CITY OF MILTON, GEORGIA & Donations 0 75 0 75 6,189 0 6,189 Other Revenue 41,564 2,771 0 2,771...

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Milton City Hall City Council Chambers

13000 Deerfield Parkway, Suite E Milton, GA 30004

Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500.

CITY OF MILTON, GEORGIA

Joe Lockwood, Mayor

CITY COUNCIL Karen Thurman

Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart

Monday, July 20, 2009 Regular Council Meeting Agenda 6:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL

3) PLEDGE OF ALLEGIANCE (Led by the Mayor)

4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 09-895)

5) PUBLIC COMMENT

6) CONSENT AGENDA

1. Approval of the July 6, 2009 Regular Meeting Minutes.

(Agenda Item No. 09-896) (Jeanette Marchiafava, City Clerk and Clerk of the Court)

2. Approval of Financial Statements for the period ending June 2009. (Agenda Item No. 09-897)

(Stacey Inglis, Finance Manager) 7) REPORTS AND PRESENTATIONS 1. Presentation by the Milton Bicycle and Pedestrian Trail Committee.

(Presented by Dr. Brian Maloney, Chair) 8) FIRST PRESENTATION (none)

MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 20, 2009 – 6:00 PM

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9) PUBLIC HEARINGS

ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Approval of Alcohol Beverage License Application for Marquis Restaurant Group

Windward d/b/a CHA CHA BONGA Cuban Grill located at 5250 Windward Parkway, Suite 111, Milton, Georgia. The applicant is Ivonne Cranford for consumption on the premises of wine/malt beverage. (This item was postponed on July 6, 2009.)

(Agenda Item No. 09-891) (Presented by Stacey Inglis, Finance Manager)

2. Approval of Alcohol Beverage License Application for J and D Restaurant Corp. d/b/a The Red Hen located at 5310 Windward Parkway, Milton, Georgia. The applicant is David Rutledge for consumption on the premises of wine/malt beverage.

(Agenda Item No. 09-898) (Presented by Stacey Inglis, Finance Manager)

10) ZONING AGENDA

1. ZM09-01/VC09-03 – 13940 Atlanta National Drive by Aliaune Thiam, represented by Stephen Rothman, Wilson Brock & Irby, LLC Rothman for a modification to Condition 1.e. (Z85-181) to reduce the 100-foot perimeter setback to 33 feet and a concurrent variance to reduce the minimum setback from 100 feet to 33 feet for a private court (Article 19.3.8.B.1). (First Presentation on July 6, 2009.) (Agenda Item No. 09-890)

(Presented by Alice Wakefield, Community Development Director)

2. U09-01 / VC09-01, 13120 Arnold Mill Road, by Frank Schaffer, The Landscape Group, Inc. - To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part concurrent variance: 1) To delete the 50’ buffer and 10’ improvement setback along the west property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 2) To delete the 50’ buffer and 10’ improvement setback along the east property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section 21.C).

(Agenda Item No. 09-813) (First Presentation on March 2, 2009.) (Deferred on June 15, 2009.) (Presented by Alice Wakefield, Community Development Director)

3. U09-02/VC09-02 - 15150 Birmingham Hwy, Application by Robb Nestor to obtain a use

permit for a landscaping business on 3.926 acres at a density of 387.92 square feet per acre (Article 19.4.27). Applicant is also requesting concurrent variance to allow access from a local street (Article 19.4.27.B.1). (Agenda Item No. 09-836) (First Presentation on April 13, 2009, deferred on June 15, 2009.) (Presented by Alice Wakefield, Community Development Director)

MILTON CITY COUNCIL REGULAR MEETING AGENDA JULY 20, 2009 – 6:00 PM

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11) UNFINISHED BUSINESS (none)

12) NEW BUSINESS 1. Approval of a Resolution adopting the Partial Plan Update, the Community Assessment and the Community Participation Plan of the City of Milton 2008-2028 Comprehensive Plan. (This item was deferred on July 6, 2009.)

(Agenda Item No. 09-892) (Presented by Alice Wakefield, Community Development Director)

2. Approval of a Resolution to appoint two members to the Stakeholders Committee for the North Fulton Comprehensive Transportation Plan.

(Agenda Item No. 09-899) (Presented by Carter Lucas, Principal Engineer)

3. Delivery of the Parks and Recreation Advisory Board Recommendation to the Mayor and Council on use of Bell Memorial Park for Travel Teams.

(Agenda Item No. 09-900) (Presented by Mark Shaw, PRAB Vice-Chair)

13) MAYOR AND COUNCIL REPORTS

14) STAFF REPORTS 15) EXECUTIVE SESSION (If needed)

16) ADJOURNMENT

(Agenda Item No. 09-901)

The minutes will be Provided electronically

City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004

1

To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on July 9 for July 20, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 9 – June 2009 OVERVIEW and FINANCIAL HIGHLIGHTS: In order to account for revenue shortfalls, the budget was amended on June 15, 2009. The following financial reports reflect the budget changes. General Fund

Revenue collections for the General Fund totaling $5,600,265 are approximately 7.88% higher than anticipated for the ninth period of the fiscal year. Total expenditures to-date are $13,608,363 and are 5.55% less than expected.

Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $6,135,740, capital expenditures-to-date total $1,224,303.

FINANCIAL OPERATIONS:

Tree Replacement Fund: Balance: $12,800 Sidewalk Replacement Fund: Balance: $0

City of Milton

STATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending June 2009

Actual Budgeted Varianceover/(under)


Property Tax 8,612,549 43,327 54,167 (10,839) 690,435 721,849 (31,414)Motor Vehicle Tax 520,000 39,412 43,333 (3,922) 332,150 346,667 (14,516)Intangible Tax 170,000 49,254 14,167 35,087 136,124 113,333 22,790Real Estate Transfer Tax 30,000 5,880 2,500 3,380 22,546 20,000 2,546Franchise Fees 1,700,000 59,038 0 59,038 1,023,523 850,000 173,523Local Option Sales Tax 3,400,000 263,082 283,333 (20,251) 2,140,955 1,983,333 157,622Alcohol Beverage Excise Tax 254,000 17,672 21,167 (3,495) 165,338 169,333 (3,995)Business & Occupation Tax 580,000 2,348 5,800 (3,452) 569,961 562,600 7,361Insurance Premium Tax 850,000 0 0 0 0 0 0Financial Institution Tax 23,000 0 0 0 20,511 23,000 (2,489)Penalties & Interest 47,000 2,668 0 2,668 43,671 43,710 (39)Alcohol Beverage Licenses 111,000 4,675 0 4,675 115,630 111,000 4,630Other Non-Business Permits/Licenses 15,085 1,778 1,173 606 13,866 11,568 2,299Zoning & Land Disturbance Permits 35,000 2,765 2,917 (152) 30,258 26,250 4,008Building Permits 70,000 3,343 5,833 (2,491) 42,730 52,500 (9,770)Other Charges for Service 304,802 42,598 19,231 23,368 264,942 237,556 27,387Municipal Court Fines 402,500 54,062 33,542 20,520 341,417 301,875 39,542Interest Earnings 29,180 2,361 2,432 (70) 48,518 21,930 26,588Contributions & Donations 0 75 0 75 6,189 0 6,189Other Revenue 41,564 2,771 0 2,771 32,554 3,761 28,793Other Financing Sources 4,184,896 0 0 0 0 0 0

Total Revenue 21,380,576 597,110 489,593 107,517 6,041,318 5,600,265 441,054

Current Month Year-to-DateAnnual BudgetRevenue

Current Month Year to Date



Mayor and Council 345,129 29,543 25,581 3,962 218,159 238,724 (20,565)Clerk of the Council 697,369 48,363 52,327 (3,964) 515,778 521,139 (5,361)City Manager 234,134 14,032 14,970 (938) 121,671 149,249 (27,578)General Administration 2,385,121 180,571 196,773 (16,202) 1,761,296 1,770,096 (8,800)Information Technology 994,842 81,408 82,903 (1,496) 733,460 750,631 (17,171)Municipal Court 527,707 44,106 43,423 683 403,501 394,116 9,385Public Safety 6,506,440 417,473 479,281 (61,808) 4,291,312 4,731,649 (440,337)Public Works 2,396,932 184,544 199,744 (15,200) 1,655,347 1,797,699 (142,352)Parks & Recreation 183,619 8,079 10,552 (2,473) 59,025 137,714 (78,690)Community Development 1,743,200 142,647 145,729 (3,083) 1,276,186 1,272,150 4,035Debt Service - Capital Lease Payment 709,395 0 0 0 709,394 709,395 (1)Debt Service - TAN Payment 33,600 0 0 0 33,590 33,600 (10)Operating Transfer to Capital Projects Fund 4,188,139 0 0 0 1,000,473 1,047,035 (46,562)Operating Transfer to Capital Grant Fund 220,662 0 0 0 73,485 55,166 18,320Operating Transfer to Operating Grant Fund 30,553 0 0 0 0 0 0Operating Transfer to Confiscated Assts Fd 0 0 0 0 0 0 0Operating Reserve 183,734 0 0 0 0 0 0

Total expenditures 21,380,576 1,150,765 1,251,283 (100,518) 12,852,677 13,608,363 (755,686)

Net Income/(Loss) (553,655) (6,811,359)

Fund Balance - Beginning 7,127,688Fund Balance - Ending 316,329

Operating Expenditures Annual BudgetCurrent Month Year-to-Date

7/9/2009

Original Budgeted Amounts

FinalBudgeted Amounts

Current Period Actuals

Year-to-DateActuals

Variance with Final Budget -

Positive (Negative)

REVENUESContributions & Donations -$ -$ 1,900$ 1,900$ 1,900$ Interest Revenues - - - - - Holiday Card Sales - - 405 405

Total revenues -$ -$ 1,900$ 2,305$ 2,305$ EXPENDITURESCurrent:

Special Events 40,000$ 40,000$ 3,487$ 23,596$ 16,404$ Total Expenditures 40,000$ 40,000$ 3,487$ 23,596$ 16,404$

OTHER FINANCING SOURCES (USES)Transfers in from Hotel/Motel Tax Fund 40,000$ 40,000$ 4,146$ 31,336$ (8,664)$

Total other financing sources and uses 40,000$ 40,000$ 4,146$ 31,336$ (8,664)$ Net change in fund balances -$ -$ 10,045$

Fund balances - beginning 3,356 - 3,356

Fund balances - ending 3,356$ -$ 13,401$

City of MiltonSpecial Events Fund

Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and ActualFor the Period Ended June 30, 2009




Year-to-DateActuals


Positive (Negative)

REVENUESCash Confiscations $ - $ - $ 43,763 $ 43,763 $ 43,763

Interest Revenues - 8 24 24

Total revenues $ - $ - $ - $ 43,763 $ 43,763

EXPENDITURESCurrent:

Public Safety $ 73,845 $ - $ - $ - $ -

Total Expenditures $ 73,845 $ - $ - $ - $ -

OTHER FINANCING SOURCES (USES)Transfers in from General Fund $ 73,845 $ - $ - $ - $ -

Total other financing sources and uses $ 73,845 $ - $ - $ - $ -

Net change in fund balances $ - $ - $ 43,763

Fund balances - beginning - - -

Fund balances - ending $ - $ - $ 43,763

City of MiltonConfiscated Assets Fund





Year-to-DateActuals


Positive (Negative)

REVENUESWireless 911 Fees 570,000$ 570,000$ 65,511$ 470,618$ (99,382)$

Total revenues 570,000$ 570,000$ 65,511$ 470,618$ (99,382)$ EXPENDITURES 0Current:

Public Safety 530,000$ 554,000$ 1,765$ 408,784$ 145,216$ Total Expenditures 530,000$ 554,000$ 1,765$ 408,784$ 145,216$

OTHER FINANCING USESUnallocated 40,000$ 16,000$ -$ -$ (16,000)$

Total other financing sources and uses 40,000$ 16,000$ -$ -$ (16,000)$ Net change in fund balances -$ -$ 61,833$


Fund balances - ending -$ -$ 61,833$

City of MiltonE-911 Fund





Year-to-DateActuals


Positive (Negative)

REVENUESIntergovernmental Revenues

SAFER Grant 147,047$ 105,788$ -$ 53,026$ (52,762)$ Crabapple Festival Grant - - 2,370 2,370 2,370

Total revenues 147,047 105,788$ 2,370$ 55,396$ (50,392)$ EXPENDITURESCurrent:

Public Safety 168,057$ 141,237$ -$ -$ 141,237$ Total Expenditures 168,057$ 141,237$ -$ -$ 141,237$

Excess of revenues over expenditures (21,010) (35,449) 2,370 55,396 90,845 OTHER FINANCING SOURCES (USES)Transfers in from General Fund 21,010$ 35,449$ -$ -$ (35,449)$

Total other financing sources and uses 21,010$ 35,449$ -$ -$ (35,449)$ Net change in fund balances - - 55,396



City of MiltonOperating Grant Fund





Year-to-DateActuals


Positive (Negative)

REVENUESTaxes

Hotel/Motel Taxes 55,000$ 48,000$ 4,146$ 31,336$ (16,664)$ Total revenues 55,000$ 48,000$ 4,146$ 31,336$ (16,664)$

OTHER FINANCING SOURCES (USES)Transfers out to General Fund (15,000) (8,000)$ -$ -$ 8,000$ Transfers out to Special Events Fund (40,000) (40,000) (4,146) (31,336) 8,664

Total other financing sources and uses (55,000)$ (48,000)$ (4,146)$ (31,336)$ 16,664$ Net change in fund balances - - -


Fund balances - ending -$ -$ -$

City of MiltonHotel/Motel Tax Fund





Year-to-DateActuals


Positive (Negative)

REVENUESCharges for Service

Infrastructure Maintenance Fee 60,000$ 60,000$ 17,795$ 41,844$ (18,156)$ Landfill Host Fees 190,000 190,000 - 88,730 (101,270) Tree Recompense - 12,800 - 12,800 -

Interest Revenue 5,000 2,000 - - (2,000) Sidewalk Replacement Account 70,558 70,558 - - (70,558)

Total revenues 325,558 335,358$ 17,795$ 143,374$ (191,984)$ EXPENDITURESCapital Outlay

City Council 180,000$ 12,800$ 3,334$ 3,334$ 9,467$ Public Safety 502,957 460,230 - 303,290 156,940 Public Works 3,419,953 3,853,453 38,561 908,703 2,944,750 Parks & Recreation 1,721,933 1,721,933 - 504 1,721,429 Community Development 310,897 323,697 5,139 5,139 318,558

Total Capital Outlay 6,135,740$ 6,372,113$ 50,367$ 1,224,303$ 5,147,810$ Excess of revenues over expenditures (5,810,182) (6,036,755) (32,572) (1,080,929) (5,339,794)

OTHER FINANCING SOURCES (USES)Transfers in from General Fund 4,001,896$ 4,188,139$ -$ 1,000,473$ (3,187,666)$ Budgeted Fund Balance 1,808,286 1,848,616 - - (1,848,616)

Total other financing sources and uses 5,810,182 6,036,755 - 1,000,473 (5,036,282) Net change in fund balances - - (80,456)

City of MiltonCapital Project Fund






Current PeriodActuals

Year-to-DateActuals


Positive (Negative)

REVENUESIntergovernmental Revenues

Transportation Master Plan 400,000$ 360,000$ 109,698$ 121,649$ (238,351)$ GDOT HPP Funds 560,000 560,000 - - (560,000) Bathroom Renovation - 17,500 - 17,500 -

Interest Revenues - - - - - Contributions & Donations - - - -

Total revenues 960,000 937,500$ 109,698$ 139,149$ (798,351)$ EXPENDITURESCapital Outlay

Public Works 1,903,240 1,853,240 37,467 236,942 1,616,298 Total Capital Outlay 1,903,240$ 1,853,240$ 37,467$ 236,942$ 1,616,298$

Excess of revenues over expenditures (943,240) (915,740) 72,230 (97,793) 817,947 OTHER FINANCING SOURCES (USES)Transfers in from General Fund 293,940$ 220,662$ -$ 73,485$ (147,177)$ Budgeted Fund Balance 649,300 695,078 - - (695,078)$

Total other financing sources and uses 943,240$ 915,740$ -$ 73,485$ (842,255)$ Net change in fund balances - - (24,308)


F d b l di 695 078$ $ 670 770$

City of MiltonCapital Grant Fund



City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004

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To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on June 17, 2009 for July 20, 2009 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Marquis Restaurant

Group Windward d/b/a CHA CHA BONGA Cuban Grill City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Marquis Restaurant Group Windward d/b/a CHA CHA BONGA Cuban Grill for consumption on the premises of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Marquis Restaurant Group Windward d/b/a CHA CHA BONGA Cuban Grill Owner(s) Name: Ivonne Cranford Business Address: 5250 Windward Parkway Suite 111, Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage

Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Alice Wakefield, Director of Community Development

City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004

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To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on June 23, 2009 for July 20, 2009 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to J and D Restaurant

Corp. d/b/a The Red Hen City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to J and D Restaurant Corp. d/b/a The Red Hen for consumption on the premises of wine and malt beverage. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: J and D Restaurant Corp. d/b/a The Red Hen Owner(s) Name: David Rutledge Business Address: 5310 Windward Parkway Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage

Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Alice Wakefield, Director of Community Development

Prepared by the Community Development Department for the Mayor and City Council Meeting July 20, 2009

Page 1 of 9

PETITION NUMBER(S): ZM09-01/VC09-03

PROPERTY INFORMATION

ADDRESS 13940 Atlanta National Drive, Lot 15 Estates at National

DISTRICT, LAND LOT 2/2, 849

OVERLAY DISTRICT Northwest

EXISTING ZONING CUP (Community Unit Plan) Z85-181

EXISTING USE Single Family Residence

PROPOSED USE Single Family Residence with a private recreational court

PETITIONER Aliaune Thiam ATTORNEY Stephen Rothman, Wilson Brock & Irby, LLC ADDRESS Overlook 1, Suite 700, 2849 Paces Ferry Road, Atlanta, GA 30339 PHONE 770-803-3731 APPLICANT’S REQUEST:

1) To modify Condition 1.e. (Z85-181) to reduce the 100- foot perimeter setback to 33 feet and a concurrent variance to reduce the minimum setback from 100 feet to 33 feet for a private recreational court (Article 19.3.8.B.1).

COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION

ZM09-01 – APPROVAL CONDITIONAL VC09-03 – APPROVAL CONDITIONAL


Page 2 of 9

LOCATION MAP


Page 3 of 9

Revised Site Plan Received June 22, 2009


Page 4 of 9

PROPOSED TENNIS COURT SITE – LOOKING WEST


Page 5 of 9

WESTERN VIEW OF PROPERTY WITH POOL PAVILION

PROPOSED TENNIS COURT SITE – LOOKING NORTH


Page 6 of 9

PROPOSED TENNIS COURT SITE


Page 7 of 9

Condition to be Modified: (Z85-181) 1. To the owners agreement to restrict the use of the subject property as follows:

e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan).

ANALYSIS AND RECOMMENDATIONS The subject site is a single family residence located in the Estates at National Subdivision. It is zoned CUP (Community Unit Plan) pursuant to Z85-181. The applicant is requesting to reduce the 100-foot perimeter building setback along the CUP property line (west property line) to construct a private recreational court. In addition, the applicant is requesting a concurrent variance to reduce the minimum setback from 100 feet to 33 feet for a private recreational court (Article 19.3.8.B.1). Condition 1.e. requires a 100-foot building setback from the property line of the CUP’s property line. The site plan indicates that the proposed private recreational court will encroach into the 100-foot perimeter setback by 67 feet and a modified condition 1.e. should provide a 33-foot building setback from the property line for 13940 Atlanta National Drive. The lot is triangular in shape with two of the three property lines adjoining streets. This limits two of the three sides to front or side corner yards. Based on the fact that the lot is triangular in shape with multiple front yards, a 20-foot drainage easement and septic drainage fields limits the location of the court, Staff recommends APPROVAL CONDITIONAL of ZM09-01 to modify condition 1.e to provide a 33-foot building setback. In addition, Staff will restrict the reduction in the building setback to where the recreation court is located. VC09-03 – To reduce the minimum setback from 100 feet to 33 feet for a private recreational court (Article 19.3.8.B.1) The City of Milton Zoning Ordinance requires that private recreational courts be located outside of any minimum yard. Based on the Zoning Ordinance’s requirement, the applicant is seeking a concurrent variance to allow the recreational court in the minimum 100-foot building setback as required by condition 1.e. of Z85-181. It is Staff’s opinion that this request to reduce the setback for a private recreational court does not offend the spirit or intent of the ordinance, or in this case the condition required in Z85-181 to provide a 100-foot building setback which is to reduce the negative impact of the proposed development on surrounding properties. With this specific property, the adjacent property to the CUP is the Capital City Club Golf Course. The portion of the golf course is a large heavily wooded area that is not utilized by the golf course and any activity from the recreational court would not be heard or seen by the club’s members.


Page 8 of 9

Based on the triangular shape and size of the property which requires two frontages, a drainage easement and septic drainage fields limit the location of a recreational court on the lot and creates an unnecessary hardship. Also, if approved, it is Staff’s opinion that allowing the recreational court in the minimum setback will not cause a substantial detriment to the public good and surrounding properties since the only surrounding property of the CUP is the Capital City Club which is heavily wooded as mentioned above. The proposed court should not be heard or seen by residents or visitors passing the property. Lastly, it is Staff’s opinion that if this concurrent variance is approved, the public safety, health and welfare are secured and substantial justice will be done because the proposed court is secluded and appears it will not have a negative impact on the adjacent property owners. Other single family residential homes are not adjacent to or nearby the court. Therefore, Staff recommends APPROVAL CONDITION of VC09-03 to reduce the minimum setback from 100 feet to 33 feet for a private recreational court (Article 19.3.8.B.1). ARBORIST After site visit by arborist, Staff notes that there will not be any specimen trees affected by this request. The site is heavily wooded and meets tree density requirements. CONCLUSION Staff is of the opinion that the applicant’s request to modify condition 1.e. to reduce the perimeter setback to 33 feet for a private recreational court and to reduce the minimum setback for a private recreational court to 33 feet meets all of the variance considerations required for approval. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM09-01 to modify Condition 1.e. and VC09-03.


Page 9 of 9

RECOMMENDED CONDITIONS

Should the Mayor and City of Council approve this petition, the Recommended Conditions (Z85-151) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows:

e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #15 which shall provide a 33-foot building setback along the west property line where the private recreational court is to be located.

2. To the owner’s agreement to abide by the following:

d. To reduce the minimum yard setback for a private recreational court to 33 feet on lot 15. (VC09-03)

City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004

To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: July 6, 2009, for Submission onto the July 20, 2009, City Council Meeting Agenda Item: U09-01/VC09-01 – Use Permit for a Landscape Business and 3 part concurrent

variance for 13120 Arnold Mill Road – The Landscape Group, Inc. CMO (City Manager’s Office) Recommendation: It is the City Manager’s recommendation is to recommend a deferral. Background: At the April 27, 2009 Mayor and City Council Meeting, U09-01/VC09-01 was deferred until the May 18, 2009 meeting based on unresolved issues regarding the location of the existing well and above ground storage tank in relation to the septic tank and lines. It has been determined by Staff that the Fulton County Public Works Department does not serve this property as the water line stops at Ranchette Road south of this property. Discussion: Since the April 27, 2009 Council meeting Staff has been informed by the Fulton County Health Department that no permitted plans for the septic tank/field and well on the subject site was found. The Health Department states that the applicant should hire a septic contractor to determine the size of the tank. Staff has provided the Health Department with the maximum occupancy load for the 800 square foot office. Based on this number, it will be determined what size tank will be required. The applicant is continuing to work on a revised site plan based on input from the Mayor and City Council at the April 27, 2009 meeting and information resulting from the septic contractor and the Health Department. The applicant has received information from a plumbing contractor that even if the well storage tank is moved to the warehouse, the pump would remain in the same place and thus would be in the path of a turn around. This item was deferred again at the May 18, 2009 Mayor and City Council Meeting based on the lack of information from the Fulton County Health Department. Staff has received information since that time from the County. This information was given also to the applicant so that they could provide a revised site plan to be reviewed at the June 15, 2009 City Council meeting. Prior to the June 15, 2009 City Council meeting, the Community Development Staff recommended that the applicant submit a new survey to clarify exactly where the newer building (the warehouse which is close to the stream) and the location of the stream and its buffers. The Community Development Staff gave the applicant a list of qualified surveyors to provide a new survey. The applicant did not meet the deadline for the new survey. Therefore, Staff is

City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004

recommending that this item be deferred until the September 21, 2009 City Council meeting to allow the applicant adequate time to provide the new survey/site plan. Alternatives: The Mayor and City Council may choose to hear this request or defer it to a future date. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney

Prepared by the Community Development Department for the

Mayor and City Council on July 20, 2009 7/10/2009 Page 1 of 23 U09-02/VC09-02

PETITION NUMBER(S): U09-02

VC09-02

PROPERTY INFORMATION

ADDRESS 15150 Birmingham Highway

DISTRICT, LAND LOT 2/2, 821

OVERLAY DISTRICT Northwest Fulton Overlay

EXISTING ZONING AG-1

ACRES 3.96

EXISTING USE Landscaping Business

PROPOSED USE Use Permit for Landscaping Business (Article 19.4.27)

OWNER Robb Nestor, American Gardens ADDRESS 15150 Birmingham Highway Milton, Georgia 30004

INTENT

To obtain a use permit for a landscaping business on 3.96 acres at a density of 187.62 square feet per acre (Article 19.4.27). Applicant is also requesting a 3 part concurrent variance: 1) to allow access from Taylor Road, a local street (Article 19.4.27.B.1), 2) to allow the existing structures, gravel drive and septic system to encroach into the 50-foot undisturbed buffer and 10-foot improvement setback along the south property line as shown on the site plan (Article 12H.3.1.C.1 and 3) to allow the existing structures along the south property line as shown on the site plan to remain within the 50-foot setback adjoining the AG-1 District (Article 19.4.27.B.3.).

CITY OF MILTON PLANNING COMMISSION RECOMMENDATION – JUNE 23, 2009

U09-02 - APPROVAL CONDITIONAL – Vote 6-0 VC09-02 – PARTS 1-3 – APPROVAL CONDITIONAL - Vote 6-0



COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 23, 2009

U09-02 - APPROVAL CONDITIONAL VC09-02 – PART 1 – APPROVAL CONDITIONAL

VC09-02- PARTS 2 AND 3 - DENIAL

MAYOR AND CITY COUNCIL MEETING – JUNE 15, 2009

U09-02 – DEFERRAL TO JULY 20 CITY COUNCIL MEETINGTO ALLOW PLANNING COMMISSION TO MAKE RECOMMENDATION

VC09-02 – DEFERRAL TO JULY 20 CITY COUNCIL MEETING TO ALLOW PLANNING COMMISSION TO MAKE RECOMMENDATION

COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MAY 26, 2009

U09-02 – DEFERRAL TO ALLOW APPLICANT TO SUBMIT REVISED SURVEY

VC09-02 – DEFERRAL TO ALLOW TO SUBMIT REVISED SURVEY

MAYOR AND CITY COUNCIL MEETING – APRIL 27, 2009

U09-02 – DEFERRAL TO ALLOW ADDITIONAL CONCURRENT VARIANCES VC09-02 – DEFERRAL TO ALLOW ADDITIONAL CONCURRENT VARIANCES

CITY OF MILTON PLANNING COMMISSION RECOMMENDATION - MARCH 24, 2009

U09-02 -- APPROVAL CONDITIONAL VC09-02 -- APPROVAL CONDITIONAL

The Planning Commission strongly urged the applicant to fix the privacy fence along Taylor Road to match with the older fence and extend it down to the

ground.



LOCATION MAP



ZONING MAP



REVISED SITE PLAN SUBMITTED MAY 26, 2009



SITE PLAN – January 26, 2009



NORTHWEST VIEW OF SITE

PROPOSED TAYLOR ROAD ENTRANCE



EASTERN SIDE OF PROPERTY

NORTHERN SIDE OF PROPERTY AT TAYLOR ROAD



SOUTHERN SIDE OF SUBJECT SITE

SUBJECT SITE: The subject site is a 3.96 acre tract of agriculturally zoned land located at the southwest corner of the Birmingham Highway and Taylor Road intersection. The subject site is developed with a 780 sq. ft. house built in 1951, a 500 sq. ft. barn built in 1995, and a 243 sq. ft. greenhouse built in 1995. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan.



SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on May 26, 2009, Staff offers the following considerations: The Zoning Ordinance, pursuant to Article 19.4.27.B.1 states that a landscape business cannot have access from a local street. The applicant is requesting the following: VC09-02 – Part 1 - To allow access from Taylor Road, a local street. Due to sight distance, volumes, speeds, and safety concerns, the Taylor Rd driveway is the recommended entrance/exit rather than the Birmingham Hwy driveway for this Landscape business (see attached Public Works Report). Public Works recommends the use of the driveway on Taylor Rd and recommends that the owner provide a line of sight easement and removal of vegetation and fencing that may encroach in the line of sight. Based on the fact that the access is not considered safe, the small number of trips per day and the applicant’s agreement to having all trips related to the business use the Taylor Road entrance, Staff recommends APPROVAL CONDITIONAL of PART 1, VC09-02. Northwest Fulton Overlay District BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. It appears that the applicant meets this requirement. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10 foot-wide landscape strip along all public streets. It appears that the applicant meets this requirement. Furthermore, Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50) foot-wide undisturbed buffer and a 10’ improvement setback which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses.



VC09-02 – Part 2 – To allow the existing structures, gravel drive and septic system to encroach into the 50-foot undisturbed buffer and 10-foot improvement setback along the south property line as shown on the site plan. Part 2 of the concurrent variance was added on April 28, 2009. The applicant submitted a new survey on May 26, 2009 to the Community Development Department. The survey indicated that the building used as storage adjacent to the parking and the septic field is outside of the 50-foot undisturbed buffer and 10-foot improvement setback. Therefore, a variance is not needed for the main storage building and septic tank/field. Since the home and the associated driveway that derives its access from Birmingham Highway are not utilized by the landscape business, they can remain in the undisturbed buffer and 10-foot improvement setback. Staff notes that the house shall not be used as an office for the business but remain a residential use which will be reflected in the Recommended Conditions. The small shed/greenhouse is encroaching into the 50-foot undisturbed buffer by less than 5 feet and a portion of the 10-foot improvement setback. Although, this encroachment does not appear to have a negative impact on the adjacent property to the south, based on the revised variance considerations approved by the Mayor and City Council on January 21, 2009, this request does not meet all the variance considerations to support this reduction in the buffer and improvement setback. Staff notes that it appears this structure could also be relocated outside the 50-foot undisturbed buffer and 10-foot improvement setback. Therefore, Staff recommends DENIAL of PART 2, VC09-02 to allow the shed/greenhouse to encroach. If the Mayor and City Council chooses to approve this part of the concurrent variance, a condition to allow could be included in the Recommended Conditions. BUILDING SETBACKS Article 5.1.3.C of the Milton Zoning Ordinance requires a minimum front yard of 60 feet along Birmingham Highway and Taylor Road. A minimum side yard of 25 feet is required along the south property line. Staff notes that triangular lots do not have a rear yard. The new survey indicates that the existing home encroaches into the side building setback; it is considered a grand-fathered non-conforming structure since it was built in 1951 prior to the adoption of the Fulton County Zoning Resolution. Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-feet building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. In Staff’s opinion, it appears that the applicant has met this requirement for the existing structures.



Article 19.4.27.B.3 of the Milton Zoning Ordinance, Use Permit Standards requires all use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. VC09-02 – Part 3 - To allow the existing structures along the south property line as shown on the site plan to remain within the 50-foot setback adjoining the AG-1 District. Part 3 of the concurrent variance was added on April 28, 2009. The applicant submitted a new survey on May 26, 2009 to the Community Development Department. The survey indicated that the building used as storage adjacent to the parking field is outside of the 50-foot setback adjoining AG-1. Therefore, a variance is not needed for the main storage building. Since the home and the associated driveway that derives its access from Birmingham Highway are not utilized by the landscape business, they can remain in the 50-foot setback adjoining AG-1. Staff notes that the house shall not be used as an office for the business but remain a residential use which will be reflected in the Recommended Conditions. The small shed/greenhouse is encroaching into the 50-foot building setback adjacent to AG-1 by less than 5 feet. Although, this encroachment does not appear to have a negative impact on the adjacent property to the south, based on the revised variance considerations approved by the Mayor and City Council on January 21, 2009, this request does not meet all the 4 variance considerations to support this reduction in the setback. Staff notes that it would be difficult to relocate the custom glass greenhouse but could be removed completely. Therefore, Staff recommends DENIAL of PART 3, VC09-02 to allow the shed/greenhouse to encroach into the 50-foot setback. If the Mayor and City Council chooses to approve this part of the concurrent variance, a condition to allow could be included in the Recommended Conditions. SCREENING AND FENCING An opaque fence/gate is located along Taylor Road. This fence is permitted pursuant to Article 12H.3.2.A which allows opaque fences for loading areas. The Design Review Board recommended additional plantings along this area but the Public Works Department required the applicant to clear the vegetation along fence and to relocate the fence along Taylor Road. After the transportation engineer, city arborist and planner visited the site, it was determined that it appears that a portion of the fence furthest from the gate could be removed and additional plantings would provide the necessary screening of the landscape business from the road. Staff notes there are no specimen size trees in this area.



PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • Warehouse (243 sq. ft. + 500 sq. ft.) Total 743 sq. ft.

• 1 space per 2,000 sq. ft. of building area (3 spaces)

1 space required

• 3 spaces

Staff notes that the applicant is providing a gravel parking area, which meets the required one (1) space required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan can be in compliance with the landscape and layout requirements of Article 12H(2).4. Section B.6. ARBORIST The applicant has no plans to remove any trees on the subject site. Overall, the site is heavily vegetated with small caliper hardwoods and pines. Where the plantings are sparse, additional plantings will be required to meet the buffer standards. There are two specimen trees on the southeast portion of the site:

1- 28” Oak 1- 37” Oak

They both are in healthy condition and will not be affected by the project. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic

development plans adopted by the Mayor and City Council:

Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan:



• Encourage development consistent with the surrounding scale,

transition of densities and uses, and Comprehensive Plan policies, where appropriate.

B. Compatibility with land uses and zoning districts in the vicinity of the

property for which the use permit is proposed;

If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed landscape business may be compatible with other land uses in the surrounding area. Staff notes that on August 17, 2007, Milton City Council approved a use permit for a landscaping business at 15386 Birmingham Highway (U07-01).

Location Parcel / Zoning Petition

Zoning / Name Approved Density/Min. Heated Floor

Area West 1 (AG-1) Agricultural

Undeveloped 1 u/a

North 2 (AG-1) Agricultural Single-family homes

1 u/a

East 3 (AG-1) Agricultural Single-family homes

1 u/a

South 4 (AG-1) Agricultural Single-family homes

1 u/a

Southwest 5 (AG-1) Agricultural Undeveloped

1 u/a



C. Whether the proposed use may violate local, state and/or federal statutes,

ordinances or regulations governing land development; If the applicant does not receive approval of this request, the proposed use violates the Zoning Ordinance as it relates to the standards of a use permit for a landscape business.

D. The effect of the proposed use on traffic flow, vehicular and pedestrian,

along adjoining streets;



The proposed use will not generate a significant increase in traffic. In addition, the applicant has agreed to limit the number of deliveries to the site to 2 per week. The Public Works Staff recommends that only one entrance be utilized at Taylor Road based on sight distance, volumes, speeds, and safety concerns along Birmingham Hwy.

E. The location and number of off-street parking spaces;

Article 18.2.1 requires the applicant to provide 1 parking space per 2,000 square feet of warehouse space. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates a parking area which will accommodate the required number of spaces.

F. The amount and location of open space;

The applicant’s site plan indicates that approximately three-fourths of the site is undeveloped. It appears that the applicant has sufficient open space on the property.

G. Protective screening;

If Part 2 of VC09-02 is approved, it is Staff’s opinion that the amount of protective screening will provide adequate screening for the business. Staff notes that the property is heavily planted along all property lines.

H. Hours and manner of operation;

The applicant states that the hours of operation range from 7:00-9am to 6-6:30pm depending on the season. This business has 6-8 employees. The applicant states that this location is merely a holding place for plants, materials, and two trucks used for jobs.

I. Streetscape lighting;

At the time of the issuance of a City of Milton Business License, the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of any possible lights on the adjacent properties. Staff notes that the applicant does not have any plans for additional lighting on the property.

J. Ingress and egress to the property.

The applicant’s site plan indicates one curb cut on Birmingham Highway and one curb cut on Taylor Road. If the concurrent variance is granted,



Staff recommends that landscape business vehicles only access the site through the Taylor Road entrance. This will be reflected in the recommended conditions.

PUBLIC INVOLVEMENT On February 25, 2009 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one at the meeting. Public Comments – Staff has received no phone calls or e-mails regarding this request. City of Milton Design Review Board Meeting – March 3, 2009

Replace wooden privacy fence with 4 board horse fence and gate, Screen fence with a mix of evergreens, No additional curb cuts along Birmingham Highway, No expansion of current use (no additional clearing), Business should not be open to the public, No signage.

Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 business days prior to the Planning Commission meeting and an update 7 business days prior to the Mayor and City Council meeting. Planning Commission Meeting – June 23, 2009 The Planning Commission at their meeting had a thorough discussion regarding the added concurrent variances. The Planning Commission made the following additions, which were agreed to by the applicant, to the attached Recommended Conditions:

• All materials stored on site shall be placed in 3 sided bins not to exceed more than 300 square feet.

• Replace existing opaque privacy fence along Taylor Road after the

required clearing of plant materials as required by the Public Works Department for site distance.

• Limit the site to one dumpster.



• Limit the number of deliveries to the site to 2 per week.

• Not to exceed 4 landscape vehicles on the site.

• The greenhouse and potting shed may encroach into the 50-foot undisturbed buffer and 10-foot improvement setback (VC09-02, Part 2).

• The greenhouse and potting shed may encroach into the 50-foot

setback adjoining the AG-1 District (VC09-02, Part 3). CONCLUSION Staff finds that the proposed landscape business does not have a negative impact on the surrounding uses and may be compatible with surrounding uses if developed with the attached conditions. Staff is in support of Part 1 of the concurrent variance to allow access to a local street, Taylor Road, due to safety and the high volume of traffic on Birmingham Highway. Although Staff recommends denial of Parts 2 and 3 based on not being able to satisfy all 4 variance considerations, Staff is of the opinion that the existing structures do not have a negative impact on the adjacent property. Therefore, Staff recommends APPROVAL CONDITIONAL of U09-02 and APROVAL CONDITIONAL of VC09-02 Part 1 and Denial of Parts 2 and 3.



RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as

follows:

a) Landscape business within the warehouse, and greenhouse at a density of 187.62 square feet per acre or 743 square feet, whichever is less.

b) Single family residence 2) To the owner’s agreement to abide by the following:

a) To the revised site plan received by the Milton Community Development Department on May 26, 2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a City of Milton Business Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.

b) The business shall not provide retail services. c) The existing 780 square foot home shall remain a residence and not

to be utilized by the landscape business. 3) To the owner’s agreement to the following site development

considerations:

a) Not to expand the existing business and/or clearing of site. b) No signs permitted except for temporary standard informational

signs permitted in the AG-1 (Agricultural) district. c) All materials stored on site shall be placed in 3 sided bins not to

exceed more than 300 square feet.



d) Replace existing opaque privacy fence along Taylor Road after the required clearing of plant materials and provide a line of site easement as required by the Public Works Department.

e) Limit the site to one dumpster. f) Limit the number of deliveries to the site to 2 per week. g) Not to exceed 4 landscape vehicles on the site. h) The greenhouse and potting shed may encroach into the 50-foot

undisturbed buffer and 10-foot improvement setback (VC09-02, Part 2).

i) The greenhouse and potting shed may encroach into the 50-foot

setback adjoining the AG-1 District (VC09-02, Part 3).

4) To the owner’s agreement to abide by the following requirements, dedication and improvements:

a) Provide only one entrance each on Birmingham Hwy and Taylor Road.

b) Birmingham Highway entrance may not be used by landscape

business vehicles and trucks.

c) To allow access from Taylor Road. (VC09-01- Part 1)



CITY OF MILTON PUBLIC WORKS USE PERMIT REVIEW

PETITION NUMBER(S)

U09-02 VC09-02

PROJECT NAME

Robb Nestor

PW RECOMMENDATION TO CD: Approval Traffic study results Taylor Road

• 815 vehicles per day • 85th percentile speed 48 MPH • Peak hour approx 80 vehicles

Birmingham Hwy

• 9540 vehicles per day • 85th percentile speed 52 MPH • Peak hour approx 900 vehicles

Driveway Data

• AM Peak 8 in 2 out • PM Peak 2 in 8 out

Delay The delay will be the minimal for vehicles exiting the site driveway. There will be no delay on the public roadway. The turns out of the driveway are greatest in the PM and all of the vehicles and associated minimal delay will be retained in the driveway. Sight Distance Study Taylor Road Sight distance was measured from the centerline of the existing driveway on Taylor Road. Sight distance to the right extended to the intersection of Taylor Rd and Birmingham Rd (387 ft). The sight distance to the left was measured to be 328 ft. The sight distance to the right extends to the intersection which meets all requirements. The sight distance to the left does not meet the required distance for stopping sight distance of 360 ft or the intersection sight distance of 500 ft for a 45 mph design speed roadway. The design speed of 45 mph is used for this location since the 85th percentile speed is 48 mph and due to the proximity to the stop controlled intersection of Taylor Rd at Birmingham Hwy. The sight distance to the left is limited by horizontal line of sight. The survey including the sight distance indicates that the sight distance looking left



(southwest) at the existing driveway on Taylor Rd could be increased with a line of sight easement and removal of vegetation and fencing. Birmingham Hwy Sight distance measured from the centerline of the existing driveway on Birmingham Hwy to the left was 650 ft and to the right was 244 ft. The sight distance to the left meets all requirements. The sight distance to the right does not meet the required distance for stopping sight distance of 425 ft or the intersection sight distance of 555 ft for a 50 mph design speed roadway. The design speed of 50 mph is used for this location since the 85th percentile speed is 52 mph. The sight distance to the right is limited by the vertical line of sight and the grade of the roadway. Driveway Location Due to sight distance, volumes, speeds, and safety concerns, the Taylor Rd driveway is the recommended entrance/exit rather than the Birmingham Hwy driveway for this Landscape business. Public Works recommends the use of the driveway on Taylor Rd and recommends that the owner provide a line of sight easement and removal of vegetation and fencing that may encroach in the line of sight.



DEPARTMENT OF HEALTH AND WELLNESS Environmental Health Services 99 Jesse Hill Jr. Drive, Suite 101

Atlanta, Georgia 30303 Telephone (404) 730-1301, Fax (404) 730-1462

MEMORANDUM TO: Robyn MacDonald, Planner City of Milton Community Development FROM: Monica Robinson, Environmental Specialist, Senior Environmental Health Services DATE: June 17, 2009 SUBJECT: Zoning Comments for June 2009 AGENDA

ITEM ZONING COMMENTS

U-09-02 This facility must comply with the Georgia Smokefree Air Act of 2005 and the Fulton County Code of Ordinances and Code of Resolutions, Chapter 34 – Health and Sanitation, Article III – Clean Indoor Air. The Fulton County Department of Health and Wellness recommends that this proposed development be approved, provided the internal plumbing is inspected and adequate for the proposed use.

City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004

To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: June 19, 2009 for Submission onto the July 6, 2009 City Council Meeting (Deferred to the July 20, 2009 Regular Meeting) Agenda Item:

Approval of a Resolution adopting the Partial Plan Update, the Community Assessment and the Community Participation Plan of the City of Milton 2008-2028 Comprehensive Plan

COM (City Manager’s Office) Recommendation:

To approve the attached resolution adopting the Partial Plan Update, the Community Assessment and the Community Participation Plan of the City of Milton 2008-20028 Comprehensive Plan.

Background: The Georgia Standards and Procedures for Local Comprehensive Planning regulation requires three basic sections of the Comprehensive Plan:

1. Community Assessment; 2. Community Participation Plan; and 3. Community Agenda

The state regulations also offer the opportunity to prepare a Partial Plan Update which serves as a bridge between the document that was created under the previous state planning regulations and the plan being prepared under the current regulations. The Partial Plan Update is a combination of the Community Assessment and several sections of the Community Agenda. Discussion: The preparation of the City’s first Comprehensive Plan was initiated in 2007. Utilizing the new Georgia Standards and Procedures for Local Comprehensive Planning, both the Community Participation Program (CPP) and the Community Assessment portions of the Plan are completed. In a letter dated May 28, 2008, ARC and DCA agreed that the Community Assessment and the Community Participation Program were developed in accordance with the state regulations and authorized the City of Milton to proceed with the final phase of the plan which is the Community Agenda. While proceeding with the development of the Community Agenda, it was discovered that the deadline for submittal of the plan was November 30, 2008 instead of November 30, 2011.

City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004

To address the issue of the approaching deadline, DCA and ARC directed the City to compete a Partial Plan Update. It was also felt by DCA and ARC that a Partial Update was in the best interest of better regional coordination and inter-jurisdictional cooperation. Also, the Focus Fulton 2025 Plan was developed under the old planning regulations. Therefore, the Partial Update serves as a “bridge” between the adopted Focus Fulton 2025 Plan and the new plan underway. On December 31, 2008, the City of Milton submitted the Partial Plan Update to ARC and DCA. In a letter dated February 12, 2009, the Partial Plan was determined to be in compliance with the state regulations These three documents now need to be approved by the City. Therefore, Staff is asking the Mayor and City Council to adopt the Partial Plan Update, along with the Community Assessment and the Community Participation plan. Although both, the Community Assessment and the Community Participation Plan, were certified as compliant back in May of 2008, they were never formally adopted by the City of Milton. Adoption of these documents is a necessary step. To do otherwise may cause potential problems when the Community Agenda is submitted to ARC and DCA later this year. It is also important to note that the adoption of the Partial Plan Update will replace the Focus Fulton 2025 Plan which the City adopted as an interim plan in 2006. The Partial Plan Update will serve as the City’s Comprehensive Plan until the Community Agenda is completed, accepted and adopted. CPAC and Staff continue to work with the community-based involvement process toward the completion of the Community Agenda, the final phase for the City of Milton Comprehensive Plan initiative. Concurrent Review: Chris Lagerbloom, City Manager CPAC Attachment:

• ARC compliance letter dated February 12, 2009 – Partial Plan Update • ARC compliance letter dated May 28, 2008-Community Assessment and Community

Participation Plan

The Partial Plan Update of the Community Assessment and the Community Participation Plan of the City of Milton 2008‐2028 Comprehensive Plan can be viewed on the City of Milton Web Site.

RESOLUTION NO. ______

STATE OF GEORGIA COUNTY OF FULTON

A RESOLUTION TO APPOINT TWO MEMBERS TO THE NORTH FULTON COMPREHENSIVE TRANSPORTATION PLAN STAKEHOLDER COMMITTEE

BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a regular called Council meeting on the ____ day of July, 2009 at 6:00 p.m. as follows:

WHEREAS, the City of Milton signed a Memorandum of Agreement to participate in the development of a North Fulton County Comprehensive Transportation Plan which includes the cities of Sandy Springs, Roswell, Alpharetta, and Johns Creek; and,

WHEREAS, the Memorandum of Agreement establishes a Policy Committee made up of the mayors of each of the five participating cities; and,

WHEREAS, the Memorandum of Agreement requires the Policy Committee to establish a Stakeholder Committee to be made up of a diverse set of stakeholders intended to reflect each city government and the city as a whole ; and,

WHEREAS, the City of Milton has been assigned two seats on the Stakeholders Committee based on current population;

NOW THEREFORE, the Mayor and Council of the City of Milton hereby appoints Clyde Johnson and Matthew Marietta as the City of Milton’s representatives to the North Fulton Comprehensive Transportation Plan Stakeholder Advisory Commission.

RESOLVED this ____ day of July, 2009.

Approved: _______________________________ Joe Lockwood, Mayor

Attest:

___________________________ Jeanette R. Marchiafava, City Clerk (Seal)

May 19, 2009 Page 1

City of Milton Parks and Recreation Advisory Board

Summary Report and Recommendations on the

Use of Bell Memorial Park by Travel Teams

Background Rec League Agreement: The City has an agreement with Hopewell Youth Association (HYA) regarding the use of Bell Memorial Park for a recreational baseball league. This agreement is automatically renewed (unless cancelled) each calendar year through December 31, 2013. Travel Team Agreement: The City also has an agreement with HYA regarding the use of Bell Memorial Park by travel teams. This agreement expires on December 31, 2009 and has no provision for renewal. Demand for Baseball in Milton: During the spring 2009 season, participation by Milton residents was as follows: • Rec League: The recreational league for 4-15 year olds included 649 players: 567 Milton

residents and 82 non-residents (87% Milton residents.) • Travel Teams: The five travel teams for 9-13 year olds included 53 players: 23 Milton

residents and 30 non-residents (43% Milton residents.) Two of these travel teams had only one Milton resident each. [Note that there are discrepancies in the residency data provided for the travel teams, but HYA has refused to provide travel team rosters with addresses, citing privacy concerns.]

Field Space Shortage: The four fields at Bell Memorial Park--which are the only public baseball fields in Milton--are not adequate to support the growing demand: • All of the rec league age groups (except the 8 year old group) were sold out and marked

“WAIT LIST” during spring 2009 registration. • Field space is a major issue on Fields 1 & 2 (used by players age 9 and up), where a

significant amount of field space on weekdays and Sundays is reserved for travel teams. HYA first allocates 4 hours per week of field time to each travel team, which allows less than 2 hours per week of field time for each rec team.

• Next year, 112 eight year olds will move to Fields 1 & 2 and no fifteen year olds will

graduate, which means 10 additional teams would be required to accommodate all returning rec players.

• In August 2009, more than 300 Milton students will be redistricted from Manning Oaks

Elementary in Alpharetta to Cogburn Woods Elementary in Milton. Next season, these Milton residents (who may now play baseball with their classmates in Alpharetta) may instead play at Bell Memorial Park with their new classmates.

May 19, 2009 Page 2

Alternatives for Travel Players: There are alternatives for Milton residents who wish to play travel baseball. These include travel teams that play at Birmingham United Methodist Church and other fields in Milton owned by churches, schools and private residents. Travel teams also play at Wills Park and Webb Bridge Park in Alpharetta and at various parks in Forsyth and Cherokee counties. Opportunities for Advanced Players: HYA offers its advanced rec players the chance to compete against other parks on summer all-star teams. HYA could also offer these rec players the chance to compete on Sunday select teams. Select teams (which compete against other select and travel teams) are offered for 9-12 year old rec players at Ocee Park in Johns Creek and Sharon Springs Park in Cumming.

Recommendations 1. Do Not Extend the Travel Team Agreement with HYA: The City should provide formal

notice to HYA that it will not extend the Travel Team Agreement beyond its expiration in December 2009. This will allow sufficient time for these travel teams to secure alternative field space and for travel team players to try out for other area teams.

2. Recruit Milton Residents to Join the HYA Board: The City should actively recruit rec

league parents from Milton to fill any HYA board positions vacated by travel team parents. The City should also appoint a rec league parent from Milton to serve as the City’s representative on the HYA board. The City’s board representative should play an active role in field scheduling, fees and other areas that require the City’s approval.

3. Provide Field Space for High School Feeder Teams: The City should continue to allocate

field space at Bell Memorial to a Milton High School feeder team and, as needed, an additional feeder team for the new high school in Milton (at Bethany and Cogburn) that is scheduled to open in 2012.

4. Provide Field Space on Sundays for Select Teams: The City should amend the Rec

League Agreement to allow HYA to offer advanced rec players the chance to compete on Sunday select teams.

5. Permit Travel Teams to Use Excess Field Space: The City should amend the Rec League

Agreement to permit the use of excess field space by travel teams, subject to the following: • the City should have the right to approve travel teams on a case-by-case basis; • adequate field space should first be allocated to the rec league, select teams and feeder

teams; • preference should be given to travel teams in the oldest age groups (starting with a 13u

travel team); • travel teams should be subject to a 70% Milton residency requirement; • travel team players should pay fees equivalent to those paid by rec players; • travel team coaches and players should be selected through an open and fair process,

based on standards pre-determined by the City.

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