. We
have found them to be one of the best Class A multi -family management companies. They
would work for us directly. Myself, and a Development Manager, and an Asset Manager would
oversee this development directly from really today until the time that we refinance or sell down
the road. So long as I am still working at Crescent Resources.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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Councilmember Large:
• I guess that is one of the concerns a lot of the times on rental properties, on properties like this.
The potential for sale and who ends up holding the property whether it is some out of state
pension plan. Pension plans love buying up, at least they used to, multi -family developments
and the fact that the original developer or roots of that themselves continue ownership. Because
though it may look really nice today, under different ownership and different management
consequently look different 10-15 years from now. You do sell off properties after you develop
them?
Ben Collins:
• We do and that holding period is indefinite. We have not defined that as of yet. I will say that
we develop communities to the highest Class A Institutional Grade standard and so groups such
as Post Properties or Camden Properties of the such have been interested in purchasing
properties that we have developed. As a property owner, really any property owner, your
incentivized to keep the property at a high quality and generate good revenue.
Councilmember Large:
• Right. I understand. Again, I have seen some of your architectural samples and cut sheets that
you have done. Types of materials, I guess again I don't want to get in to too much, but I would
assume you would have mostly brick or synthetic materials that would be low maintenance.
Ben Collins:
• Yes Sir.
Councilmember Large:
• As far as roofs, like an architectural tab.
Ben Collins:
• 30 year architectural shingles, primarily, although for some of the amenity buildings we may use
metal roofs. Historical Concepts who is really our lead concept designer who designed Palmetto
Bluff has led this design process in concert with a broader team and they have really helped us
define that vision.
Councilmember Large:
• I would think you would have a fair amount of enhanced landscaping and planting materials on
this property. Would it include irrigation?
Ben Collins:
• It would. We generally try to provide more echoscope type of landscaping that does not require
extensive irrigation. We have, for example, used retention ponds to supplement the irrigation
system and we would plan on doing that here.
Councilmember Large:
• That is the main thing, enhanced landscaping, planting materials; all that is great as long as it is
maintained. Most of the developments around here do a very good job of maintaining, again, it
can be a concern as well.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 20 of 44
Ben Collins:
• We would invite you to visit any of our communities whether it be multi -family or master plan.
River Club is a great example close to home. We would really develop the landscaping in line
with any of our other communities.
Matt Kunz, Councilmember:
• Does staff concur with the idea that we will get $350,000 in property revenue from this property?
Chris Lagerbloom, City Manager:
• This is the first time tonight I have heard that there has been evaluation of the actual building so
we have not been able to run that calculation so, no, I cannot concur to that tonight.
Mayor Lockwood:
• I have a question. It is interesting how times have changed. Probably six years ago I would
probably never be interested in supporting something like this but certainly the market has
changed and there is, I'm sure, a market for something like this. A really nice property where
what we have all seen in the real estate market and housing. The question is with a product like
this would there be an opportunity down the road would these be able to be sold as condos? Ten
years from now the market changes and everyone wanted to have home ownership again, would
they be able to convert these over to condominiums?
Ben Collins:
We have programmed every one of our communities for condominiums if that market returns.
That clearly is a very good return and a great strategy for us from an overall portfolio standpoint.
We will have granite countertops, hard surface flooring, things that folks would look for in a
condominium development and so very clearly this would be set up as a potential condominium
conversion down the road.
Karen Thurman, Councilmember:
• Like I said earlier, I'll be honest with you, I am not comfortable approving anything with
questions still out there. I really believe we need to see the financial impact of this. To me, the
interconnectivity is an issue, this is a much higher density residential than what is in the area, we
need to look at the LCI as a whole to see, yes it is a mixed use type thing, but we are looking at
instead of a mixed use on one property we are looking at mixed use for the entire area so I need
to know what part of the area is the different mixes that go into this mixed use here and make
sure we understand the school situation because I think you are incorrect I think there will be a
lot more students than that. In your Charlotte area there may not have been because it may not
have been a desirable school, here, you will have people coming in just because of the school
system so I think that is an important thing to look at. And, the fact that this, quite frankly, is not
consistent with the adjacent zoning. That bothers me. So, that is why I think we've got to look
at the whole LCI mixed use area as a whole to make sure that this is consistent with what we
really want for the area and until I have the financial information in order to do that, I am not
comfortable doing that. So, I don't know if you would be comfortable with a deferral until we
had that additional information or if not, I guess it will be the pleasure of the council but I am
just not comfortable voting in favor of something that totally changes the whole initial plan for
the area as much as this does without understanding the financial implications of it.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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Bill Lusk, Councilmember:
• As it relates to the questioning that Lance had there too, could you give me some idea of the total
number of developments that you produced and the number or percentage of those that you have
flipped over the course of the years.
Ben Collins:
• We have developed 15 multi -family communities today. Of those, all but three were either
originally developed or sold as condominium units so today we own one multi -family
community, the other three rental communities we have sold, there is one rental community that
we still own, and we have six communities under construction, we have another six that will start
later this year, and another six that will start the beginning of next year and this is really with
new ownership, post recession, creation of our circle brand those are really the ingredients that
have driven our investment philosophy from that standpoint.
Councilemmber Thurman:
• And I want to make sure that everybody realizes that $350,000 tax, that was combined Fulton
County and City of Milton taxes. There is no way that would be a City of Milton tax because
the City of Milton taxes on a $1 million house, the City of Milton taxes are about $1,200 so on a
$30 million property like this you are not going to get up to $350,000.
Joe Longoria, Councilmember:
• My questions aren't really for the applicant. I have faith that you can do exactly what you say
you are going to do. My concerns really go back to, again, how this changes the dynamic of not
only this area, like Karen mentioned, but the city as a whole because I really see this as one of
opportunity costs. We've got an issue that if we change this to A zoning we are losing out on
something else and the thing that we are losing out on we can't replace very easily. The City of
Milton has finite resources when it comes to the land, and more importantly, how the land is
used. We don't seem to have a shortage of land that can be used for residential purposes whether
those are multi -family or single-family, but we do seem to have quite a bit of a restriction on
what land we have for commercial development or office, industrial, whatever and so, again, I'm
of the opinion that changing this zoning is going to, we are going to lose one of the few resources
in that category that we have so that's my concern and sort of playing on top of both the LCI and
this idea of providing the citizens of Milton a place to work. I hate to think about Milton being a
place to live and at 8:00 in the morning everybody gets up and leaves and they go someplace
else. It would be nice to offer our citizens places to work other than retail, other than the Wal-
Mart, and the Fry's, and the Target and things like that. We are lucky, right here on Deerfield,
this is why this is so important, we have other options and so I would just like to see Deerfield
maintain some of that.
Mayor Lockwood:
• I respectfully disagree. I like the project. I think there is a need in Milton, as Joe said, we have a
lack of commercial and office land, but we also have a lack of reasonably priced properties
where folks can live too. I think with the market, as far as the revenue from this, it very well
could be, and I know we don't have exact numbers, it very well could be that this brings in less
taxable revenue than what it is currently zoned for but on the flip side it may be five years, ten
years from now before that ever generates any taxable revenue versus this is a property that
within the next year or so would generate revenue so you have to factor in that. I also think there
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 22 of 44
will be a lot of sales tax revenue, it will be more businesses that can open up around the area and
I think this will be a boom, help out the businesses. 1 agree, I can see everybody's points on it,
but I think there is also a counterpoint that this could be good for our community and could help
our local businesses and also provide a need that is not out there now. Again, unfortunately or
fortunately things do change, and like I said, six years ago I would never think I would be
supporting something like this but we have seen the economy and the dynamics so this kind of
makes sense to me.
Burt Hewitt, Councilmember:
• I guess a comment and a question. There are two tracks that make this up. Both of these have
come before us in the few years. One sitting at C-1 now and one at 0-1 and for whatever reason
they didn't work so they are not built out. So, I hear you exactly what you are saying and I
understand it. It is sitting over there as an attractive track of woods right now so if we could get
something going that would generate some revenue other than that that would be positive in the
short run. Do we have any idea what is out there now, what inventory is out there now,
commercial and O -I space that is built out but not occupied?
Mayor Lockwood:
• Built vacant space.
Kathy Field:
• We just did an estimate, city wide, including the site next door, we have about 156 acres that is
undeveloped and that includes Crabapple.
Councilmember Hewitt:
• I am mostly meaning floor space that is across the street or something like that that is vacant. Do
we have any statistics on that?
Councilmember Thurman:
• 1 will tell you that my firm looked to move to Milton and there was no available space at all in
one building and the other one only had a very small space that wasn't suitable to our needs.
Councilmember Hewitt:
• But we don't have any information that is official?
Kathy Field:
• You are looking at vacancy rates? Is that what you are looking at?
Mayor Lockwood:
• For commercial.
City Manager Lagerbloom:
• We can get it. I could put my hands on it. It would take two or three minutes.
Councilmember Hewitt:
• I'm just curious. Ben, you may know.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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Ben Collins:
• I would be happy to offer some feedback. John Bell, our SVP of Commercial Development is
the one responsible for developing the two office buildings in Deerfield that we have developed
and we still own roughly 100 acres within the Deerfield area back towards GA400 that could be
developed as commercial in the future. They have desperately tried over the last eight years to
develop office use on this side. They consistently receive the feedback from potential employers
and potential relocates' that there simply wasn't the housing for their employees, the folks that
make $40,000 - $60,000 per year and that their employees were living back in Perimeter and
Atlanta and driving and commuting up this way. That is one of the reasons, coupled with the
LCI plan which we engaged very early on with Urban Collage, to review our plan to make sure
we were fitting inside that plan. But the commercial space today, I think, is the 15-17% vacancy
rate. That is the most recent quote that John Bell gave to me.
Councilmember Kunz:
• Which came first the chicken or the egg? I don't know if I really buy into the argument that
people don't move because of where the workers are, I think people go where they want to be
and then the jobs follow so if that being the case I'm not sure about that but I can see the point, I
can see us needing something like this at some point, the question is that now? And is that going
to be this location? I would love to see the senior housing idea that we had before. If it is going
to be young urban professionals, that changes the dynamic. We need a place for that. I
understand that and I like the idea. It is obviously a risk that you guys are taking trying to make
a profit off that and prevent against a loss so I appreciate that as well but I agree with Karen, I
would like to know the numbers. I want to know exactly what those are and I think staff has a
�N
little bit of homework on that and I think all the other points are great. I see what you guys are
trying to do. I respect the Design Review Board's synopsis of what you are trying to create. I
know my guy that I have on the committee was really impressed with what you guys are trying
to put out there. One of the questions I have is do we know if the other apartments in the area
are full to capacity. Is there any way to know?
Ben Collins:
• I would be happy to comment on that. They are. As I mentioned the vacancy rate in this sub-
market is the lowest in metro Atlanta.
Councilmember Kunz:
• What is that exactly?
Ben Collins:
• The vacancy rate? 5.1 % for all apartments for apartments built since 2000 is 3.9%.
City Manager Lagerbloom:
• I would just like to interject because the last two questions that haven't been answered by staff
have been answered obviously to the benefit of the applicant and those are numbers, where they
roll off the tongue real easily, I would like the opportunity to confirm that they both are real.
Councilmember Lusk:
• Along this same line, I would like to know if those statistics are based on Milton vacancy rates or
combined Milton, Alpharetta, John's Creek and those that impact our school district.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 24 of 44
Ben Collins:
• Those specific numbers are the overall North Fulton County; Roswell, Milton, Alpharetta, John's
Creek. I do have the specific communities in Milton as well. The ones that have been built since
1995 echo those same occupancy rates and the 1994-1995 are upward of 98%. I have plenty of
data and reports on my computer that I can print out and will be happy to share. The most recent
apartment study just came out. Reece is a big national firm that tracks this data and the statistics
I was quoting were from that report.
Councilmember Lusk:
• My concern is that, as Mrs. Richard pointed out, we've seen the impact of unbridled growth up
here on our school system and I see a couple of recently built schools here that have mobile
classrooms they are putting in as we speak. It has a huge impact on our school system and the
capability of the system to teach students. So, I would like to see more specific data as to the
vacancy rate in the school district served by Manning Oaks, Cogburn Woods, Alpharetta High
School.
City Manager Lagerbloom:
• I am trying to jot down the wants at this point. You want the vacancy rates of ...
Councilmember Lusk:
• Vacancy rates of similar apartment facilities in these school districts Manning Oaks, Alpharetta
High School, and Hopewell.
Councilmember Large:
• 1 can't help but notice we've got our LCI guy sitting back there, Urban Collage. I do recall this
parcel was shown on the LCI study as multi -family. It was particularly just mostly just that
configuration of that parcel, I believe. I understand the concerns of the other people on the
council. I do believe that having that this has been designated on our LCI study that we adopted
and approved. This was an activity center; live, work, play area and part of what does influence
people to locate is available and relatively affordable housing. We have talked about traffic
congestion. Having affordable housing that is within even walking distance of employment
centers definitely helps instead of generates it helps traffic. So, as far as what Joe said, this is a
new normal that we are living in. Rental properties are becoming more of an option on a long
term basis especially for the older generation and we are moving baby boomers through the
system now for the next twenty years or so. For the applicant, I would think you would have
covenants on these apartments about sub -letting that type of thing how people use the property.
Ben Collins:
• Yes sir. We have very restrictive residential leases that would be in place that would restrict sub-
letting and certainly criminal checks, third party rental company that has the highest standards.
Councilmember Large:
• As far as what Karen said, if we approve this I want us all to feel fairly comfortable with this. I
have stood where you are standing before and sometimes it comes to a point where okay we need
more information. I have done full DRI's for developments and so to bring out those facts
whether it is from staff whether it is information you collect and present. I think probably at this
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Monday, June 18, 2012 at 6:00 pm
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point it would be prudent to defer this, get some more information in front of us to look at the
considerations again of staff talk about that access lane through there and try to get everyone's
questions as much as possible answered and then move forward. That's my two cents on that.
Mayor Lockwood:
• Let me ask staff a question. If some of these questions get answered what would be the time
frame be that you would feel comfortable with it, Chris and Kathy, what would it take time wise
to get some of these questions answered and concerns addressed.
City Manager Lagerbloom:
• I have written down about five things that seem to be reoccurring requests for additional
information. And those five things are the percentage of office space that exists in this area, the
percentage of apartment space, there is also financial model to confirm the school data and also
Councilmember Lusk requested vacancies in similar type developments in these school districts.
If you would seek to defer this I wouldn't be comfortable bringing it back until August 13th at the
earliest.
Councilmember Thurman:
• I would like one other thing. I would like to know also if there are any other properties zoned for
apartments or condominiums that have not yet been built in this area. I would like to know what
that number is also.
City Manager Lagerbloom:
• I gave you the date wrong. It would be August 20"' that it would come back.
Councilmember Large:
• One last thing. As far as the apartments are concerned, back in the day when I first got married,
the first apartment I moved into was adult community only, no children were allowed. Are they
still legal?
Ben Collins:
• I consider myself not an absolute expert but a modest expert on Fair Housing Law and I don't
believe that is something that you can restrict.
Kathy Field:
• I can add to that. There are over 55 communities which gets into senior housing.
Mayor Lockwood:
• I think everyone has had a chance to express their questions and concerns and we obviously have
three options here one is to approve this, one is to defer it, and one is to deny it. Does the
applicant have any interest in a deferral?
Ben Collins:
• I will offer this. We very much feel like it is important for our company to start this
development this year. In order to do that, we would need an approval tonight. If that doesn't
look viable, we would be happy to provide any amount of information and we feel very
confident that once vetted through the information provided both by staff and us will address a
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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lot of concerns that have been raised tonight. I have no doubt in my mind that that's the case
So, we would, we really do not want to defer but we certainly would take that into consideration.
Mayor Lockwood:
• My comments are everybody's points and concerns are valid but I just see this being a good
project that could start immediately or this property sit vacant for five or ten years. I think this
could help invigorate the area in both the businesses and folks living here and all that. So, I'm
certainly in favor of this so I will open this up to a motion.
Motion and Vote: Councilmember Thurman moved to defer Agenda Item 12-141 to August 20,
2012 to allow staff to answer council questions. Councilmember Lusk seconded the motion. The
motion passed (5-2). Mayor Lockwood and Councilmember Longoria were opposed.
3. RZ12-08 — To delete Article VII, Division 7 of Chapter 64 — Crabapple Crossroads of the Northwest
Fulton Overlay and concurrently adopt a new Article XIX, Crabapple Form Based Code.
(Agenda Item No. 12-142)
ORDINANCE NO. 12-06-136
(first Presentation at June 4, 2012 Regular Council Meeting)
(Discussed at June 11, 2012 Council Work Session)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director:
• Thank you Mr. Mayor and members of the council.
• This proposed Form Based Code was the subject of an extensive discussion last week at the City
Council Work Session.
• Based on that discussion, we sent out to you all and you should have it in front of you, the final
draft V7 which includes the comments made last week at the work session.
Mayor Lockwood:
Kathy, I apologize, can I stop you for one second? I want to ask our city attorney, I know we are
going to talk about Transfer Development Rights (TDR's) within this article and just to make
sure I own a piece of property in Milton that possibly could be at some point available for
Transfer Development Rights as well as maybe others on the council and I just want to address
that to make sure there is no conflict of interest or anything in this discussion.
Ken Jarrard, City Attorney:
• Mr. Mayor, to the extent that you have a parcel of property or anybody on the council has a
parcel of property that may in the future become the subject of some future sending or receiving
area it is right commonly enjoyed by all the citizens of Milton who are equally situated to you or
any other council member. I don't find that to be a conflict of interest at this time. You have the
right to act upon it. If, in fact, there was a future attempt to actually have a transaction for the
City of Milton involving that, at that point you would have to announce and recuse.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 27 of 44
Kathleen Field:
• Based on our discussion last week, we have put before you in the final draft V7 that incorporates
all the changes from the discussion items at the last meeting. What I would like to do is just
walk you through the major changes. There are some very minor clean up changes that I am not
going to address in red. I am going to move to the substantive changes that are in the document.
Having said that I would like to start with page seven. And, this is a section toward the bottom
that deals with Density Transfer Charge option and there appeared to be consensus that this was
not an option that the council wanted to consider so we did strike it as a recommendation until
we put it back in but that is what we heard at the last meeting. Moving on, I am moving to page
twenty and this is under Architectural Standards and there was a lot of discussion at the last
meeting about Architectural Standards as they related to commercial or retail office buildings as
opposed to single family residential units and should the residential units have as strict of
standards and review as commercial properties. So, what we did here is we did make some
changes and let me walk you through them and give you a little further explanation. Section
4.50 and 4.51 states as follows: the following architectural standards shall apply to all buildings
unless otherwise approved by warrant by the Community Development Director after
consultation with the city architect. It goes on to say that all buildings except single family
detached residential shall be designed under one of the following styles as defined in Article 7.
It then goes on to list the seven different architectural styles: Architectural, Greek Revival,
Italianate, Gothic, Queen Anne, Colonial Revival, and Adam/Federal. So, what that is saying
essentially is that all buildings need follow those styles. However, when it gets to single family
residential buildings, the considerations for warrant for single family are less stringent than the
warrant and the warrant of course is basically a variance from the style. So, for commercial
buildings the criteria for a warrant to deviate from those styles would be essentially what is
already in place for variances, i.e. a hardship. When it comes to single family structures, the
criteria for a warrant is much softer and it essentially says that meets the intent of the design and
will not adversely affect adjacent property or the public's health, safety, or welfare. So, for
commercial it's hardship for single family it needs to be the intent. And, that will be the basis
for the difference in the warrant.
Councilmember Kunz:
• And that is strictly by the interpretation of the Community Development Director?
Kathy Field:
• Yes, it goes on to say in here. If you go back to the warrant section as well that the Community
Development Director either on the advice of the Review Board if it's a structure applicable for
the Design Review Board for the HPC if it is a structure applicable to the HPC and if neither of
those reviews then it is with the consultation of the city architect. So, there is always someone in
conjunction with me reviewing for that warrant.
Councilmember Kunz:
• And that says that in here where?
Kathy Field:
• Okay. Let's go back to section 1.5 which talks about warrants. Maybe what I can do is just walk
you through this under warrants. Section 1.5 if you look at 1.5.3 warrants relating to a physical
element or metric of this code shall be based upon credible submitted evidence demonstrating
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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that approval, if granted, would not offend the spirit or intent of this code and there are such
extraordinary and exceptional situations or conditions pertaining to the particular piece of
property that the literal or strict application of this code would create an unnecessary hardship
then it goes on to say relief, if granted, would not cause a substantial detriment to the public
good. So, that talks about that wan -ant being related to a hardship. So, then if you go back...
Councilmember Kunz:
• So, the hardship automatically implies Design Review Board? Hardship equals Design Review
Board or HPC?
Kathy Field:
• No, it is just talking about the type of warrant. Now, in terms of who gets the review, there is a
section in here. I think it is a little further along. If you go back to architectural standards and
move on to section 4.15.3 that talks about single-family residential buildings. A single family
residential building shall be designed in one of the styles set forth in section 4.15.2 by -right, or in
the simplified interpretation thereof by Warrant. Notwithstanding the provisions of section 1.5.3,
which was that provision I just read to you about the variances, considering whether to approve a
Warrant with respect to architectural standards for single-family residential buildings, the
community development director shall determine that the building design, while not strictly in
accordance with the style requirements, meets the intent set forth in section l.l,which is
basically just the general intent of the section, and will not adversely affect adjacent properties or
the public health, safety, and welfare. Now, if you go on it says under section 4.15.4 and 4.15.5
it talks about a designated historic district. Compliance with sections 4.15.2 and 4.15.3 shall be
as determined by the community development director following comment from the City
Architect or city design review board, as applicable. One of the councilmen asked how does the
HCP fit into this and 1 wanted to point out to you that is where the HPC comes in. It is a little
complicated but it does discern the difference between commercial buildings and single -families
in terms of the criteria for a warrant. Moving on if I may, I have finished with page 21 and I am
moving on to table nine which is page 35. And on that page we have made some changes and
you will see that we made some uses more restrictive in that either being by -right by an R or W
for warrant; we made them use U. If you look starting in the second column, the fifth category
down which is kennel we made both of those use and use, as you know, means permit. So,
kennels would not be allowed without a use permit. And, then as you move down into section F,
other; civil support, under cemetery you see we have added some use under T2, T3, and T4.
Then section F, other; education, all of those categories: college, high school, trade school,
elementary school, and childcare center all of the T zones are all use. You must have a use
permit to locate a school in any of those T zones. So, those are the changes we made. I believe
Councilmember Thurman has more changes for that table. I am moving along and I am on page
41 and we have added a definition for a city architect. And that definition says as follows: City
Architect: a registered architect retained or employed by the City of Milton to support the
community development director in reviewing development for compliance with the
requirements of this code. We do make reference to a city architect and I felt like we needed a
definition. And then, lastly, on page 47, the last page that we are proposing is the first paragraph
under architectural styles under the top of the page and it now reads as follows: this article
provides an overview of the architectural styles and their colors set forth in section 4.15.24
because the execution of specific styles can vary the description/definition of each style can vary
and therefore, the information contained in this article may not be all inclusive. I think those last
four words is really the intent of this. We have put forth styles, we put forth some recommended
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 29 of 44
elements of those styles but they may not be all inclusive. We just wanted to be able to say that.
So, those were the changes that were made as a result of last week's meeting. I hope we caught
them all. We might not have. They are here for your consideration and discussion. That is the
end of my presentation.
Councilmember Thurman:
• Mayor, I passed out the, I actually spoke to Lew Oliver today and I passed out what I would
recommend after I went through it line item by line item but I don't know if you want to take that
now or go ahead and hear public comment.
Mayor Lockwood:
• We can go ahead and hear those recommendations.
Councilmember Thurman:
• I appreciate staff putting this together for me because I actually took their PDF, changed it to
Word, made my adjustments, and then they summarized them for me which will hopefully make
it easier. 4.5.1 — right now we are allowed to have a 25,000 square foot building in Crabapple.
They have changed this to an 18,000 square foot footprint but are allowing three stories and I
think that is a little too dense for the Crabapple area because there is nothing like that in there so
I would propose to keep the 18,000 square foot footprint but to have a maximum building size of
36,000 square feet which means you could either have a two story building of an 18,000 square
foot footprint or go up to three stories if you had a 12,000 square foot footprint. But, I just
believe 36,000 square feet is more in keeping with what we are trying to do in Crabapple than
allowing 54,000 square feet.
• The next two things arc pretty basic. It just adds by the City Arborist saying trees specified that
the Arborist has to approve the trees.
The fourth comment is concerning drive-throughs and it is 4.12.4. I really believe that drive-
throughs shouldn't just be automatic they should require a use permit and I have made that
adjustment to the table 9 also. I don't think what we want in Crabapple is a row of two or three
drive-through lanes but there may be times that if you need a drive-through for a Starbucks and it
can be made to look like an alley way. So, I just believe that a drive-through should require a
use permit so that we have some say so on how many of them we have rather than automatically
allowing them.
• 4.15.6(a)(i) it says that all four sides of a building needed to be the same material. I think that is
probably okay for commercial but I think for residential that it because a commercial building is
typically seen from all four sides where residential may not be and I thought that put an undue
burden on a residential builder if they had to have all four sides be brick. What I was afraid of is
that we would end up with very few brick homes just because of the cost associated with it. I
just put in here after talking to Lew that basically you can have a three -sided brick house as long
as everything that is seen from the street is of the same material.
• On 4.15.6(b) 1 took out dry stacked stone being prohibited. I wasn't sure why dry stacked stone
had to be prohibited since it is in a lot of historic buildings do have the dry stacked stone. Then
also on the porches it is just so you can use stone or brick on the flooring or also stone on a
chimney. And then under Table 9 it just says kennels, I'm not sure, kennels is a wide, I'm not
sure if kennels is just a place that boards animals primarily overnight as its primary purpose or if
a vet would be considered a kennel also but I wanted to make sure that a facility like the one we
have in Crabapple that its primary use is a veterinary office wasn't prohibited where the dogs are
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 30 of 44
kept inside so I added a kennel with outside pens for that area. And it may be instead of outside
pens we want to say primarily for boarding or something like that just to distinguish the
difference between a kennel for boarding and a veterinary hospital.
Councilmember Large:
• I think you did a good job.
Councilmember Lusk:
Questions, mostly verbiage and definition. 2.2.4 regarding civic spaces, the first sentence reads
each infill regulating plan for a site greater than four acres in area shall dedicate at least 5% of its
total area to civic space. The second sentence says civic space shall be designed as generally
described in Table four... My question is regarding the word designed. Do you mean designated
or dedicated? When you go to Table 4 it shows some generic plan which I wouldn't necessarily
call them complete designs. I am on page eight.
Kathy Field:
• I think the idea was that we were trying to designate different types of civic spaces, such as a
plaza or a playground, so what we are looking for is that it does relate to design not designation.
Councilmember Lusk:
• Going to 3.4.1 e(i) and e(ii) addressing street trees. In e(i) it refers to complying with standards
of GDOT along the state highway and other thoroughfares and complying with AASHTO. Do
both of those standards address species of trees?
Kathy Field:
• Yes, usually they do because there are certain trees that are heartier than others and I know
working in other cities and on state highways where we were only allowed to use very specific
trees. There are specific trees to be used.
Councilmember Lusk:
It says further in the code it refers to the City Arborist referring to caliber and species of trees
also so do you see there being any conflict?
Kathy Field:
• No, because the Arborist would go to the ASSI-iTO standards if it were a street tree rather than a
regular landscaping tree. He will look into the different standards to make sure they were the
right caliber.
Councilmember Lusk:
• 4.5.1(b)(ii) my page 15. A group of two or more building that share at least one contiguous wall
will be considered as one building. Instead of contiguous, do you mean a common wall?
Kathy Field:
• Yes.
Councilmember Lusk:
0 I see a difference between contiguous and common.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 31 of 44
Kathy Field:
• Yes, I think common is probably a clearer word for it.
Councilmember Lusk:
4.15.6(b)(vii) Hard -coat stucco shall be a 3 -coat plaster finish, integral finish, applied on brick
or concrete block; control joints shall be concealed. How do you conceal a control joint?
City Manager Lagerbloom:
• Mr. Mayor, how do you conceal a control joint?
Mayor Lockwood:
• You can conceal it then you will have a big crack in it. I think maybe the intent is just to have a
control joint that is very clean and inconspicuous.
Dana Watkins, 12655 Birmingham Highway, Milton, Georgia 30004:
• Hello, I am Dana Watkins and I am the property owner of 12655 Birmingham Highway which is
currently zoned for T4O and I have a question why it is not zoned for T5.
• It seems like it is going to be a turnaround turn about right in front of the property and the three
corners are all T5 so I kind of thought just for the appearance of it alone it seems like it should
all be congruent.
Mayor Lockwood:
• We cannot answer your question at this time but one the Public Hearing is closed one of our staff
members or council can address that issue.
Rhonda Thomas, 12518 Broadwell Road, Milton, Georgia 30004:
• I am Rhonda Thomas and I live in Milton.
• I want to thank you guys for making sure you have somewhere for me to be buried in that livable
community which the United Nations calls a human settlement.
• By the way, the term sustainable consumption comes from the United Nations in 1987.
• Smart growth was a part of the regulatory make-up of federal agency and signed on to the United
States Conference of Mayors, the National Governors Association and several leagues of
municipalities to carry it out in our town.
• It is called Think Global, Go Local.
• There is a lot of involvement in this.
• There is actually a letter in here from the Spartanburg County Council explaining why this is
very dangerous.
• You're actually not just taking control of private property you are actually bringing in
behavioral; people's behavior, how we live, what our homes look like, and where we can plant a
tree.
• Some of this is good but it is being taken beyond good.
• Conservative conservation easements are promoted as a way to gain private property.
• According to the Golf of Maine Times article, the Main Coast Heritage press sold over 700 or
their 850 easements and acquisitions to federal and state agencies.
• Two-thirds of the nature conservatory operating budget is to purchase private lands that are then
sold to federal and state agencies.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 32 of 44
• This is all about private property rights.
• Basically, what we are doing is controlling,
0 The Atlanta Regional Commission has already laid out our livable communities and decided
where we will live.
• Governor Deal just passed and signed the Work Force Initiative which will be put into our
schools which will teach us jobs that are government friendly.
• There are actually Work Force Apartments being dedicated in Midtown.
• Once the zoning commission passed everything, they had the citizens input.
0 'They have now gone in and are turning condos into Work Force projects.
0 And the citizens are very upset because that was not part of the plan.
• But part of this is social equity and that is bringing all incomes together making sure everyone is
equal in all form and fashion including resources bringing water and electricity to certain areas
which is where the transportation comes in to play which is where we will live.
• And, what you all are doing I know is meant for the good but you are not looking at ARC's 2050
plan which relates to the United Nations which every bit of what you are talking about comes
from.
• The fact of the process is to remove the decision making from the people and their elected
officials and put the process and the outcome in the hands of the appointed professionals and
special interest groups.
• In Chapter 21, the soft law document that is set in the Agenda 21 chapter set forth a universal
plan to transform the world into a planned community, a planned economy, and a planned
culture and you all are taking part in that and it is very sad.
• The non-binding which we call voluntary comprehensive land use map may be compared to the
legally binding official zoning map.
• We are talking about Greenville, South Carolina now and how they have land designers come in,
facilitate surveys to albeit an already known outcome to get what they wanted to make sure that
then the city planners could come in and take that and say they had stakeholders that participated
to cover themselves and begin to proceed with what they wanted to do in the very beginning.
• Public/Private Partnerships can be used as a way to diminish the size of'government.
• I noticed that our architectural design was a Public/Private Partnership.
• But, in fact, it increases the government's power because no one ever comes forward to tell the
general public the entire plan for something as vast as the Security Prosperity Partnership.
• No one ever calls for a debate or vote to implement the plan with public approval.
• Public/Private Partnerships are becoming the fastest growing process to impose such policy.
• State legislatures across the nation are passing legislation for what is called the implementation
of PPP's.
• Public/Private Partnerships will be used hugely.
They will get government funds that they will never have to pay back.
0 The CSS railroad has received millions of dollars just to restore lines to fall into our public
transportation that will be great for our livable communities and they are never going to have to
pay that back, we are paying that, but yet, they are going to have the benefits from that money.
• America's mayors are elected representatives closest to the people.
• They are the ones that our founder's intended to have the most influence over our daily lives.
• If the United Nations succeeds to enforce sustainable development policies through our mayors,
the process will accelerate and an astounding rate and controlled government will cease to exist.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
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• But signs adorned with green stars will certainly greet us at every city limit when we are voted a
Great Global city.
• This is all through our society; it is all through every county.
• I have friends that have a lake place in the Ellijay mountains, the Tennessee Valley Authority is
already putting pressure on them that we cannot have recreation on our lakes and you may ask,
"Why is that?" because it is not sustainable.
• Lakes we need for quality of water.
• You know, our earth has gone through tornadoes, volcanoes, tsunamis and, guess what, God has
healed it.
• That is a great thing that we should do to be wonderful stewards of our earth because God did
create it for us.
• We are not creators.
• And, to sit here and think that we have the power, the power to control what is happening to our
earth is just beyond me.
• There are great things that we should do as citizens to take care of our property, take care of our
earth, and work together but that is different than controlling what people own, controlling where
they work, where they live, where they die, and where they are buried.
• And you all are not doing your research.
• You are listening; you are not doing your research.
• I appreciate your time.
• I feel like you have become family because I have been up here three or four times and I just
want to make sure that you know that this is the most important decision, you have no clue
where it is going.
• If this is happening all over our country, if 50% of what I say is true, you all should not vote
tonight.
• You should take the time you need and look at other cities.
• Bradley County, Tennessee just voted it down.
• Alabama just signed a bill against Agenda 21 for the entire state.
• North Texas, Garland, Texas they are all fighting it.
• You need to open your eyes and see that this is not about our comfort.
• This is about our children and grandchildren.
• Not where we live, not what we have.
• I don't care if I rent a house, I don't care if I ride a bicycle but don't tell me that I can't have
freedom within my community.
• Thank you.
Councilmember Kunz:
• Again, this may be for you. There was a question earlier about the process going through this
and obviously that the residential component had come in at a later point in this process and
some citizens were concerned that there was such a big enough change that it may warrant
another step in the process just from a community presentation aspect. I'm sure if you are aware
of that or not. My question is, at what point does a change in the overall zoning require that you
go through the process again? I just wanted to kind of get that out there for understanding.
City Attorney Jarrard:
0 I'm not exactly sure when the debate that you are discussing occurred or arose.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 34 of 44
Kathy Field:
• It was during the work session of the Planning Commission. The Planning Commission had
three meetings and the second meeting was a workshop session and that is when that item first
came up. It was suggested by the Planning Commission at the workshop and voted on
subsequently at their third meeting.
City Attorney Jarrard:
• With respect to the legality there is a difference of whether or not from a public policy
perspective you might want to take some more time with it but from a zoning procedure, which
is the law, I am very comfortable, particular if it arose at that stage of the game that the zoning
procedure has been followed so I think legally you are on solid ground.
Councilmember Thurman:
• And, I believe, with the additional wordage you have put in here it gives you a lot more
discretion. It is not near as restrictive for the residential as what the Planning Commission
initially passed I know on a very split vote and is more similar to what the public meetings held
that was discussed at those public meetings.
City Attorney Jarrard:
• And, that is another component of it as well if in the process the rule, quite frankly, gets a little
more lax then I'm going to give you more discretion to do that which is what I hear you saying.
Councilmember Lusk:
• So, maybe to clarify that a little bit more. I think the objectors or the dissenters on the Planning
Commission challenged the restrictive nature of residential design. In what these changes here,
the red line changes, have made it more permissive or discretionary particularly giving the
Community Development Director a lot more discretion. Is that what I am hearing?
Kathy Field:
• Yes, that is correct. I think this was the topic of significant discussion last week at the work
session and so we tried to come up with some language that would address that issue.
Councilmember Lusk:
• So, this has become less of an imposition on personal property rights. Would you agree with
that?
Kathy Field:
• Yes, the criteria is quite different between commercial buildings and residential buildings.
Councilmember Longoria:
• Kathleen, do we have any idea what the proposed cost is for implementing section 1.7.5 of this
ordinance that says the community development director shall establish and administer a process
for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs
when they are used to increase density ... The reason I ask this question is because in the work
session last week, I thought it was said that the city wasn't going to get involved in administering
TDRs. I thought what was said was that the TDRs end up being a lien on the property; therefore,
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 35 of 44
the county really holds the burden of tracking these and keeping up with them and so I wanted to
know what the difTerence was there.
Kathy Field:
• The way I see the staff's input in this is that we would have to certify how many acres a property
had and of those acres how many were constrained and not constrained so we would be using our
GIS data for that. And we would ascertain how many credits a property owner would be eligible
to have and we would probably give him a little document saying you're entitled to 14 TDRs.
When that person sold it to someone who was going to use it for development we would have to
then consider that as we looked at the development plan from the person who sold it to see how
many credits were being used to make sure that it worked. That is how I see the staff interfacing
with this.
Councilmember Longoria:
• You're not suggesting that we are going to do this in advance of requests from a property owner
and a sending area coming and asking us, hey, I'm interested in TDRs, we are going to do this on
demand, right?
Kathy Field:
• Yes, on demand and we may also have a website page from an informational point of view
where we can say as far as we know there are 200 'TDRs in the market if someone is coming in,
which is good from a development perspective to let developers know that there are TDRs and
we can point them out where they are. So, from that sense if we can serve from a public
information point of view to show those to show the availability but that is the extent to where I
think we are getting involved. We don't need any additional staff to do that. It should be
something that we can very easily handle.
Councilmember Longoria:
• So, you are saying the cost is going to be negligible. The ongoing cost is something that the
county will have not us.
Kathy Field:
• Right, in terms of assessing criteria and the process they have to go through.
Councilmember Longoria:
• So, if the county is involved, do we have to get permission from them to do any of this stuff? Do
we have to make them aware that this is coming down the pipe? Have we already talked to them
about this? Do they know that we are going to be implementing this if this ordinance passes?
Kathy Field:
• No, we haven't. The only extent of where the county has come in is that we have talked to ARC
and Allison Duncan who was here the other evening has mentioned that the county assessor's
office is aware of this process because they have used it in Atlanta and Chattahoochee Hills and
they are aware that there is a process in terms of transferring that tax from the original owner to
the new owner so they are familiar with the process.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 36 of 44
Councilmember Longoria:
• So, we don't have to get permission to make them aware of this. It just happens and they have to
be ready?
Kathy Field:
• That's right.
Councilmember Large:
• You hit on a point I was wondering about. So, when the process begins for a sending and
receiving, staff will look at the actual parcel and it is not going to be just a one unit per acre, it is
going to have constraints and actually come up with a reasonable ratio of, any piece of property
you are not going to get one unit per acre because of streets and constraints on environmental
easements.
Kathy Field:
• We will have to evaluate all the constraints that are there and then determine how large it was
and whether it was going to go for just a private conservation easement or a public easement
because there will be different equations we will use for the amount of acreage to find out what
the TDRs will be.
Councilmember Large:
• Do you see us as part of that process say on a sending area a property owner gets a consultant
that does an evaluation and submits it to the city and says this is the density that we could
possibly underwrite to develop the property and submit that as part of the process to establish
that the number of units that would be transferred to a receiving area
Kathy Field:
• If someone from a sending area wanted to hire a consultant we could certainly look at their
information and I feel like we have enough expertise in house to evaluate that information.
Certainly, if that helps us that's great.
Councilmember Longoria:
• If you can't tell Kathleen, 1 am mostly concerned with TDRs. I think the rest of this, the form -
based code is all very sound and I appreciate all the work that not only you and the staff did but
also the work that Karen did, apparently. But, we have gotten some feedback from citizens
where their concern is that part of this whole ordinance includes some kind of changes in the
base zoning that exists today. In other words, we are doing this in part because we want to
change how certain things are zoned. Can you, just so that we have this on record, state that, and
I think we said this last week at the work session, the base density zoning that is listed in Chart
10 Item A is identical to basically what is in the Comprehensive Plan today. Is that correct?
Kathy Field:
• Well, I believe the Comprehensive Plan, Robyn you can speak to this too, the Comprehensive
Plan did say in there that this Crabapple area needed to have its own master plan done for it in a UJ
more detailed plan.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 37 of 44
Michele McIntosh -Ross, City Planner:
• The Crabapple area needed a master plan, which is what we did and the master plan would
determine what the density would be.
Councilmember Longoria:
• I guess more important than that, a landowner isn't going to wake up tomorrow and realize his
property is missing something that it had today.
Kathy Field:
• On the contrary, what happened is, per the master plan, the city hired Lew Oliver who came in to
do the detailed master plan for Crabapple. And, we found that to implement that plan, we found
that the current overlay that is on there right now did not provide enough zoning to implement
that Lew Oliver master plan that was approved by the city for the Crabapple area so, basically,
when we came up with the form -based code, we then put in more zoning in order to allow for a
village concept to take place. Now what we did was we looked at the master plan and said how
much zoning does it take to make a village, literally. And with this form based code we gave in
a sense we allowed about 65% of what it took to make a village, so we increased the baseline up
to here, so people actually ended up with more zoning. We said though the last 35%, and we felt
like 65% was a good number because you still have a village but the true village that was
outlined in the master plan that was approved by the city really went even higher, so that last
35%, that is what we said if you want that last 35% use the Transfer of Development Rights
concept to put on that to create additional zoning so you have by right quite a bit and then the
rest you would get through the TDR.
Councilmember Longoria:
• That was actually the first time I have heard it described that way which was a very good
description and I appreciate that but I guess what it implies is that we decided when we put this
together that rather than seek the regular zoning process that we would now introduce this TDR
concept in order for us to get from 65% to 100%; thereby, creating the need to have the TDRs in
the first place. Correct?
Kathy Field:
• Correct.
Councilmember Longoria:
• I didn't realize that so that makes sense now. So, also in section 1.7.5 which I talked about
earlier, there is a line that says that the City of Milton may but is not obligated to buy, hold and
resell TDRs. Do we have any when we might do that, why we might do that, what is the need
for having that language in there?
Kathy Field:
• Actually, there is a line in here and it does allow for the fact that, when and if this is passed, if
the city buys land for park land, the city can make use of TDRs from that park land so if you
want some land in the future and if you bought 10 acres you would end up with probably 12
TDRs which you could then sell on the marketplace
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 38 of 44
Councilmember Longoria:
• So, it would be a way for us to offset the cost of purchasing the land in the first place or maybe
developing the land into its intended use?
Kathy Field:
• Exactly.
Councilmember Longoria:
• Okay. That makes perfect sense. I was a little more worried about the buying TDRs part of that
or the resale part of that because that implies that we are somehow involved in speculation or
something like that which would concern me.
Kathy Field:
• Well, you would obviously have to vote on that and everything else.
Councilmember Longoria:
• It has been stated, not only in this document but in the many discussions that we have had about
this, that the TDR program is voluntary. Now, I don't think there is any specific language in
here that says it is mandatory or voluntary but, there is a lot of circumstantial evidence and a lot
of the feedback we are getting from some citizens, we get these quotes about how TDRs have
been implemented but they are really only successful in areas where it has been mandatory.
Now, I am not going to debate or argue that because I don't know if that has any impact but are
we convinced that the voluntary nature of the TDR program is all that is needed to make happen
what needs to happen?
Kathy Field:
• Yes, and I think that Rick Pruett's made mention of that in his presentation and said that it is
clearly voluntary. It is a tool in the toolbox, as planners like to say, it is there, it can be used, it is
not mandatory at all. It is just a way of someone increasing their base density and the sender
creating a conservation easement.
Councilmember Longoria:
• I think it might make a lot of people who have concerns over TDRs have less concern if we put
language into this ordinance, such that, it would prevent us from converting this program at some
point and time in the future from voluntary to mandatory. Would you have a problem with that?
City Attorney Jarrard:
• You could put language in there that it is not mandatory but in light of 1.7.1 that might be
redundant. I think it is fairly clear.
Councilmember Longoria:
• The other issue that I had some concerns about had to do with how we define sending and
receiving areas. I understand why they exist. I understand what a sending unit is going to do
and I understand what a receiving unit will do. Is there any chance, let's just say, there is a
demand, we have already struck out from the ordinance the option for the council to sell
additional development capability for money. That was one of the things that got struck out of
the last revision of this.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 39 of 44
Kathy Field:
• The Density Transfer Option.
Councilmember Longoria:
• And, I feel good about that. But, it is possible that we will exhaust the resource of TDRs from a
demand side, in other words, people will want TDRs and there won't be any. Either because not
enough volunteers step forth and offer them or they are all gone. There isn't any chance that we
could contemplate TDRs coming from any land that exist outside the city limits, is there?
Kathy Field:
• Not according to this ordinance, no. I will say that in other states there are certain arrangements
like that. We clearly did not put that in this ordinance. This ordinance only speaks to the City of
Milton.
Councilmember Longoria:
• Okay, maybe you guys can educate me again like you just did. Is there a possibility that we can
add language into this that would prevent the ordinance from participating in a regional or a state
TDR program? Because Fulton County has a TDR program, the state has documented TDR
programs and how they are used. I don't know if they sponsor any, but again, getting back to
some of the concerns that we have gotten from citizens, it might help assuage their worry if we
put that kind of language in there. Does that make sense Ken?
City Attorney Jarrard:
• It does. That is much easier. In no event shall TDRs be subject to a receive or send area outside
of the jurisdiction limits outside the City of Milton.
Councilmember Kunz:
• I like the fact that we expanded a little more on the design aspects on the residential side. I
assume that since it is sort of making a village that we might have some townhomcs in that area
as we] I?
Kathy Field:
• Yes.
Councilmember Kunz:
• I assume they are under the same standards?
Kathy Field:
• Yes. Mr. Mayor, would you like for me to respond to the question from the audience?
Mayor Lockwood:
• Yes.
Kathy Field:
• Her property is directly to the south of the Crabapple Crossing Elementary School. So,
immediately adjacent on the south side and it is currently designated as T4 Open and her
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 40 of 44
question was why not have it T5 and if you look at your little map in the back that shows the T
zones, you will see that the property just next to it is T5 immediately to her south, so she's got to
the north of her the school and to the south of her T5, she is T4. Caleb is not here but from a
planning prospective I understand what happened. If you look at Table nine which is the one
with all the uses on it that we just modified to some extent there is not a lot of difference between
the, she is T4 Open actually to be precise, there is not a lot of difference between uses in T4
Open and T5 so that is not the issue. The issue comes down to Table ten on page 36 when you
look at the density and there is a significant difference between density in the T4 and the T5. For
instance, by -right in a T4 you get 5 units to an acre and in T5 you get nine units to an acre and
because the property is immediately adjacent to the school, it is my feeling that Caleb made that
a transition zone between her property and the property to the south of her which is T5. Her
property is T4 Open because she is right against the school. So rather than having a T5 go right
up to the school property line there was a transition zone there and that is why her property got
zoned T4 Open.
Mayor Lockwood:
• I was looking at this too and I can certainly see her point. Would it be possible to designate say
the front part of her property that maybe matches to the property next to her T5 and the back part
of it T4.
Kathy Field:
• 1 don't know the width of that. I don't know if that would work. How wide that property is. It
is hard to tell the scale of that plan.
Councilmember Thurman:
• Is that something that can be looked at in the future?
Kathy Field:
• Sure.
Councilmember Thurman:
• Do we know what her property is zoned at currently so we know that we are not being more
restrictive than it is currently at?
Robyn MacDonald, City Planner:
• It is C-1 with the existing structure.
Councilmember Thurman:
• So, right now she really can't do anything other than use her existing structure for certain uses.
So, this is really allowing her a lot more than what she currently has.
Kathy Field:
• Yes.
Councilmember Lusk:
• Are these transect zones the way they are shown on here cast in stone? Are they subject to the
same rezoning procedures?
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 41 of 44
Kathy Field:
• Yes, correct.
Mayor Lockwood:
• So, they would have to all be re -zoned anyway at the time specifically.
Councilmember Lusk:
• And that was addressed in the proposal that Joe came up with; dividing her parcel into T4 and
T5.
Kathy Field:
• We could certainly do that and see if it worked. I just don't know how wide it is.
Mayor Lockwood:
• Compared with some of the other properties, as you mentioned it is 5 acres total, but not a whole
lot, I was just thinking that might balance it out a little bit.
Kathy Field:
• It is really a policy decision. I just wanted to give you all the tools to make a decision.
Councilmember Kunz:
• Two questions, both on the baseline. One, 1 think there are some citizens that are concerned
about the idea of down zoning as some communities have done. I don't think it is the intent of
this council or anybody to actually do that. But, is there a way to put language in there that
might restrict future councils from doing such?
Kathy Field:
• I don't think we, by law, can downzone. You are taking people's property rights away. Ken,
you are the expert.
Ken Jarrard, City Attorney:
• Yes, that's correct. "There is really no way this council could do anything that would prevent
next year's council or the council after that.
Councilmember Kunz:
• So, the other question from a baseline standpoint, if we were to raise the baseline at any point in
time, that would have to be done in uniform through the whole area or do you raise the baseline
in one section at a time if needed, how would that work?
Kathy Field:
• You could or you could go right down to the parcel level which is what we are doing next door.
It is truly up to the council to determine. Soon, we would want to do a plan to look at the
ramifications of that but you can rezone anywhere from one parcel to an area.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 42 of 44
Councilmember Large:
• Chris, the study levels we are waiting to get, the economic study we talked about with the
present implications, does that take into consideration form -base for Crabapple.
City Manager Lagerbloom:
• That model really looks at a development opportunity and tells you what the cost to serve is over
time, like a 20 year period. I don't know how its applicability would be to this particular act
other than to potentially look at a development strategy for a village long term.
Councilmember Large:
• Has it been discussed with the individual that is preparing?
City Manager Lagerbloom:
• We are looking now at doing, as you remember, the three simulations, the three development
simulations and they will take into account the city as a whole and not just a certain portion of
the city. Maybe to some degree we can extrapolate from that and have some different
development strategies in this area and see what it looks like. I don't know the answer to your
question as to whether or not this tool is going to be able to be used for that specific purpose.
But, I don't think at the level that exists today that it would have any applicability to the decision
that is in front of you tonight.
Kathy Field:
• If I could just add from a general planning prospective, when you are doing a more intense
development, infrastructure costs are very high as you know and so the fact that the
infrastructure is there and there are obviously some more roads that are needed but not to the
degree so that your revenue is going to come out ahead of the cost because there is less of an
infrastructure investment.
Mayor Lockwood:
• I would like to add to the motion that the area known as the Strawberry Fields property can have
the front half of the property to match up with the properties that are around there as a T5.
City Manager Lagerbloom:
• We will add that by reference and address.
City Manager Lagerbloom:
• Approval of RZ12-08 — To delete Article VII, Division 7 of Chapter 64 — Crabapple Crossroads
of the Northwest Fulton Overlay and concurrently adopt a new Article XIX, Crabapple Form
Based Code identified as:
• Crabapple Form Based Code Draft V7 with the following modifications:
• In section 4.5.1(b2) remove the word "contiguous" and add in its place the word "common".
• In section 4.15.6(b7) add "where possible" after the word concealed.
• To include language written by the City Attorney which states in principal that the TDR function
is solely restricted to the City of Milton and does not allow for sending sites to be outside
Milton's incorporated boundaries.
• To include the map titled, "Crabapple Regulating Plan Draft V7" dated June 12, 2012 as
modified and signed by the City Manager in the council meeting and distributed to the council.
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 43 of 44
• Exhibit A titled, "Amendments to Crabapple Form Based Code V7" as well as Exhibit B titled,
"Crabapple Form Based Code Draft V7 As Amended."
Motion and Vote: Councilmember Kunz moved to approve Agenda Item 12-142 with the changes
mentioned by City Manager, Lagerbloom. Councilmember Lusk seconded the motion.
Councilmember Kunz withdrew the motion and made another motion to approve Agenda Item 12-
142 with the revisions stated by City Manager, Lagerbloom and the changes made to the June 12,
2012 Regulating Plan Map as modified and signed by City Manager, Lagerbloom. Councilmember
Lusk seconded the motion. The motion passed (6-1). Councilmember Longoria was opposed.
(End of verbatim transcription)
UNFINISHED BUSINESS
1. Approval of An Ordinance to Amend Chapter 42, Article III, of the Milton City Code to Remove the
Requirement for Precious Metals Dealers to Obtain and Maintain a License and Indemnity Bond.
(Agenda Item No. 12-143)
ORDINANCE NO. 12-06-137
(First Presentation at June 4, 2012 Regular Council Meeting)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney:
• This item is a modification to the recently enacted Precious Metals Dealers ordinance.
• This pertains to a moratorium that the council placed on it which required all precious metal
dealers in the City of Milton to obtain a $100,000 bond.
• This was based on the fact that other jurisdictions had this same requirement.
• Those jurisdictions have taken this requirement out.
• There are plenty of other safeguards in the ordinance that will protect the city.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-143.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
NEW BUSINESS
MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Regular Meeting of the Milton City Council
Monday, June 18, 2012 at 6:00 pm
Page 44 of 44
EXECUTIVE SESSION
Motion and Vote: Councilmember Thurman moved to adjourn at 9:23 p.m. into Executive Session
to discuss land acquisition. Councilmember Hewitt seconded the motion. The motion passed
unanimously (7-0).
RECONVENE
Motion and Vote: Councilmember Lusk moved to reconvene at 9:32 p.m. into Regular Session.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
ADJOURNMENT
(Agenda Item No. 12-15.5)
Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 9:33 p.m.
Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
After no further discussion the Regular Council Meeting adjourned at 9:33 p.m.
Date Approved: July 2, 2012.
Sudie AM Gordon, CY Clerk
STATE OF GEORGIA
COUNTY OF FULTON
CITY OF MILTON
AFFIDAVIT RE: CLOSURE OF
OPEN MEETINGS
Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia
to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council
meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his
knowledge and belief the following:
At its Regularly Scheduled Council Meeting held on June 18, 2012, the Council voted to go into closed
session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt
matters addressed during such closed meeting are as follows:
[Check or initial as appropriate]
1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease property;
authorizing the ordering of an appraisal related to the acquisition or disposal of real estate; entering into
contract to purchase, to dispose of, or lease property subject to approval in a subsequent public vote; or
entering into an option to purchase, dispose of, or lease real estate subject to approval in a subsequent
public vote pursuant to O.C.G.A, 50-14-3(b)(1)(B-E);
2. discussing or deliberating upon the appointment, employment, compensation, hiring,
disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or
interviewing applicants for the executive head of the city with the vote on any such matter coming in
public pursuant to O.C.G.A. 50-14-3(b)(2);
3. attorney/client privilege in order to consult and meet with legal counsel pertaining to
pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions
brought or to be brought by or against the agency or any officer or employee or in which the agency or
any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1).
4. other (explanation):
certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to
matters of official business or policy, with the exceptions provided by law as set forth above.
SWORN TO AND SUBSCRIBED before me NN11Iy1
this 18th day of JUNE, 2012. �►� �`
S NOT,�9
Notary Public
My Commission Expires:
MAYO JOE YL KWOOD